Even though dog bites are common, dog owners are not excused from liability for the victim's injuries. Depending on several factors, you might be able to take legal action against a dog owner if you suffered injuries. Before meeting with the dog's owner to discuss compensation, here is what you need to know.
Are Dog Owners Automatically Liable?
Whether or not a dog owner is automatically assigned liability for a dog bite depends largely on the circumstances and your state's laws. Some states believe that dog owners have an obligation to know that their dogs are likely to bite someone and should do everything to prevent this from occurring. For instance, if a dog had previously attacked another dog, this could be an indication that the dog is prone to attacking others. As such, the owner should have taken precautions to ensure the safety of others.
However, there are some instances in which a dog's owner would not be liable. Some states take into account the actions of the victim. If you did something to provoke the dog or trespassed onto the property of the owner and suffered a bite, there is a chance that your claim would not get far. For instance, if you were throwing rocks at the dog and it bit you, this would be considered provocation and you would likely lose your case.
Even if you are able to prove that the dog owner is responsible for the actions of his or her dog, you still have to prove you suffered injuries.
Why Do You Have to Prove Injuries?
Outside of the fact that you need to prove injuries to help calculate what you are owed for them, you also have to prove them just to have a case. In personal injury cases, unless you suffer an actual injury or damage that results from the dog bite, you might not have a case. For instance, if the dog did bite you but the skin was not broken, the owner could argue that you were not really injured. As a result, you could have trouble recovering damages in your case.
The best way to judge whether or not your state's laws and the dog biting incident warrant taking legal action is to talk to an experienced personal injury attorney like Leen and Emery. The attorney can even go through your options with you and negotiate a settlement with the dog's owner if possible.
