Generally, puppies who are under the age of four months are not allowed to enter dog parks. There is no federal dog-bite law in the United States, so penalties and processes differ from state to state, and in In most situations, dog owners owe a duty of reasonable care to anyone lawfully on their property. The victim does not need to prove the dog had a history of biting people, or the dog owner should have known the dog was vicious to recover damages. If you were bitten by a dog, a dog bite injury lawyer can help you determine legal options for your recovery. In general, a dog owner has strict liability for any damages their pet caused. A journal detailing your pain and suffering during recovery can help prove you are entitled to non-economic damages. 2023 by Rose, Klein & Marias LLP.. All rights reserved. As mentioned in the previous section, a dog bite mark is not required to prove a dog attack. In addition to rabies, various germs can live in a dogs teeth and tongue. As the data suggests, dog bites are more common than you might expect. You owe nothing to a guest who inexplicably jumps from a balcony. Knowing that a team of lawyers is on your side can put you at ease and allow you to focus on your future. Specific insurance policies provide dog attack coverage. Typically, the period of quarantine depends on how long the officials take to investigate. However, this does not mean that you cannot defend your side. In many cases where a property owner has a homeowner insurance policy in place, that policy will step in to provide the necessary coverage for the injuries suffered by a dog attack or dog bite victim in St. Louis. Animal control officers have standing orders to impound dogs that have a history of biting people, that lack up-to-date vaccinations, or whose owners do not have all the proper paperwork. The dog attack victims lawyer will usually assemble a settlement demand package for the property owners insurance company. In California, the strict liability law makes a pet owner responsible for a dog bite injury without regard to fault and even if there was no reason to suspect the dogs propensity for viciousness. They should not be the one to deal with the legal implications of an event that is difficult or even traumatic. If your Chihuahua Daffodil has sunk her teeth into people in the past, you are on notice that she can be considered dangerous under the law. Apply over-the counter antibiotic cream if you have it. An example here is a dog owner releasing a dangerous dog to run loose on the property after suspecting that a trespasser has entered the land. All dogs are wild animals at their core, and even the most trusted animal or breed can potentially be dangerous under the wrong circumstances. If your dog bites someone on your property, they can sue you if they were there lawfully. The decision to euthanize such a dog is taken only if there is an alarming history of hostility including many dog bites. Each of these problems could crop up even if the dog bite victim has no grounds for taken legal action. You can also show a certificate indicating your dog has been going trained and any DNA testing that proves your dogs breed. This will help you to train your furry friend to cope or shift it to a safe place while dealing with guests or visitors. Having legal representation can help you organize your defense, manage your expectations about your cases results, answer your questions, offer general support, explain each step of the legal process, and more. These options include mediation or arbitration. The sooner an attack ends, the less harm the person being bitten will suffer. As long as the victim did not provoke your dog, the victim was lawfully on your property and the victims injuries were the result of a dog bite, you will be liable for damages. ( Available outside of office hours by appointment ). Most insurance policies have coverage for medical expenses for injuries that took place on your property. Dog attacks are considered personal injury cases. Some exceptions exist, such as in the context of children at play and/or attractive nuisances as discussed earlier. According to pethelpful.com, the number of dog bites in the U.S. alone is in millions; dogs attack around 4.5 million people each year. Please fill out our form below to get started today. If the defendant could provide evidence that the dog was teased, attacked, or tempted to attack, the court can let them off the hook. Animal control can seize the dog and, in the worst case, euthanize The dog bite victim must then try to receive an anti-rabies vaccination after a specific time. It is also possible the animal on your property was not yours. In Philadelphia, dog owners or keepers are automatically accountable for their dogs actions and welfare. All the above information will contribute to your evidence and strengthen your case. You have to ensure that your dog is not a menace for health staff, postal workers, delivery staff, and other professionals who may come to visit you. Even if you think its a minor injury, you should still see a doctor to make sure. Dog bites can cause infections, scarring, Thus, it is wise to find a proficient personal injury attorney and search valid contact information to know about the law details in the region where you live. Proving a property owner is negligent requires you to: The property owner may or may not be the dog owner. Keep copies of all medical bills, invoices, and receipts for expenses related to the dog bite. (213) 626-0571, Fax In other words, a dog owner may be prosecuted if the pet attacks someone on an owned property, including the pub area and backyard. (As noted above, youre usually not liable if your dog bites an intruder.) By FindLaw Staff | If someone experienced any of the following forms of suffering after a dog bite occurs on your property, they could take legal action: When someone is injured from a dog bite, determining liability ultimately determines who is legally responsible for paying damages. The short answer is yes. A traumatic occurrence involving a dog might result in significant emotional trauma, influencing your judgment of dogs. If someone elses dog bites a trespasser on your property, only the dog owner can be held liable for the incident. In Philadelphia, if you have been a victim of a severe dog bite then you can seek compensation for your pain, suffering, medical expenses, and lost income. It will usually take several rounds of negotiations between the dog attack victims attorney and the insurance company adjuster before reaching a favorable settlement offer. If a dog bite took place on your property and you find yourself in a legal battle to determine liability, it could be a good idea to consult a legal professional about your cases details. Dog bites can be a serious problem. If a canine bit someone on your property, you may need to fight a So my entire life, I was surrounded by pets that I cared for deeply. This means that you are responsible for injuries your dog causes when such injuries were preventable. Once you accept a settlement offer, then you will not have the chance to receive any compensation in the future. If your dog bites someone whos on your property, depending on the circumstances, youll probably file an insurance claim. On the contrary, if you did everything in your control to keep others safe from animals on your property, this could be part of your defense as a property owner. Close. The short answer is yes. Even if you were watching someone elses dog, you could still be held liable. Reviewed by Robert Rafii, Esq. Name You can take legal action against the dog owner or file a lawsuit for a dog bite against the negligent pet owner. After the attack has stopped and once suitable actions have been taken to treat bites and scratches, recreate the incident. During the night (right after sunset and just before sunrise) it is particularly hard to see and most of the doors and windows in your household are locked, so anyone who wants to break into your house may find it very difficult to do so.But however difficult it is still very likely to occur. Please try again. Well, at times, this trait of protection backfires by biting someone. For example, if someone regularly feeds a stray dog that visits their property, and the dog bites someone while on the persons property, the property owner is a keeper in the accident, and must compensate the injured person for damages. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Several factors contribute to determining liability. If your dog happens to bite someone in a public place or while someone is lawfully on private property, then you can be sued for the attack. Doctors will attempt to restore the damage caused by the dog attack when the skin is seriously injured. If you do not have either type of insurance, you may be responsible for paying for a dog bite injury victims injuries and medical bills out of pocket. They could be financially liable for damages based on their percentage of fault for the cause of the dog attack. Ultimately, if you have neither of these, you can be heldpersonally liableif you lose a lawsuit against an injured party. The attack can occur on public property or when the victim is lawfully on private property. The Ultimate Guide to Car and Trucking Insurance Claims. Californias strict liability dog bite law applies to the owner, possessor or harborer of any dog. Its vital to consult with a legal professional to explore your options. If the scar is on part of the victims body that clothing does not cover, it can cause extreme shame, embarrassment, and humiliationall of which are legally compensable. However, property owners are not allowed to hurt a trespasser intentionally. Once you accept a settlement offer, then you will not have the chance to receive any compensation in the future. What happens if adog bitessomeone on your property? The dog owner would only be liable for the persons damages if the owner knew or should have known the dog had a natural tendency or inclination to be vicious or has a history of biting people. Find out when you are and are not responsible for a dog bite injury on your property. Petrov Law Firm is a Vista personal injury law firm with over two decades of combined legal experience providing legal representation to injury victims across South California. In addition, if the victim had to miss time from work, they can recover compensation for lost wages. Rather, be nice and treat the person, as the decision to hire an attorney and get paid for damages lies in his hands. You may have to pay If a dog bites someone on your property, you may be liable for the dog bite injury as the owner of the dog or under a theory of premises liability. In that case, if Dangerous Daffodil bites someone on your property, the homeowner or occupier may be heldstrictly liable. The facts and circumstances of the case determine liability. The person was not committing a trespass, teasing, tormenting, or abusing the dog when it caused the personal injury or property damage. What happens to your dog after it bites someone? If your dog knocks someone over and causes injury to them, you are legally responsible for the injury. It is also important to consider who would be liable for paying expenses related to a dog bite lawsuit. But its best to contact a. to discuss your case as soon as possible. You are negligent if: Depending on how the incident took place, your dog could be at risk. It will ultimately depend on both the state you are in and whether or not there is a dog bite statute in place that protects owners from liability to trespassers. The court may hold the defendant responsible for their sustained damages in this case. Additionally, M-dog.org participates in various other affiliate programs, and we sometimes get a commission through purchases made through our links. Keep in mind, this is a general overview and each state has its own, unique dog bite laws and statutes. Suppose your guard dog bit a person trespassing your property. Get Answers From An Experienced Attorney. Since then, our family just kept growing, and we couldnt be happier about it. Its vital to talk to your lawyer about the injuries you sustained from a dog attack. This will help you further understand your rights in a dog attack case. Dog Bites. This can be a challenging question as some factors may appoint you to share the liability with the dog owner. Freely allowing the pet to be seriously out of control on a public or private property is now a breach. In other words, a dog owner may be prosecuted if the pet attacks someone on an owned property, including the pub area and backyard. The only exception here is when a dog bites someone, such as a burglar, who enters your home illegally. It may be anywhere between a few weeks and six months. If the jury awarded $200,000 in damages, the victim would receive $100,000. (805) 642-7101, Fax In other words, this means that your dog is spared for its first bite or other violent act against someone. The scientific name for the irrational dread of dogs is cynophobia. They can provide you with viable ways to protect your rights and establish your position in your case. My name is Mathew Barham and Im the editor in charge here at M-Dog. Is It Worth Hiring a Truck Accident Lawyer? This can impact the way a case is handled in the legal system. This means that an individual will be financially responsible (liable) for injuries or damage caused by a dog even if the owner was not negligent. For instance, if your dog bites someone strolling past your driveway and then someone else in the same area. Such a lawsuit is referred to as a. Were here to help you take back control of your life. As an Amazon Associate I earn from qualifying purchases. The dog owner is liable for damages caused by their dog if the dog bites another person. 1. Despite the strict liability dog bite statutes placed upon dog owners, various legal defenses are available for them. In many instances, an initial settlement offer will not fully compensate the dog attack victim for their injuries, damages, and everything they went through following the incident. This compensation coverage includes monetary and non-monetary damages. If the victim instigated the attack by harassing, provoking, bothering or injuring the dog, he or she may lose the right to hold you responsible for the injury and related medical bills. Dog owners However, specific state laws allow trespassers to contest a case against the property owner. There are also certain types of pet insurance policies you may be able to get to cover these incidents. Document your injuries by taking pictures of each injury. You can recover reimbursement for your economic damages. The penalties for more serious dog bites or attacks include unlimited fines, prison sentences, confiscation orders and permanent bans on dog ownership. Statutes of limitation ensure that witnesses memories remain fresh and that a dog attack victim can recall exactly what happened during the incident if they need to testify in court. *Amazon and the Amazon logo are trademarks of Amazon.com, Inc., or its affiliates. against the negligent pet owner. It can often be confusing to determine liability in these situations, but a St. Louis dog bite lawyer can offer information on your rights. No protection if you knew before the first bite that your dog exhibited dangerous propensities or must have known it, or your dog is habituated to act aggressively and hurt someone, No protection if you are found guilty of violating some law or were careless with regards to the dog bite, such as not fence or keeping the gate open, Someone or the victim who incited your pet to attack by abusing or hurting, Trespassers or people who have come without your permission. Non-economic damages: On the other hand, this compensation coverage is for personal or subjective damages. Reasonable care means when the owners do not unreasonably expose others to threats while giving warning of unseen dangers that should have been known. In states following the strict liability statute for dog bites, such as Utah, dog owners are strictly liable for any injuries a victim sustained from a dog attack. Simply put, a person is not lawfully in a private place if they are trespassing, attempting to commit a burglary, or other criminal offense. However, there is an exception to the rule if: Californias strict liability dog bite law means that if your dog bites someone on your property, you will most likely have to pay for the victims related medical bills and property damage. M-dog.org does not intend to provide veterinary advice. Authorities said the two onboard the plane were a. may try to negotiate with you and provide you with a settlement amount. If a dangerousdog attacksa person without provocation, then the dog owner is held liable. This duty covers sensibly foreseeable injuries induced by dogs. The statute of limitations also ensures that witnesses remain available to come to court and testify if the case goes to trial or arbitration. Is a landlord liable for a tenants dog that bites someone? In almost all circumstances, a person injured in a dog attack has five years from the incident to file a claim or lawsuit for monetary compensation. This law makes property owners responsible for most accidents and injuries that happen on their premises. Explore your options policies you may be able to get started today the awarded... To hurt a trespasser on your property get started today furry friend to cope or shift it to guest... Be heldstrictly liable the court may hold the defendant responsible for the irrational dread of dogs is.... Antibiotic cream if you have neither of these problems could crop up even if the goes. 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