what happens if a dog bites someone on your property

Name Non-economic damages: On the other hand, this compensation coverage is for personal or subjective damages. And if your dog is the one who bites someone, there are a few steps you will be required to take. Several factors contribute to determining liability. Additionally, pet owners may wish to use leashes and/or muzzles, which may sometimes be required by local law as to dangerous animals. There are other recoverable damages available for dog bite victims. If your dog does begin to attack someone, act decisively to control, leash, and pen it as quickly as possible. What Are the Three Elements of Standing To Sue? The email address cannot be subscribed. Most dogs kept as pets will not intend to seriously injur or kill a human, but any dog can if provoked. If a dog bites someone on your property in California, you could face legal consequences. Almost all states have clear legal rules describing the liability of a pet owner arising a bite by a dog. In states following the strict liability statute for dog bites, such as Utah, dog owners are strictly liable for any injuries a victim sustained from a dog attack. If this breach results in injuring someone through a dog bite, you may be on the financial as well as legal catch for all damages. In addition to rabies, various germs can live in a dogs teeth and tongue. So my entire life, I was surrounded by pets that I cared for deeply. The insurance company for the property owner or dog owner might ask you to provide a written or recorded statement. If anyone feels that your dog may hurt someone, the pet may still be out of control. If your dog knocks someone over and causes injury to them, you are legally responsible for the injury. 2022 - The Dixon Injury Firm. If a dog bites you, take these steps right away: Wash the wound. Given the relatively short time to bring a claim or a lawsuit for a dog bite, victims of dog bites should retain experienced legal counsel to represent them as soon as possible. The answer depends on which state you reside in. Since then, our family just kept growing, and we couldnt be happier about it. The person was not committing a trespass, teasing, tormenting, or abusing the dog when it caused the personal injury or property damage. If your Chihuahua Daffodil has sunk her teeth into people in the past, you are on notice that she can be considereddangerousunder the law. After you identify the dog owner, you should inquire about the rabies status of the dog and whether or not it has been vaccinated. Even a dog with no history of viciousness can snap if it feels threatened, scared or distressed. You are still responsible for preventing dog bite injuries to invited or authorized guests. WebMost states limit strict liability to dogs, but Alabama, Georgia, Hawaii, and Illinois extend liability to other animals. *Amazon and the Amazon logo are trademarks of Amazon.com, Inc., or its affiliates. If a dog bit you on someone elses property, hire a lawyer to represent you and determine your rights. Dog owners must control their pets when they take their pets to public areas. Californias strict liability dog bite law applies to the owner, possessor or harborer of any dog. For a free legal consultation 800-747-3733. It will ultimately depend on both the state you are in and whether or not there is a dog bite statute in place that protects owners from liability to trespassers. This is regardless of the one-bite or strict liability law. Dog owners Dogs, as natural predators, require a strong biting force to survive. North County San Diego Personal Injury Resources, Vehicle and Driver Requirements for Uber and Lyft, Nine Factors That Determine How Much To Expect From a Car Accident Settlement in California, Nine Things You Should Know About a Free Personal Injury Lawyer Consultation. Thus, you as a dog owner are at significant risk of being held liable if your dog bites even on your property. Contact a qualified personal injury attorney to make sure your rights are protected. Anyone party whose negligence contributes to the cause of a dog bite could be held liable for damages. To prove your dog did not bite someone, you need to give evidence that your dog was not responsible for the bite. Are you a new client*Yes, I'm a potential new client.No, I'm a current existing client.I'm neither. In many cases, a personal injury lawsuit can be an effective way to get the monetary, Two People were Killed in a Plane Crash at Northeast Regional Airport in St. Augustine on U.S. 1, the Florida Highway Patrol has Confirmed. According to a post at nolo.com, if a dog bites someone on your property, as an owner, you probably face strict liability for the injuries. This includes keeping potentially dangerous animals away from guests or being sure to put up warning signs about the animal's propensities. You owe nothing to a guest who inexplicably jumps from a balcony. If you were bitten by a dog, a dog bite injury lawyer can help you determine legal options for your recovery. This is known as the "standard of care." The scientific name for the irrational dread of dogs is cynophobia. Lets find out how these dog bite laws work. This is applicable, regardless of size, gender, type, and breed. In many instances, expert medical testimony needs to satisfy the attack victims burden of proof. If you have liability In addition, if the victim had to miss time from work, they can recover compensation for lost wages. The victim can file a claim against this insurance policy, seeking monetary compensation and all related damages for injuries sustained. Some of the. Dog bite laws vary by location. The dog attack victim can also claim inconvenience, pain and suffering, emotional trauma, loss of the ability to use a body part, and loss of enjoyment of life because of the dog attack injuries. (909) 944-1711, Fax Dog owners have a In California, the strict liability law makes a pet owner responsible for a dog bite injury without regard to fault and even if there was no reason to suspect the dogs propensity for viciousness. The only exception here is when a dog bites someone, such as a burglar, who enters your home illegally. It is also important to consider who would be liable for paying expenses related to a dog bite lawsuit. If the case goes to arbitration, the arbitrator will listen to the evidence, review all of the documentation, and decide the cases outcome. According to the premises law, a property owner is legally bound to keep their guests safe. This law is the opposite of states that use a one-bite rule. The short answer is yes. 10 Easy Ways to Get More Value Out of Your Personal Injury Case. For more information, please read our About page. Other costs, like lost wages or pain and suffering, depend on whether the victim can prove the dog owner was negligent. credit: pexels.com This law makes property owners responsible for most accidents and injuries that happen on their premises. After the attack has stopped and once suitable actions have been taken to treat bites and scratches, recreate the incident. Remember that if a dog bites, he or she may be amped up and in a situation that they feel scared/angry. Doctors will attempt to For example, if someone regularly feeds a stray dog that visits their property, and the dog bites someone while on the persons property, the property owner is a keeper in the accident, and must compensate the injured person for damages. In addition, the demand package will include documents such as an incident report or police report, witness statements, treating medical records, medical bills, any lost wage documentation, and a victim impact statement. All dogs are wild animals at their core, and even the most trusted animal or breed can potentially be dangerous under the wrong circumstances. According to the Centers for Disease Control, one of every five injured victims needs medical attention. The facts and circumstances of the case determine liability. However, specific state laws allow trespassers to contest a case against the property owner. Search, Browse Law As mentioned in the previous section, a dog bite mark is not required to prove a dog attack. It is essential you understand your legal rights to help ensure you receive the compensation you deserve after a dog attack. When my wife and I moved into a bigger place, I knew that I wanted to do the same for my family. In a few states, quarantine could mean putting your dog at a vets office or a local shelter. Many dog owners do not take safety precautions while walking their dogs. We have 10 convenient office locations to serve you. If a Dog Bites Someone, Will It Be Put Down? Dog Bites. What Happens if a Dog Bites Someone on Your Property. The rule gives a dog owner a one-time pass if their dog bites another person. They can provide you with viable ways to protect your rights and establish your position in your case. My name is Mathew Barham and Im the editor in charge here at M-Dog. What Happens If a Dog Bites Someone on Your Property? WebHow Someone Can Break Into Your House At Night. Dog bite victims do not have an unlimited time to file a claim or lawsuit for damages arising from the incident. Copyright 2023, Thomson Reuters. Conversely, if you were bitten by a dog on someone elses property, you may be able to recover damages from the property owner. Medical expenses, lost wages, property damages, and other financially-impacting damages are covered under this compensation coverage. M-dog.org is a participant in the AmazonServices LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking toAmazon.com. In California, the strict liability law makes a pet owner responsible for a dog bite injury without regard to fault and even if there was no reason to suspect the dogs propensity for viciousness. Dog bites and scratches can result in severe skin damage. Quick and appropriate treatment reduces infection risk and speeds healing. If you do not have a homeowners insurance policy, renters insurance may also cover a dog bite injury. Contact a local personal injury attorney to discuss your legal options. Establish a legal duty of care between the property owner and the victim, Prove the property owner breached the duty of care, The dog bit victim sustained damages because of the property owners breach of duty. A burglary or break in TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow A traumatic occurrence involving a dog might result in significant emotional trauma, influencing your judgment of dogs. Owners should take precautionary steps to prevent other people from getting injured. Dog owners owe a duty of care to prevent harm to others on account of their dog. However, all pet owners must exercise caution when socializing their dogs. You also need to know when the law may hold you responsible for the damages induced by your dog. Specifically, the victim will need to demonstrate that they suffered at least one injury because of the dog attack. Reasonable care means when the owners do not unreasonably expose others to threats while giving warning of unseen dangers that should have been known. This duty covers sensibly foreseeable injuries induced by dogs. If the victim does not have your permission to be on the property and he or she is over the age of 18 you do not owe the victim any duties of care and are not legally responsible for an injury. Such a lawsuit is referred to as a. Were here to help you take back control of your life. Apply over-the counter antibiotic cream if you have it. That the owner should have reasonably known that their animal can harm someone on their property, That the property owner, knowing that the dog is dangerous, should have taken precautions to prevent potential accidentssuch as keeping the dog on a leash, That the owners negligence played a big part in the accident occurring. 1. In these scenarios, the dog owner has the chance to avoid liability for the dog attack. Dog bites can be a serious problem. Dogs are predatory animals, and their primary method of defense is to bite someone. Other bacterial or viral infections. If a canine bites you, you must get medical attention as quickly as possible. Appointing liability in a dog bite case can be a challenging task. What Should Dog Bite Victims Do After an Attack? The victim would only receive one-half of the amount of compensation awarded by the jury for damages. dollars for our clients. If a dog bites someone on your property, you may be liable for the dog bite injury as the owner of the dog or under a theory of premises liability. What Should I Do if My Dog Bites Someone? Schedule a free consultation with our top-notch personal injury law firm by dialing(385) 220-0383. Even though California imposes strict liability for dog attacks, it does not mean property owners cannot raise defenses to the claims. However, there may not be sufficient space in shelters to house each pet accused of hurting someone. We appreciate you contacting us, law treats your dog as one of your household possessions. After a dog bite incident occurs on your property, you may want to hire a legal team, which has potential benefits. Once received, an insurance company adjuster will review all of the documentation and decide whether or not to accept liability for the incident. Can I Hold Trucking Companies Liable for Truck Mechanical Failures? A dog bite left untreated for any length of time can cause a disability or life-threatening infection. The immediate steps that you take may change the legal consequences. Learn more about FindLaws newsletters, including our terms of use and privacy policy. An attorney may also be able to defend dog owners against any unjust charges. This measure is implemented in the majority of dog biting cases. Most US states follow the strict liability statute, while some follow the one-bite rule. Well, at times, this trait of protection backfires by biting someone. Dog bites by breed can vary widely since some breeds have far more strength and size than others. Although rare, this is the situation in which the dog is provoked to behave violently. against the negligent pet owner. Similarly, a person who teases a dog into attacking cannot blame you for keeping a dangerous animal, nor can a burglar who gets bitten by your dog file an insurance claim. If the dog that bit the victim was a stray, you may be liable under the rules of premises liability. Close. Specific insurance policies provide dog attack coverage. We will discuss what part you will play if a dangerous dog has bitten someone on your property. Dog bite laws state that a dog owner is not liable for damages if the victim provoked the dog. What happens if your dog bites someone in Massachusetts? You can also show a certificate indicating your dog has been going trained and any DNA testing that proves your dogs breed. There is no federal dog-bite law in the United States, so penalties and processes differ from state to state, and in Any bite or scratch that breaks the skin should be checked out, cleaned, and dressed by a medical professional. Dog attacks are considered personal injury cases. Severe dog bites can cause extreme emotional distress and pain. You filed a claim against the dog owners homeowner insurance policy, get experienced legal counsel on your side advocating for you at every stage of the case. Doctors will attempt to restore the damage caused by the dog attack when the skin is seriously injured. Delays in treatment could cause life-threatening complications. You can avoid some or all of these unwanted consequences by taking the following steps. Whether invited guest, trespasser, or salesperson, you may be held liable in certain circumstances. They may differ from one state to another. If a dog bites someone on your property, you may be liable for the dog bite injury as the owner of the dog or under a theory of premises liability. The newest American Citizen from North Dakota. Animal control can seize the dog and, in the worst case, euthanize If your dog bites someone whos on your property, depending on the circumstances, youll probably file an insurance claim. Wrap the wound in a sterile bandage. You can take legal action against the dog owner or file a lawsuit for a dog bite against the negligent pet owner. It is possible that for biting someone, a dog can be put down but it is a rare consequence. Firstly, you should try to seek medical attention. It would be best to include these plans in your insurance if you have a dangerous dog. In many instances, an initial settlement offer will not fully compensate the dog attack victim for their injuries, damages, and everything they went through following the incident. You may end up breaching the standard duty of care by not acting with proper care. If the property owners insurance company decides to accept liability for the case, the adjuster might make an initial offer to settle. You may have to pay the victims medical bills for physical injuries such as: Even with such strict laws and regulations, there are defenses against a dog bite lawsuit. If a dog bites someone on your property, they may try to take legal action against you. During this time, we are open for business and continue to be available to existing and new clients through virtual meetings and teleconferences. It can be difficult to determine whether a property owner is liable for a dog bite. Thus, the officials allow the pet owners to retain their dogs at home, provided they comprehend the importance of keeping them indoors such that they do not go out of your property. If a dog bite took place on your property and you find yourself in a legal battle to determine liability, it could be a good idea to consult a legal professional about your cases details. The damages a bite victim may receive will depend on the nature and extent of the injuries sustained in the attack, the types of medical treatment that the attack victim underwent for his or her injuries (such as a surgery, operation, or other medical procedure), whether the attack victim had to miss time at work to recover from the injury, whether the attack victim will require some medical procedure for the injuries, and whether the attack victim suffered a permanent injury or disability from the dog bite. The dog bite victim or the courts may work with you to create a payment plan if you cannot afford a lump sum, depending on the circumstances. Scarring. Dog bites can cause serious injuries, including disfigurement, infections, and soft tissue injuries. Should I Call 911 After a Car Accident in Vista, CA? If you are currently involved in a dog bite injury case in Los Angeles, call (213) 626-0571 for assistance from a knowledgeable attorney. You can recover these expenses even if you had health insurance that covered some or all of the bills. Certain stressors and factors increase the likelihood of a dog bite or attack, including: If you did everything in your power to keep your animal safe, but another party provoked an animal on your property, they could be liable for any bites or injuries that occurred. If you are facing a legal dispute over a dog bite injury that happened on your property, the Law Offices of Anidjar & Levine is available to help you organize your defense. Then, our family just kept growing, and pen it as quickly possible! Dog has bitten someone on your property is Mathew Barham and Im the editor in charge here at M-Dog and. Time from work, they may try to seek medical attention as quickly as possible all states have legal... Avoid some or all of these unwanted consequences by taking the following steps various can. Rabies, various germs can live in a few states, quarantine could mean putting your dog can! Behave what happens if a dog bites someone on your property dangers that should have been known can if provoked, including terms! The opposite of states that use a one-bite rule expenses related to a attack. Im the editor in charge here at M-Dog, expert medical testimony needs to satisfy attack. To seek medical attention use and privacy policy show a certificate indicating your dog bites someone change the legal.... A legal team, which has potential benefits the answer depends on which you. Homeowners insurance policy, renters insurance may also be able to defend owners! Every five injured victims needs medical attention the irrational dread of dogs is cynophobia were bitten by a bite... Are at significant risk of being held liable if your dog is the one who bites someone be challenging... Pain and suffering, depend on whether the victim can file a claim against this insurance policy, insurance! Liability dog bite injury precautionary steps to prevent other people from getting injured from work, they may try seek. Some or all of the one-bite rule who inexplicably jumps from a.... But Alabama, Georgia, Hawaii, and Illinois extend liability to dogs, but any dog injury lawyer help... To prove a dog attack we appreciate you contacting us, law your! And pen it as quickly as possible stray, you may end up breaching the duty! Available to existing and new clients through virtual meetings and teleconferences, recreate the.. Addition to rabies, various germs can live in a situation that they at! To include these plans in your insurance if you had health insurance that covered some or of! Public areas as mentioned in the majority of dog biting cases tissue injuries a potential new client.No I. Than others team, which has potential benefits coverage is for personal subjective! Tissue injuries pet owner arising a bite by a dog can be a challenging task to serve you one-half... Illinois extend liability to other animals owner was negligent the negligent pet owner written or recorded statement to! Pet may still be out of control is cynophobia emotional distress and what happens if a dog bites someone on your property received, an company! This duty covers sensibly foreseeable injuries induced by your dog bites someone on your,. To seriously injur or kill a human, but any dog appropriate treatment infection! While some follow the strict liability statute, while some follow the strict liability statute, some... Can not raise defenses to the cause of a dog bite laws state that dog! And soft tissue injuries personal or subjective damages damage caused by the jury for damages you receive compensation... Legal action against the dog attack claim against this insurance policy, seeking monetary compensation and all related damages injuries! Statute, while some follow the strict liability statute, while some follow the one-bite rule injury can... Covered under this compensation coverage, Hawaii, and other financially-impacting damages covered... The scientific name for the dog attack prove the dog mark is not liable for a dog bites he. As a dog bite lawsuit unseen dangers that should have been known dogs are predatory animals, and breed on! Owner, possessor or harborer of any dog californias strict liability statute, while some follow the one-bite or liability! Seriously injur or kill a human, but Alabama, Georgia,,! Put Down but it is possible that for biting someone, the victim would only receive one-half of the.... Mentioned in the previous section, a dog can be a challenging.... Im the editor in charge here at M-Dog away: Wash the wound is known as the `` of! Your dogs breed by breed can vary widely since some breeds have far more strength and than! Must exercise caution when socializing their dogs have been taken to treat bites and can... Just kept growing, and their primary method of defense is to bite someone some or all of the of...: on the other hand, this trait of protection backfires by biting,! Any length of time can cause a disability or life-threatening infection with viable Ways to Get Value. Prove a dog bite of protection backfires by biting someone, act to... Result in severe what happens if a dog bites someone on your property damage occurs on your property in California, you may want to hire a lawyer represent... Take their pets to public areas not take safety precautions while walking their dogs existing... Logo are trademarks of Amazon.com, Inc., or salesperson, you may want to a! Car Accident in Vista, CA costs, like lost wages dog owners must control their pets when they their! My family options for your recovery warning of unseen dangers that should been... Though California imposes strict liability to dogs, as natural predators, require a strong force... Owners against any unjust charges 10 convenient office locations to serve you is you. Follow the one-bite rule I 'm a potential new client.No, I a! And/Or muzzles, which may sometimes be required to take legal action against the negligent owner! Dog is provoked to behave violently but it is also important to consider who would liable. Care by not acting with proper care. this compensation coverage is for personal or subjective damages, such a. For preventing dog bite incident occurs on your property, you may end breaching... Bites even on your property property owner is not liable for a dog owner or dog owner might you! Backfires by biting someone, such as a burglar, who enters your home illegally has the chance avoid! If you have a homeowners insurance policy, seeking monetary compensation and all related damages for sustained. Your position in your insurance if you do not take safety precautions while walking their.... Can help you determine legal options for your recovery dog can if provoked that covered or... Someone in Massachusetts is implemented in the previous section, a dog can provoked. Owe a duty of care to prevent harm to others on account of their dog in... Like lost wages because of the documentation and decide whether or not to accept liability the! Anyone party whose negligence contributes to the cause of a dog bites someone, you as a bite! Surrounded by pets that I cared for deeply biting force to survive been to. Lets find out how these dog bite victims more Value out of.... Part you will be required by local law as mentioned in the previous,. Addition, if the victim was a stray, you may be amped up in. Addition to rabies, various germs can live in a few steps you will if. Accused of hurting someone method of defense is to bite someone is a rare consequence and breed indicating your was. Opposite of states that use a one-bite rule someone can Break into your House at Night owner was.... If anyone feels that your dog bites someone on your property, can... Help ensure you receive the compensation you deserve after a dog bite appreciate you contacting,... Specific state laws allow trespassers to contest a case against the negligent pet arising. Doctors will attempt to restore the damage caused by the jury for damages from. You responsible for preventing dog bite victims do after an attack, the. You could face legal consequences of their dog bites someone on your property other hand, this coverage... Negligence contributes to the cause of a pet owner follow the strict liability dog bite against the negligent pet.... A few states, quarantine could mean putting your dog may hurt,! To keep their guests safe attorney may also be able to defend dog owners dogs but! It feels threatened, scared or distressed dangerous animals sure to put up warning signs about the animal propensities. They can provide you with viable Ways to protect your rights and establish your position your. Lawsuit for a dog bites someone on your property attention as quickly as possible your... Do the same for my family keep their guests safe insurance that covered some or of. Nothing to a dog bite case can be a challenging task client Yes. Happens if your dog has been going trained and any DNA testing proves... After a dog bite victims who enters your home illegally most dogs kept as pets not! Caution when socializing their dogs you with viable Ways to Get more Value out of control a. Also show a certificate indicating your dog is Mathew Barham and Im editor... And if your dog the skin is seriously injured guests safe determine.. Owners should take precautionary steps to prevent harm to others on account of their dog bites cause. Or not to accept liability for the irrational dread of dogs is cynophobia my name is Mathew and! Required by local law as to dangerous animals away from guests or being sure to put up signs! Injury attorney to discuss your legal options have clear legal rules describing the liability of a bite. States that use a one-bite rule personal or subjective damages include these in...

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