Dogs are often referred to as “man’s best friend,” and for a good reason. They provide companionship, loyalty, and a whole lot of love. However, there are instances when a friendly Fido can turn into a legal headache, as dog bites can result in personal injury suits.
The Prevalence of Dog Bites
Dog bites are more common than you might think. According to the Centers for Disease Control and Prevention (CDC), over 4.7 million people are bitten by dogs in the United States each year. While most of these incidents result in minor injuries, many require medical attention and can lead to personal injury suits.
Liability for Dog Bites
In the legal world, dog bites fall under the category of “strict liability.” This means that dog owners are typically held responsible for their pet’s actions, even if the dog has never bitten anyone before, and the owner wasn’t aware of any aggressive tendencies. The owner is liable if their dog bites someone, unless certain legal defenses can be proven.
Defenses Against Liability
While strict liability applies in most cases, there are a few defenses that dog owners can use to avoid being held responsible for a bite. These include:
- Trespassing: If the victim was trespassing on the owner’s property or committing a crime at the time of the bite, the owner may not be liable.
- Provocation: If the victim provoked the dog in some way, such as by teasing or tormenting it, the owner might not be held liable.
- Working Dogs: Some working dogs, like police or military dogs, are exempt from strict liability while performing their duties.
- No Injury: A personal injury suit is unlikely to succeed if the bite did not result in any injury.
Seeking Compensation
If you’re a victim of a dog bite, seeking compensation for your injuries is essential. Medical bills, lost wages, and pain and suffering are all common elements of a personal injury claim. Dog owners often have homeowners’ insurance that covers these types of incidents, so the compensation typically comes from their insurance company.
Taking Legal Action
To initiate a personal injury suit, you’ll need to follow these steps with a skilled personal injury Attorney San Diego:
- Seek Medical Attention: Your health is the top priority. Get medical help for your injuries immediately.
- Document the Incident: Take photos of your injuries, the dog, and the location where the bite occurred. Collect witness information if possible.
- Report the Incident: Inform local animal control and law enforcement about the incident.
- Contact an Attorney: Consult a personal injury attorney specializing in dog bite cases. They can help you navigate the legal process and advocate on your behalf.
While dogs are wonderful companions, being aware of the legal implications surrounding dog bites is essential. If you find yourself a victim of a dog bite, remember that you have the right to seek compensation for your injuries. Understanding the basics of liability, defenses, and the steps to take after a dog bite incident can make the process smoother and ensure you receive the compensation you deserve.
