There are about 4.7 million dogs in the United States. Everyday, an average of 1,000 Americans are treated in Emergency Rooms for dog bite injuries.
Dog bites are common to both children and adults. It can have serious consequences including disfigurement, trauma and in many cases even death.
Since the dogs themselves cannot be held liable in the court of law, the owner is generally the one to take the blame for the pet’s actions.
Each state may have different laws regarding dog bite injuries. But most recognize that a pet owner is responsible for his/her dog or any other pet, and should prevent them from attacking or causing harm to other people.
A dog bite injury attorney can help you in filing for personal injury claims depending on the state you are in.
The two most used animal attack statutes are Dangerous Propensity and the One Bite rule.
Dangerous Propensity
This statute say’s that the owner can only be held liable for injuries as a result of his/her dog’s attack if it can be established that he/she knew that the dog or pet has “dangerous propensity” or a tendency to attack, bite or maul other people even if not provoked.
A dog bite injury attorney will try to establish the dog’s dangerous propensity in various ways. He/she can use the dog’s breed or species, occupation, training and general character. In some cases, the owner can also be used as proof. Evidence of owner’s foreknowledge of his/her dog’s dangerous propensity may include testimonies from other people that the owner brags about the dog’s aggressiveness, muzzling of dog when in public or signs in the property warning about the dog.
One Bite Rule
Over a third of the country uses this as guideline for judging an attack.
The rule states that the dog owner cannot be held liable if the dog has no history of biting or attacking anyone before.
There are advantages and disadvantages for the owners.
On one hand, owners are shielded from liability if their dogs have no previous history. On the other, once their dog attacked a person, the next time they attack someone else, the first attack will be strong evidence against the owner.
What to do if bitten by dog
You can follow these guidelines when you are bitten by a dog:
• Identify the dog and its owner. Ask the owner if the dog has been vaccinated to check if it has rabies.
• Do not argue with the owner. Most owners will deny that their dogs will cause any harm.
• Get medical treatment, this is most essential especially if the dog has rabies. Dog bites can be fatal if not treated early.
• Do not sign any documents that the owner or an insurer asks you without consulting the lawyer. You might be signing a statement absolving the owner of responsibility or worse, you might be admitting fault for the incident.
• Report the incident to the police and obtain a copy of the report.
• Consult with a dog bite injury lawyer to help you in filing your claims.
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