Dog bite wounds may be physically and emotionally traumatizing. A dog bite may make you wonder whether canines are the best friends of man, depending on how serious the incident may be.
Besides the pain, you may also be on top of who the law will hold responsible for the dog bite. People say that there are no bad dogs, just bad dog owners. There is some truth to that. However, due to the non-black and white nature of things, it is not always the case that the issue of liability can be easily solved.
That is why it is reasonable to call a personal injury attorney in case of a visit to your doctor. A lawyer will obtain the facts related to the incident and will tell you whether you have a case or not.
Having a legal professional in your corner is your best way to get the right outcome.
Understanding Liability in Dog Bite Cases
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It is not always easy to ascertain liability in a dog bite case. Nevertheless, in most jurisdictions, it is evident that the owner of dogs is the one who is responsible for their behaviour. The extent of responsibility may however, vary based on the laws that are applicable to the jurisdiction.
Two types of liability exist, i.e. negligence based liability and strict liability.
Under strict liability, the pet owner can be civilly liable to the harm that the dog caused, regardless of whether the particular owner was aware that the pet was aggressive.
The strict liability merely considers the infliction of the injury. The injured individual in the negligence-based liability should establish that the dog owner was negligent in ensuring that the dog did not bite or assault another individual.
At that, there are seven considerations to be made in deciding upon liability following a dog bite.
1. The Dog Owner Is Usually Responsible
The first party that will be held liable in most cases concerning the dog bite injury would be the owner of the dog. The reason is quite self-evident enough – the owners of dogs should be capable of controlling them and ensuring that they will not harm other people. The owner can be considered guilty in case:
- The owner failed to leash the dog in a proper manner.
- The dog was given the freedom to roam in the open places by its owner.
- The owner has disregarded the local animal control laws.
- The owner was aware that the dog was aggressive, yet he did nothing about that.
- The owner can still be charged under strict liability even when the dog has not bitten any other person previously.
2. Landlords or Property Owners May Be Liable
In other cases, the landlord of the dog owner can be found partially responsible of a dog bite.
As an illustration, when the landlord was aware of the presence of dangerous dog belonging to one of his tenants and failed to take any action to prevent the same, the landlord can be considered as being partly responsible in case the dog bites a person. This is possibly so especially when the incident occurred in a public place.
3. Businesses and Third Parties May Be Involved
In other cases, there can be dog bitings in any business that deals with dogs. In case the business was the one that was managing or in charge of the dog during the accident, it would be liable in case it failed to observe the proper safety standards.
Similarly, the dog walkers, pet sitters, or dog trainers would similarly bear the responsibility in case it happened because of their act (or lack of action) or because they failed to be careful with the dog.
4. Victim Behaviour Can Affect Responsibility
The action of the injured individual could also influence the responsibility in the case of the owners of the dog. There are instances where the conduct of the victim may restrain or even nullify the liability of the owner of the dog. You may have the following, say:
- In case the victim provoked the dog, did not pay attention to the warning signs or entered the territory of their housekeeper, the conduct of the victim can restrain the liability of the owner.
- The comparative or contributory negligence rules are used in some jurisdictions.
- In case the victim is proven to have been the cause of the incident, the compensation given to the victim can be lowered accordingly.
It is important to add that these aspects can be evaluated on a case-by-case.
5. Local Laws and Regulations Matter
One should also note that in different jurisdictions, the laws on dog bites vary. This way, one should be aware of the laws within the particular jurisdiction in which the incident took place.
The case will be determined by the particular jurisdiction’s laws under which the dog bite incident occurred.
6. Types of Damages in Dog Bite Cases
Depending on the kind and level of injuries caused by a dog bite, the victim of this kind of injury can assert various types of compensation. The compensation may be in the form of the following:
- Medical expenses and other medical expenses.
- Income lost as a result of absenteeism.
- Pain and suffering
- Emotional crisis and trauma.
- Rehabilitation and cost of therapy.
Along with this, there are also long term consequences due to scarring and disability, which can also be put into consideration in the decision of giving the compensation in some severe cases regarding dog bite injuries.
7. The Importance of Evidence
The liability in dog bite cases also needs evidence. This may contain among others, medical reports of the injury incurred, images of the wound and the place of accident and eyewitness accounts.
The case is improved the faster the evidence is collected and maintained. The issue of establishing liability in dog bite injuries does not only involve finding the owner of the dog that bit you. It is also reliant on other factors.
Although in some cases dog owners can be held liable for these incidents, in certain cases, the liability may be shared. Knowing this will enable the victims to deal with the legal procedure in a better way and claim damages.
After experiencing a dog bite case, knowing your rights and the many aspects that determine the liability is one way of healing.
