If you’ve been bitten by a dog, you may be wondering whether or not your injuries entitle you to sue the owner of the animal for damages. While it’s true that certain dogs are considered more dangerous than others, this is something else to consider when deciding if an owner can be sued. The reason is that there are several factors that may have contributed to the dog bite.
In most jurisdictions, a victim has to prove that an owner or keeper of a dog is negligent before he or she can recover compensatory damages
Definition of Negligence
Negligence has been defined as “conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.”
A person can be held liable for negligence even if he or she is not at fault or did not intend to cause any harm. The focus is on whether the defendant breached his duty to exercise reasonable care in light of all the circumstances. While this definition may seem straightforward, applying it in dog bite cases is rarely easy.
In general, the owner of a dog is liable for any injuries caused by the pet
Dangerous or Menacing Dogs
While some states hold that almost all dogs are “inherently dangerous,” many others focus on the behavior of the dog rather than its breed. The latter approach can result in an owner being found liable even if his or her dog doesn’t have a particularly vicious reputation.
In most states, there are three ways in which a dog can be considered dangerous or menacing:
1) It’s known to have a propensity to attack people without being provoked;
2) Its size, strength, and/or breed place it in “the same class as dogs commonly known to bite” humans;
3) The owner or keeper allowed it to run free and it attacked someone without provocation.
In some states, a dog owner can’t be held liable for injuries if he or she had no reason to believe the animal was likely to attack. This means you can sue even if the dog has never bitten anyone before, as long as it’s not considered familiar with people.
Courts have also applied a “one free bite” rule to some cases—meaning that an owner or keeper is typically not responsible for injuries caused by a dog who has never exhibited aggressive behavior. However, this may vary from state to state and even from one case to the next.
There’s generally no minimum injury threshold when it comes to dog bite cases. However, courts generally won’t compensate victims who were bitten while trying to injure or abuse the animal.
Hire a Personal Injury Lawyer for Dog Bite Damages
If you think you’re entitled to compensation and the owner of the animal can be held liable for damages, it’s a good idea to consult with a personal injury lawyer. A legal professional can advise you on your options and help you seek the maximum amount of compensation possible.…