Liability Factors in Dog Bite Injuries
In dog bite cases; there are several factors to consider when assessing liability after an injury has occurred. Though every case is different, certain factors should be analyzed.
Believe it or not, the type of the dog involved in the attack can be a very relevant factor. It is true that any dog can bite; however some jurisdictions have dog bite laws that recognize some dogs as more dangerous than others. For instance, some local ordinances require certain breeds to be registered as dangerous dogs because they are thought to be more likely to cause an injury. If an attack should occur in such a jurisdiction by a dog recognized as dangerous, proving liability or fault may be less challenging than in a jurisdiction that does not recognize certain dogs as more likely to cause an injury.
Another important factor in analyzing fault in a dog bite is whether or not the dog was secured at the time of the bite. Many local cities and counties have laws that require dogs to be secured by a fence or leash. For example if a dog is not secured at the time of a dog bite, and there are laws in place that prohibit dogs from running loose, the dog’s owner could be liable for any injuries that result from such a situation.
After a dog bite occurs, it is important to analyze how it happened. A situation where someone is bitten by a free roaming animal on the street is very different from a situation where a dog bites after it has been provoked or if it bites in defense of its owner or their property. Answering the question of where the bite happened and under what circumstances is extremely important. Additionally, it is important to know the dog’s history. Had the dog ever bitten anyone before? If an owner knows their dog has bitten before, the animal’s owner may be liable for the injury depending on the laws of the jurisdiction and the circumstances surrounding the situation.
No two dog bite injuries are the same. The injuries may range from minor to catastrophic and the question of liability may be very easy or extremely complex. Anyone that has been bitten by a dog should seek medical attention and they should also make sure that the incident is reported to the appropriate authorities. Because liability is not always easy to determine and the laws vary from place to place, it is also a good idea to consult with an experienced injury attorney that handles dog bite cases.
The Law Offices of Michael A. DeMayo, L.L.P. have handled many different types of injury cases, including dog bites. If you have any questions about dog bite injuries or other personal injury related matters, our attorneys are here to help. Please call 704-333-1000 or email info@DeMayoLaw.com for a free case consultation.