A Comprehensive Guide to Dog Bite Law in 2024

A Comprehensive Guide to Dog Bite Law in 2024

Although dogs are cherished and wonderful companions, they can become dangerous when they attack and bite people. You can recover compensation if someone’s dog bites you. The compensation is for your pain and losses. 

This article provides insight into how and when to institute a dog bite claim and how to present evidence to achieve the desired outcome. 

Understanding a Dog Bite Lawsuit

A dog bite lawsuit is a legal claim filed by a victim against a dog owner whose pet caused injury through a bite. In addition to bites, victims may pursue legal action for other injuries caused by the animal. For example, if a dog chases you while you’re riding a bicycle and causes you to fall and sustain injuries, you may have grounds for a claim.

Dog bite lawsuits enable victims to hold dog owners accountable for their pets’ actions. Filing a claim seeks to compensate victims for the damages they have suffered due to the dog’s behavior.

Identifying the Responsible Party in a Dog Bite Lawsuit

Dog bite claims are typically filed against the dog’s owner. Owners often have insurance policies, such as renters, homeowners, or umbrella policies, that may provide coverage for these incidents.

Insurance companies frequently aim to settle claims out of court to avoid litigation. If the case goes to trial and the victim prevails, the insurer generally pays up to the policy limit. However, it’s important to note that accepting a settlement offer usually means forfeiting the right to file future claims related to the incident.

In some cases, parties other than the dog owner may be held responsible. For example, a landlord who was aware of a dangerous dog on their rental property but failed to address the risk could be held liable for an attack.

What to Prove in a Dog Bite Lawsuit

You must establish you had an injury from a dog, and the owner should be responsible for the resultant harm to receive compensation via a dog bite lawsuit. The rules in your state determine the specifics of what you must prove. For instance, some jurisdictions use strict liability while others are one-bite states. The latter requires a plaintiff to prove an owner had cause to know their animal was aggressive before they can be responsible for their dog’s behavior. 

The Law in One-Bite States

One-bite jurisdictions derive their name from a common law rule that states an owner could be responsible for a dog bite if they were aware or should have been aware of their dog’s aggressiveness toward others. It does not necessarily mean you can only hold an owner accountable if a dog bit you once before. 

An owner could be responsible if they were aware of any behavior that their dog could be violent, which they did nothing about until it injured someone. Such behaviors include fighting with other dogs, chasing people or bicyclists, a bite history, jumping up on people, growling or barking at people, and complaints from others concerning the dog’s behavior.

“It can be challenging to recover compensation if you are in a one-bite state and the owner denies knowing the dog’s aggressiveness before the bite incident. However, the denial does not stop you from filing the lawsuit. It is possible to receive compensation if you establish the owner was negligent in preventing the attack,” personal injury attorney Eric Doroshow of The Law Offices of Doroshow, Pasquale, Krawitz & Bhaya.

The Law in Strict Liability States

Many jurisdictions have displaced the one-bite rule and replaced it with a strict liability law. This statute imposes more liability on dog owners. 

Animal owners are responsible whenever their animal injures a person, not minding if there is a reason to believe the owner was negligent or the dog was violent in strict liability states. If you live in this jurisdiction, the law only requires you to prove that a dog injures you without provocation, leading to compensable losses. 

Criminal Liability for Dog Bite Cases

A dog bite lawsuit is a civil lawsuit. The authorities will award you financial compensation if you argue your case convincingly. However, the guilty party does not risk prison time or a criminal record. 

Dog owners could also face criminal charges in some contexts, especially if they knowingly harbored a violent dog that eventually attacked someone. The criminal lawsuit differs from the civil dog bite lawsuit. While it is individuals who institute civil lawsuits against dog owners, the state files criminal lawsuits against them to hold them criminally responsible. 

Compensation Available in a Dog Bite Lawsuit

Dog bites lead to severe or fatal injuries. The victim of a dog bite may need comprehensive medical treatment, including reconstructive surgery. If you or your loved one have been bitten by a dog, you have the right to receive compensation for your losses. 

The compensation for a dog bite includes medical expenses, pain and suffering from the incident, lost wages, and emotional distress. The compensation for medical bills should cover past, present, and anticipated treatment related to the attack. Also, you deserve compensation for lost wages in cases where the dog bite stopped you from going to work or could affect your future earning potential. 

You must establish the magnitude of your losses when instituting a dog bite lawsuit. To do this, you need an outstanding personal injury lawyer to help you collate evidence and prove the extent of your injury. 

Typical Defenses to a Dog Bite Lawsuit

Sometimes, the dog owner may want to defend themselves by claiming you were partly or wholly responsible for the incident. For instance, they may accuse you of trespassing on private property when the dog attacked you or suggest that your behavior provoked the dog. 

Your ability to recover maximum compensation will suffer a significant setback if the owner successfully proves you were partly or wholly responsible for the attack.

Sharing partial blame in a contributory negligence state can stop you from filing a claim against the dog owner. However,  you can still recover some compensation if your portion of blame does not exceed 49 or 50 percent. For instance, if the original worth of the case was $200,000 but you were 40 percent responsible for the attack, you can only recover $120,000. 

Steps to Take After a Dog Bite

It is crucial to get the animal owner’s name and contact details after a dog bite incident. You can also get their insurance details if they have any. 

You can report to the police so they can draft an official report on the incident, especially if you sustain severe injuries. The police report will be invaluable evidence during litigation. 

Seek immediate medical attention, most especially if there is a probability the dog has an infectious ailment. Do not delay medical treatment, as minor bites can require antibiotics to stop infection. You may also seek mental health treatment to stop the likelihood of post-traumatic stress disorder (PTSD) or other anxiety-triggered conditions. 

It is also crucial to contact a local dog bite lawyer to help you handle the legal burden of the incident. They can help you understand the extent of your losses and the options to explore for compensation. They can also help you negotiate a deserving settlement with the dog owner’s insurer or even represent you during litigation.