Insight

Seeking Help from a Dog Bite Attorney

When is the dog's owner responsible for your injury, and what might that win you in court?

Can I Sue if a Dog Bites Me?

Sophia Wright

July 26, 2018 01:00 PM

With a global stray dog population on the rise, the number of people bitten and attacked by dogs—stray or otherwise—has likewise increased in past few years. Some statistics report that more than 4.5 million people are the victims of dog bites each year in the United States. Of those, more than 6,000 are hospitalized for their injuries.

In the event of a bite, the dog’s owner is legally responsible to pay your medical expenses—assuming the incident occurred due to his or her neglect. An attorney specializing in these cases can help speed up the proceedings and will assist you in collecting the needful proof in support of your claim for damages and reimbursement. Moreover, an attorney can help you to better understand how the law relates to these particular injuries. Here are three steps to take with your attorney following a bite.

Read up on state laws

State laws vary, and so your legal protection (and what you can expect from proceedings) will likewise change from one place to the next. A local attorney practicing in your area will inform you of what the law is in the location in which you reside or were bitten. New Jersey, for example, has a “strict liability” law: In those cases, a dog’s owner need not have known the dog to be aggressive to be liable for its actions. In Nebraska, Tennessee, Washington, and other states, there are limits as to whether an owner might be liable for injury, including whether the dog was provoked, if the dog was sick with rabies, if the victim was trespassing, and if the dog was a law enforcement dog.

Still, there are points of consistency from one state to the next. Generally, it is essential for the victim to prove that the owner was neglecting his animal or that the accident occurred due to negligence on the part of the owner. An attorney with an understanding of animal control laws would offer valuable advice as far as how those laws could prove negligence—and in that way ensure proper payment for your medical treatment.

Know the gravity of your case

Some people take dog bite incidents lightly. In fact, even what seem like minor injuries—again, depending on your state—can be actionable and hold up in court. Even if the bite did not break the skin, a significant bruise or a lasting scar are grounds for damages. An attorney can help with the investigation and gather evidence following the bite.

Assuming your state does not have a strict liability law, your attorney might first investigate whether the dog owner knew his pet was dangerous. If the owner knew and despite that knowledge did not take the necessary steps to prevent the attack, this could be considered negligence. An investigation might also uncover whether this was the dog’s first aggressive action towards a human. If the victim was the second person the dog bit, and the owner was aware of the first, he can easily manage to claim for damages and reimbursement.

Use the facts you’ve gathered

Legal procedures are always based on evidence. You may not get any compensation if you failed to produce evidence, no matter the extent of your injuries or your certainty of the other party’s guilt.

Just as you might seek help from counsel, the owner of the dog may also enlist an attorney. The concerned owner might claim that the victim lured the dog, or point the judge’s attention to a “beware of dog” sign on their property. Solid evidence is the only way to be sure your case will hold up upon examination. Acting quickly, and with a reliable attorney, provides the best path forward for you should you need compensation to pay for medical bills after this injury.

--------------

Sophia Wright is a professional legal writer worked with many companies. She is currently associated with West Coast Trial Lawyers in Los Angeles.

Related Articles

Claims on a Canine


by Lawrence J. Buckfire

Which factors will most influence the settlement amount in a case involving a dog attack? Here’s an overview.

Compensation for Dog Bite Victims

Trending Articles

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky

Best Lawyers Expands Chilean 2024 Awards


by Best Lawyers

Best Lawyers is pleased to announce the 14th edition of The Best Lawyers in Chile™ and the inaugural edition of Best Lawyers: Ones to Watch in Chile™, honoring the top lawyers and firms conferred on by their Chilean peers.

Landscape of city in Chile

Best Lawyers Expands 2024 Brazilian Awards


by Best Lawyers

Best Lawyers is honored to announce the 14th edition of The Best Lawyers in Brazil™ and the first edition of Best Lawyers: Ones to Watch in Brazil™.

Image of Brazil city and water from sky

Announcing The Best Lawyers in South Africa™ 2024


by Best Lawyers

Best Lawyers is excited to announce the landmark 15th edition of The Best Lawyers in South Africa™ for 2024, including the exclusive "Law Firm of the Year" awards.

Sky view of South Africa town and waterways

The Best Lawyers in Mexico Celebrates a Milestone Year


by Best Lawyers

Best Lawyers is excited to announce the 15th edition of The Best Lawyers in Mexico™ and the second edition of Best Lawyers: Ones to Watch in Mexico™ for 2024.

Sky view of Mexico city scape

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

The Best Lawyers in Portugal™ 2024


by Best Lawyers

The 2024 awards for Portugal include the 14th edition of The Best Lawyers in Portugal™ and 2nd edition of Best Lawyers: Ones to Watch in Portugal™.

City and beach with green water and blue sky

The Best Lawyers in Peru™ 2024


by Best Lawyers

Best Lawyers is excited to announce the landmark 10th edition of The Best Lawyers in Peru, the prestigious award recognizing the country's lop legal talent.

Landscape of Peru city with cliffside and ocean

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

Presenting the 2024 Best Lawyers Family Law Legal Guide


by Best Lawyers

The 2024 Best Lawyers Family Law Legal Guide is now live and includes recognitions for all Best Lawyers family law awards. Read below and explore the legal guide.

Man entering home and hugging two children in doorway

The Best Lawyers in Colombia™ 2024


by Best Lawyers

Best Lawyers is honored to announce the 14th edition of The Best Lawyers in Colombia™ for 2024, which honors Colombia's most esteemed lawyers and law firms.

Cityscape of Colombia with blue cloudy sky above

Announcing the 2024 Best Lawyers in Puerto Rico™


by Best Lawyers

Best Lawyers is proud to announce the 11th edition of The Best Lawyers in Puerto Rico™, honoring the top lawyers and firms across the country for 2024.

View of Puerto Rico city from the ocean

Canada Makes First Foray Into AI Regulation


by Sara Collin

As Artificial Intelligence continues to rise in use and popularity, many countries are working to ensure proper regulation. Canada has just made its first foray into AI regulation.

People standing in front of large, green pixelated image of buildings

Commingling Assets


by Tamires M. Oliveira

Commingling alone does not automatically turn an otherwise immune asset into an asset subject to marital distribution as explained by one family law lawyer.

Toy house and figure of married couple standing on stacks of coins

How To Check a Lawyer's Reputation


by Best Lawyers

If you find yourself facing legal issues, researching and hiring a lawyer with a solid track record and high level of credibility can make all the difference.

Figure holding a magnify glass over digital profile

What Is a Retainer Fee for a Lawyer?


by Best Lawyers

In this article, Best Lawyers breaks down exactly what a retainer fee is, why lawyers utilize them and what clients should expect when seeking legal guidance.

Two animated hands exchange money and contracts