Dog Bite Lawsuits: What You Should Know

Understanding Dog Bite Liability Laws

Dog bite liability laws vary significantly across jurisdictions, creating a complex legal landscape for victims seeking compensation. Most states follow one of two primary legal doctrines:

• Strict Liability: In strict liability states, dog owners are legally responsible for injuries their dogs cause regardless of the animal's previous behavior or the owner's knowledge of aggressive tendencies. This means a victim needs only to prove the dog caused the injury and that they weren't trespassing or provoking the animal.

• One Bite Rule: Some states follow what's commonly called the 'one bite rule,' which holds owners liable only if they knew or should have known their dog had aggressive tendencies or had bitten someone previously.

Additionally, local ordinances often impose specific requirements on dog owners, such as leash laws, containment regulations, and breed-specific legislation. These local rules can significantly impact liability in a dog bite case.

Negligence claims represent another avenue for dog bite victims. If an owner failed to exercise reasonable care in controlling their animal, they may be held accountable even in jurisdictions without specific dog bite statutes. This might include situations where owners violate leash laws or fail to properly secure their property.

Common Defenses in Dog Bite Cases

Dog owners and their insurance companies typically employ several defenses to limit or avoid liability in bite cases. Understanding these defenses helps victims prepare stronger cases:

• Provocation: If the victim teased, tormented, or physically abused the dog immediately before the attack, the owner may claim provocation as a defense. Courts examine whether a reasonable person would consider the victim's actions provocative.

• Trespassing: Property owners generally owe less legal duty to trespassers than to invited guests. If a person was unlawfully on private property when bitten, the owner might avoid liability in many jurisdictions.

• Assumption of Risk: This defense may apply when someone voluntarily accepts a known danger, such as veterinarians or dog handlers who work with animals professionally.

• Comparative or Contributory Negligence: Some states reduce compensation if the victim's behavior partially contributed to the incident.

The strength of these defenses varies by jurisdiction. In strict liability states, defenses like lack of knowledge about a dog's aggressive tendencies typically fail, while trespassing and provocation defenses may still succeed. Understanding the specific laws in your area is essential for evaluating case strength.

Working with an attorney who specializes in dog bite litigation can help victims anticipate and counter these common defenses effectively.

Calculating Damages in Dog Bite Claims

Dog bite injuries often result in significant damages, both economic and non-economic. Accurately calculating these damages is critical for fair compensation:

• Medical Expenses: This includes emergency treatment, surgeries, hospital stays, medications, physical therapy, and future medical care related to the injury. Serious dog bites may require plastic surgery or long-term rehabilitation.

• Lost Income: Compensation for wages lost during recovery and potential future income losses if the injuries cause permanent disability or impairment.

• Pain and Suffering: Non-economic damages for physical pain and emotional distress resulting from the attack and recovery process.

• Emotional Trauma: Many dog bite victims develop psychological conditions like post-traumatic stress disorder, anxiety, or phobias following an attack.

• Scarring and Disfigurement: Additional compensation may be awarded for permanent visible scarring, particularly on the face or other prominent areas.

• Property Damage: Replacement or repair costs for clothing, eyeglasses, or other personal items damaged during the attack.

Documentation plays a crucial role in proving damages. Medical records, photographs of injuries, psychological evaluations, and expert testimony help establish the full extent of harm suffered. Keeping detailed records of all expenses and impacts related to the injury strengthens claims for compensation.

Insurance adjusters often minimize injury severity or question the necessity of treatments. Having thorough documentation and professional legal representation helps victims counter these tactics and receive fair valuation of their damages.

The Insurance Claim Process for Dog Bites

Most dog bite claims are handled through insurance rather than courtroom litigation. Understanding the insurance claim process helps victims navigate this system effectively:

Homeowners and Renters Insurance: These policies typically cover dog bite liability, though coverage limits vary. The average homeowner's policy includes $100,000 to $300,000 in liability protection. When damages exceed these limits, victims may need to pursue the owner's personal assets.

Initial Steps After a Bite:

• Report the incident to local animal control authorities

• Seek immediate medical attention

• Document injuries with photographs

• Identify the dog owner and collect their contact and insurance information

• Gather witness statements and contact information

• File a claim with the owner's insurance company

Working with Insurance Adjusters: After filing a claim, an insurance adjuster will investigate the incident. This typically involves reviewing medical records, taking statements, and evaluating liability. Adjusters aim to minimize the insurance company's financial exposure, so their initial settlement offers often undervalue claims.

Insurance companies may deny coverage based on policy exclusions for certain dog breeds or previous bite incidents. Some policies contain specific animal liability exclusions or sublimits that reduce available coverage for animal-related claims.

Given these complexities, many victims benefit from legal representation during insurance negotiations. An attorney can help identify all potential sources of recovery and negotiate effectively with adjusters to maximize compensation.