In the US, most states hold the dog owner responsible for attacks made by the animal. The law is called Strict Liability. In such a case, it doesn’t matter if the dog owner was aware of the animal’s viciousness or not. In other states, you’ve to base your claim on negligence. You are expected to prove that the owner of the dog didn’t take reasonable care to prevent the attack.
Generally, dog bite laws are elaborate and they differ from state to state. So, it’s ideal to talk to a dog bite attorney when affected. Having said that, here are a few concepts that you should be familiar with:
Strict Liability Vs Negligence
As mentioned, Strict Liability holds the dog owner liable for the damages. It doesn’t matter if the owner exercised caution to prevent the attack or not. There are a few exceptions though such as:
• The victim was attacked when trespassing.
• The victim provoked the dog.
So long as the victim can prove that he or she was not doing something illegal that led to the attack, then the owner is strictly liable for the damages. But in some cases, the Strict Liability law becomes ineffective if the dog was a rabid one. In Iowa, for example, the dog owner is not held strictly liable if the dog had rabies. The only ground for prosecuting such a dog owner is on the basis of negligence. If the owner knew that the animal was infected with the virus and failed to take care of it, then he or she should be accountable. On the flip side, if the dog owner used reasonable care and did everything possible to prevent the dog from biting, he or she will not be held liable in case the dog in question still managed to bite a person.
What Damages are you suing the Dog Owner for?
When a dog attacks and bites you, ordinarily you’ll suffer injuries that are costly to treat. So, you sue the dog owner primarily for the medical cost damages. Other than this, you can also sue the owner for economic losses if it happens that the injury suffered prevents you from continuing with work and thus can’t earn income.
The secret to winning a dog bite claim is understanding the law and applying it as it should be. Of course, you need a dog bite attorney to assemble the facts and argue them in court. This will ensure that you are handsomely compensated. Remember to hire a good and experienced attorney to increase your chances of winning the case and getting the compensation that you deserve.
