Thousands of people require medical attention every year after being bitten or attacked by dogs. If you have been injured by a dog bite, you have rights. Contact an attorney to discuss the potential of obtaining compensation for your injuries. A personal injury lawyer experienced in dog bite cases, like those at Friedl Richardson in Phoenix, Arizona, can evaluate your claim and explain your rights.
Dog Bite Statutes
In response to news stories of vicious dog attacks and growing public concern over dog bites, many states have enacted dog bite statutes. These laws generally provide that an owner is liable for any injury caused by his or her dog to another person while in a public place or while lawfully in a private place, such as the owner’s property. The injured person is not required to prove that the owner knew the dog was dangerous or had injured someone before. If the defendant is the owner of the dog and the dog caused the injury, then the owner is liable. Many of these statutes also provide defenses to a dog owner, such as trespassing or assumption of the risk, which can bar recovery by the plaintiff.
Strict Liability
In states without dog bite statutes, the majority rule is strict liability. In order to prove that the owner is liable for the injury caused by his or her dog, the plaintiff must show that the owner knew or should have known about the dangerous propensities of the dog. Dangerous propensities include any type of behavior or characteristic of the dog that would put a reasonable person on notice that the animal could injure someone, such as chasing or jumping on strangers.
To prove dangerous propensities, the dog did not have to bite someone previously. Knowledge can be constructive – like the owner received past complaints about the dog’s behavior, or the dog had a general reputation in the neighborhood for mischievousness.
Negligence
A minority of states follow the negligence rule. In these states, the injured person must show that the dog owner failed to exercise reasonable care to prevent foreseeable injuries caused by his or her dog and because of this failure, the plaintiff suffered injury.
Even if the dog had never shown dangerous propensities before, the owner is imputed with knowledge of the general propensities of that type of dog, including how the dog is likely to react in certain situations. Some ways that an owner may have failed to exercise reasonable care include failing to restrain or confine the animal or failing to give verbal warnings or post warning signs.
If the person wasn’t injured by direct contact from the dog, such as a bite, it is more difficult to prove that the owner’s negligence caused the injury.
Conclusion
To find out whether your state has a specific dog bite statute or follows a strict liability or negligence rule, consult an attorney from Friedl Richardson in Phoenix, Arizona. A lawyer experienced in dog bite cases can evaluate the strength of your claim.
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