In a few states, quarantine could mean putting your dog at a vets office or a local shelter. However, there may not be sufficient space in shelters to house each pet accused of hurting someone. Copyright 2023, Thomson Reuters. In some states, the law is such that the court may order to quarantine your dog. It is the responsibility of a dog owner to control their dog, including confining and restraining them. Liability for Dog Owners in Dog Bite Cases, Duty of Care Under Premises Liability Laws, If Your Dog Has a History of Being Dangerous, Injuries Caused by a Dog That Bites on Your Property, Damages That a Dog Bite Victim Can Recover. Anyone party whose negligence contributes to the cause of a dog bite could be held liable for damages. These are one bite law, strict liability law, and negligence law. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. One of the main reasons to rear dogs as pets is to ensure protection from unwanted people on the property. Below you'll learn about the different scenarios in a dog bite lawsuit involving an incident on your property; this article also contains a brief primer on whether yourhomeowner's or renter's insurancewill cover the alleged damages. This duty covers sensibly foreseeable injuries induced by dogs. WebHow Someone Can Break Into Your House At Night. When a person enters your property they have a reasonable expectation they will not be injured. Understand The Danger Of Citrus For Dogs, The Truth Behind Where Do Dogs Go When They Die, Will Bobcats Attack Dogs? Find out when you are and are not responsible for a dog bite injury on your property. The victim will simply sign a release that states that they will not file a claim or lawsuit at any point in the future arising from the same incident. Im currently based in Northampton, Pennsylvania, where I live with my beautiful wife, two amazing kids, and four rowdy rescue dogs. What Can Families Do After a Trucking Accident Fatality? Therefore, a negligent property owner could be held liable if a dog bites someone on their property. 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. It is taken only in extreme situations. In Philadelphia, if you have been a victim of a severe dog bite then you can seek compensation for your pain, suffering, medical expenses, and lost income. What happens if a dog bites someone [] The scientific name for the irrational dread of dogs is cynophobia. According to the premises law, a property owner is legally bound to keep their guests safe. A dog attack can happen when you least expect it. You must compile all necessary evidence and present it before the court. Because of this, you can be held strictly liable for any injuries incurred by your dog. Once you accept a settlement offer, then you will not have the chance to receive any compensation in the future. You can take. However, specific state laws allow trespassers to contest a case against the property owner. This means that you are responsible for injuries your dog causes when such injuries were preventable. As the data suggests, dog bites are more common than you might expect. They should not be the one to deal with the legal implications of an event that is difficult or even traumatic. For the bite, you must properly rinse the wound with water and apply antibacterial medication. Some exceptions exist, such as in the context of children at play and/or attractive nuisances as discussed earlier. | Last updated October 31, 2022. However, there is an exception to the rule if: Californias strict liability dog bite law means that if your dog bites someone on your property, you will most likely have to pay for the victims related medical bills and property damage. The only exception here is when a dog bites someone, such as a burglar, who enters your home illegally. Many dog owners do not take safety precautions while walking their dogs. They should also take necessary precautions to prevent injury. Most US states do not follow the one-bite rule. The penalties for more serious dog bites or attacks include unlimited fines, prison sentences, confiscation orders and permanent bans on dog ownership. If the defendant could provide evidence that the dog was teased, attacked, or tempted to attack, the court can let them off the hook. On the other hand, in states implementing the one-bite rule for dog bites, the dog owner can only be held liable if they knew or should have known their canines dangerous or vicious behavior, which has been shown in the past. When Is a Dogs Owner Liable for Biting Me? Answering this question is easier when you first understand what can happen. Related Topic: 6 (Easy) Ways On How To Remove Stains From White Dog Fur. The first thing we should look at in a dog bite case on your property ispremises liability. If the injured person can show the owner's negligence or failure to use reasonable care in restraining the dog or warning of the dog's dangerous propensities (e.g. 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. Simply put, a person is not lawfully in a private place if they are trespassing, attempting to commit a burglary, or other criminal offense. This field is for validation purposes and should be left unchanged. 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. You should not accuse or argue with the wounded person. Both can be important if a report is filed. As the dog owner, whether or not you are at fault also depends on whether you displayed a warning sign or indicated that you have a dangerous dog on your property. If a Dog Bites Someone, Will It Be Put Down? 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. If a dog bites someone on your property in California, you could face legal consequences. There is no federal dog-bite law in the United States, so penalties and processes differ from state to state, and in Dog attacks are considered personal injury cases. Dogs, as natural predators, require a strong biting force to survive. Additionally, proving that a person was on your property without your knowledge or permission will also mitigate your responsibility in any dog bite incidents. Regardless of why your dog bit someone, you may need to fight city or county officials to keep possession of your pet. According to pethelpful.com, the number of dog bites in the U.S. alone is in millions; dogs attack around 4.5 million people each year. Apply over-the counter antibiotic cream if you have it. My name is Mathew Barham and Im the editor in charge here at M-Dog. After a dog bites, you must take some additional steps for your safety. The rule gives a dog owner a one-time pass if their dog bites another person. The sooner an attack ends, the less harm the person being bitten will suffer. According to the states premises law, property owners can only be held liable if they intentionally commanded their pet to attack the trespasser. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); What Happens If a Dog Bites Someone on Your Property? All dogs are wild animals at their core, and even the most trusted animal or breed can potentially be dangerous under the wrong circumstances. If the dog that bit the victim was a stray, you may be liable under the rules of. Even if you were watching someone elses dog, you could still be held liable. A dog bite left untreated for any length of time can cause a disability or life-threatening infection. Almost all states have clear legal rules describing the liability of a pet owner arising a bite by a dog. In most situations, dog owners owe a duty of reasonable care to anyone lawfully on their property. If your Chihuahua Daffodil has sunk her teeth into people in the past, you are on notice that she can be considered dangerous under the law. Your dog roams free despite the local leash law. may try to negotiate with you and provide you with a settlement amount. You are negligent if: Depending on how the incident took place, your dog could be at risk. What Happens if a Dog Bites Someone on Your Property? We will discuss what part you will play if a dangerous dog has bitten someone on your property. Visit our attorney directory to find a lawyer near you who can help. If your dog knocks someone over and causes injury to them, you are legally responsible for the injury. Phone (562) 436-4696, Phone Some of the. Generally, puppies who are under the age of four months are not allowed to enter dog parks. The attack can occur on public property or when the victim is lawfully on private property. In some instances, the dog will knock the victim to the ground causing other injuries, including a head injury, broken bones, or a soft tissue sprain/strain. Once you accept a settlement offer, then you will not have the chance to receive any compensation in the future. Firms, How to Prove Fault in States Without Dog Bite Laws, Amended Complaint for Negligence and Wrongful Death, Complaint for Personal Injury - Slip and Fall, Negligence and Personal Injury Questionnaire, Emotional Distress, Privacy, and Dignitary Torts. When a dog attacks or bites a person on someone elses land, then, the property owners homeowner insurance policy may come into play. If you do not have a homeowners insurance policy, renters insurance may also cover a dog bite injury. For further assistance with a dog bite injury claim as the plaintiff or defendant , California has a strict liability dog bite law under. In dog bite cases the victim has the legal burden of proof. We have 10 convenient office locations to serve you. 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 How do I Know If My Neck Injury Is Serious? If your dog happens to bite someone in a public place, then you can be responsible for the injury. What Should I Do if My Dog Bites Someone? Californias strict liability dog bite law applies to the owner, possessor or harborer of any dog. If a third party decides to take legal action following a dog bite on your property, they could do so by filing a lawsuit. You may find it shocking to know that the law in a minority of states actually allows trespassers who are bitten by your dog on your property to bring a lawsuit, but this is only true if an animal owner has acted unreasonably under the circumstances or created anattractive nuisancethat has resulted in harm to children. Can I Hold Trucking Companies Liable for Truck Mechanical Failures? 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. For example, if someone knows that their Pit Bull is aggressive towards strangers and that the child next door often cuts through the backyard to get to a friends house, the owner of the dog should take precautionary measures to prevent a possible accident. They may differ from one state to another. The demand package will consist of a settlement demand letter that makes a monetary demand for settlement in the dog bite case. If a dog bites you, take these steps right away: Wash the wound. Most state dog bite statutes state that a person is legally responsible for a dogs actions if they take care of the dog or have control of it, or if a property owner knew that a dog was dangerous, but never did anything to keep it off of the property. COVID-19: The safety of our clients, staff, and our community is our top priority. The dogs owner, on the other hand, does not need to prove anything. Instead, California imposes strict liability for dog owners under California Civil Code 3342. When a dog bites someone, questions regarding liability, or fault, may ariseissues that routinely come up along with monetary compensation and damages. In this scenario, the dog (as well as its controller and a property owner) cannot be held responsible for the bite injury, as long as the victim was the suspect that the dog was meant to attack. As the dogs owner, you must be prepared to take accountability for your canines actions. If you have liability Remember that if a dog bites, he or she may be amped up and in a situation that they feel scared/angry. On the contrary, if you did everything in Now, the question begs: Whats your position if the incident occurred within your premises? keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Most US states follow the strict liability statute, while some follow the one-bite rule. Tyack Law in Columbus, Ohio, employs several such attorneys, and you can request an appointment online or by calling (614) 221-1342. However, there are exceptions here, which are as follows: Several states such as New Jersey and California follow this law when it is the matter of dog bites. If a canine bit someone on your property, you may need to fight a The dog attack victim can review the settlement offer with his or her attorney, but the first offer its not usually the best offer. Dogs are predatory animals, and their primary method of defense is to bite someone. According to this law, you as the dog owner are responsible for all injuries caused by your dog. If the dog that bit the victim was a stray, you may be liable under the rules of premises liability. Contact a local personal injury attorney to discuss your legal options. A dog bite left untreated for any length of time can cause a disability or life-threatening infection. If a dog bites you, you are prone to contract multiple illnesses. The suit will go through the court system and dictate whether you are at fault or liable for the bite. 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Unfortunately, the law does not require a dog bite mark to prove a dog attack. Whether invited guest, trespasser, or salesperson, you may be held liable in certain circumstances. As most puppies have not yet received training, they might show aggressive behaviors in crowded and chaotic environments. If you are ultimately accused of being at fault, it is important to organize your defense in a way that offers the best possible outcome. This is regardless of the one-bite or strict liability law. (805) 642-7101, Fax A dog bite can transmit several microorganisms and cause severe infections. However, if a negligent property owner doesnt do anything to prevent an attack, and the boy suffers a dog bite, the victims parents can bring a suit against the property owner under the negligence theory of liability to recover damages. The Massachusetts Dog Bite Statute is a pretty good law for dog bite victims, because it imposes strict liability on the dogs owner Dog bites by breed can vary widely since some breeds have far more strength and size than others. This measure is implemented in the majority of dog biting cases. In the case of a dog bite, the dog owners liability under, Dog owners in Philadelphia are held strictly liable for medical costs to treat the dog bite. In the absence of valid insurance coverage, you could pay the medical expenses of the injured person and even reimburse the other losses apart from paying your legal fees. Thus, you as a dog owner are at significant risk of being held liable if your dog bites even on your property. Such cases become even more critical when children become victims. After all, a dog bite victim has enough on their plate. Name 1. Damages that one dog attack victim might recover can differ from those that someone else might receive because the amounts and types of available damages vary. This will help you to train your furry friend to cope or shift it to a safe place while dealing with guests or visitors. Economic damages: This form of compensation covers any objective or apparent injuries. Keep copies of all medical bills, invoices, and receipts for expenses related to the dog bite. The statute of limitations also ensures that witnesses remain available to come to court and testify if the case goes to trial or arbitration. Since several decades and for countless dog owners, dogs have been the best pals. This means that an individual will be financially responsible (liable) for injuries or damage caused by a dog even if the owner was not negligent. 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. (619) 220-0667, Phone To prove your dog did not bite someone, you need to give evidence that your dog was not responsible for the bite. Thats when we went to an animal shelter and fell in love with the most adorable little rescue pup. It may be anywhere between a few weeks and six months. (213) 626-0571, Fax Suppose your dog bites someone inside or outside your premises. Keep in mind, this is a general overview and each state has its own, unique dog bite laws and statutes. 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. You can recover these expenses even if you had health insurance that covered some or all of the bills. Dog bites and scratches can result in severe skin damage. To further understand the legalities behind these cases, we outlined some situations below: The dog bite statute states that guests invited by property owners can hold them liable for the dog attack. Property owners also owe a duty of care to people on their property. This includes emotional injury, mental anguish, and pain and suffering. Its vital to talk to your lawyer about the injuries you sustained from a dog attack. If it is a first-time bite, you will be liable for medical expenses. If a dog has a history of attacking animals and humans even without provocation, the owner may be liable for medical costs and other damages. In a dog bite case, even one founded on strict liability, the dog attack victim will still need to prove their damages. 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. Some states have a one bite rule for personal injury claims involving dog attacks. The dog bite victim must then try to receive an anti-rabies vaccination after a specific time. As mentioned in the previous section, a dog bite mark is not required to prove a dog attack. If someone elses dog bites a trespasser on your property, only the dog owner can be held liable for the incident. If it does, then you could be sued. Appointing liability in a dog bite case can be a challenging task. (1) If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, Petrov Law Firm is a Vista personal injury law firm with over two decades of combined legal experience providing legal representation to injury victims across South California. However, property owners are not allowed to hurt a trespasser intentionally. Many homeowner policies cover dog bites and attacks. 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. Petrov Law Firm | October 21, 2022 | Personal Injury. We want to put our knowledge, experience, and resources to work for you. In premises liability law, it is a general rule that trespassers cannot hold property owners for any injuries they sustained while trespassing. Nevertheless, you are likely to be held liable for the injury caused to the second victim, as it occurred following the first one. Because of this, victims of dog bite cases are entitled to receive similar compensations to an individual injury victim. In some Scarring. If this is the case, the animals owner could be responsible for any resulting injuries it caused. 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