Many people love their dogs. They’re considered a man’s best friend. Sometimes dogs act out and attack/bite you either purposely or unpurposely. Either way, it’s scary when this kind of thing happens. Any dog may bite no matter the size or breed. It can happen unexpectedly. It does happen more often than you’d think. It’s crucial to know what happens after a dog bites/attacks you. You should also know how statue and liability work in this scenario as well as defenses owners may use against your claim.
What happens to the dog?
After a dog has bitten someone, then the dog must be quarantined. If the dog was vaccinated, then they are confined and quarantined, upon the request of the owner, in their home or another approved site. This means the dog couldn’t be outside on a leash for example. When the dog is unvaccinated, then different rules are at hand. They are still confined and quarantined but at the pound or veterinarian. The dog is kept for 10 days and the owner is responsible for the costs of confinement.
Statue & Liability
In order to hold the owner liable for your injury, you must prove that first your injury was caused by the dog bite. You must prove that the bite had taken place in a public place or you were lawfully present on private property. For example, if a mailman were delivering mail and got bit by the owners dog, they could sue because they were lawfully present on the property. Dog attacks work slightly different in the law. You must show that the owner failed to use “reasonable care” when trying to prevent the injury. For example, if a dog jumped on you at a park and caused you injury, then you would have to prove that owner did nothing to try to prevent it like calling it’s name or yanking it’s leash. Dog bites are under the “strict liability” law. This means that even if the dog has never bitten someone before or if the owner did not know the dog was going to bite, then the owner is still held responsible.
Defenses Against Your Claim
Although dog bites are under the strict liability law, the owners still may have a case for defense. The first being provocation. This means if you make actions toward a dog that a reasonable person would think would provoke the dog, then you likely won’t win your claim. An example of this would be if you repeatedly kicked a dog and they bit your leg as a result. Another defense owners may make is that the victim was trespassing. This is when you are unlawfully on private property. An example of this would be if a door to door salesman came onto the owners property and got bit by the dog.
Getting bit or attacked by a dog is a situation no one would like to be in. It’s nothing you would’ve or could’ve prepared for. In most cases the owner is liable for it. Now you have to suffer as a result of their animal. You need an expert on dog attacks by your side. A Phoenix personal injury lawyer from Lorona Mead may be able to get you the compensation you deserve. Call them today at 602-554-0006 if you are a new client or 602-385-6825 if you are an existing client. Or simply fill out this contact form.