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Sometimes dogs can be triggered by stresses in their environment or by sudden changes they experience. When a dog acts out, sometimes a dog bite injury can occur. In situations in which dogs act aggressively and seriously injure someone, the dogs’ owners can be held liable for damages.
Usually, some negotiation will take place between the owner of the dog and the injured individual. However, two considerations should be taken into account when the parties are dealing with legal and monetary damages: the first is an estimate of the actual cost of damages and the second is who is liable for the incident involving the dog.
If you have been the victim of a dog bite injury, contact a dog bite injury lawyer today to understand your rights.
How Does the Court Determine Fault in Dog Bite Injury?
Depending on the state where the dog bite injury occurred, a judge can either attribute strict liability to the owner of the dog, meaning that regardless of the facts of the situation and the owner is responsible for the actions of the pet, or the court can make some determination about who was more at fault, depending on if the owner of the animal was negligent.
For example, in Arizona, a dog owner will be held legally responsible for any injuries suffered by a person because of the acts taken by his or her dog – this strict liability even includes if the incident occurred inside the dog owner’s home. The person who experienced the dog bite does not have to prove any type of negligence on the part of the dog owner.
However, the state of Washington recognizes negligence as well as strict liability in dog bite cases. Case law has determined that if a dog owner knows the dog has vicious or dangerous propensities, the owner is strictly liable for any injuries the dog causes, but if a dog owner or other person does not know of any vicious or dangerous propensities, that person is liable only if negligent in failing to prevent the harm.
What do I Need to Know to File a Dog Bite Injury Claim?
To file a lawsuit after a dog bite injury, you should be able to establish that the injuries you suffered are the direct result of the dog bite. For instance, if a dog barked loudly at you, scared you, and you fell down, even though you might be injured, that would not be a dog bite case.
After establishing the cause of the injury, make a list of all current and future costs resulting from the injury to help calculate damages. These costs can include:
- Medical bills
- Lost wages
- Permanent scarring
- Rehabilitation
- Permanent disability
Once you have laid out approximate damages, gathering evidence to prove your claim is the next step in the process. You may even have to talk with an insurance provider. Collecting evidence proving the bite and the totality of the circumstances surrounding the bite can be persuasive. Pieces of evidence you may want to save can include:
- Photographs of the scene and injuries
- Medical bills or treatment descriptions
- Witness reports and their contact information
- With all of the information gathered, hiring a dog bite injury lawyer and filing a lawsuit can occur thereafter.
How do I Choose a Dog Bite Injury Lawyer?
The injury and accident attorneys and the professional staff at the CEO Lawyer Personal Injury Law Firm are ready to answer your questions and fight for you. Contact us today.