Whereas dog bites are quite common, it’s not surprising that most of these cases are settled out of courts when the victim suffers substantial damages. This mainly involves an attorney, the affected parties, and insurance companies. Nevertheless, sometimes, it becomes difficult for the parties to agree on compensation, making it more reasonable to settle the issue in court. Here, the plaintiff is looking to receive reasonable compensation whereas the defense fights to get acquitted.
The following are some defense mechanisms that the accused party can employ in dog bite lawsuits.
Comparative Negligence
Under comparative or contributory defense, the victim’s negligence contributed to his injuries. Some instances of neglect include approaching a dog against your warning, ignoring warnings and hurting the dog. Nonetheless, the jury is more lenient to children since they are less likely to know the dangers of provoking a dog. The board may bar the plaintiff from recovering anything or reduce the settlement, depending on whether he or she was partially or wholly negligent during the attack.
Provocation
The jury may exempt you from liability if it establishes that the victim provoked your canine pet into attacking him. Kicking, taunting, yelling, chasing, punching, straddling, and teasing are some provocative actions that may prompt dog attacks. Be sure to present evidence or witness to support your provocation claims.
Assumption of risks
In this defense, the victim is accused of voluntarily assuming the risk of a dog attack by engaging in a particular behavior. The victim may have ignored the owner’s warning or approached a dog known to be precarious. One can tell a dangerous dog by foaming on its mouth, growling, or even its history of aggression. Professionals who work in fields where dog attacks are much likely to happen (animal control, vets, kennel workers, and dog groomers) are said to have assumed the risk of injury by working close to the dogs.
Statute of limitations
Statute of limitations sets the maximum time after an occurrence within which legal actions can be initiated. Regarding a dog bite case, if the victim sues you after the expiration of the statute of limitations, make an effort to get the case dismissed. If the victim threatens you with a lawsuit, be quick to confirm the statute of limitations for dog attacks legal suits or consult an attorney.
Defense parties in dog bite lawsuits aim to free themselves from paying hefty compensations or not pay compensation at all. The defense mechanisms discussed above can help you out of such a circumstance. All in all, be sure to work with a proven attorney and have appropriate evidence with you to strengthen your defense.
