Animal Injury Lawsuits Tag

Avoiding a Dog Attack and Advice for Victims

Obviously, it is always better to avoid a dog attack than to have to seek compensation, so let’s start by giving you a few tips on how to protect yourself if you come face to face with an angry canine.

Unfortunately, this a very common issue in the US with about 4.5 million Americans being bit annually (according to the CDC). Add to this the fact that approximately 1 in 5 dog bites gets infected and you have the recipe for some serious injuries and major medical bills.

The Dos and Don’ts of Encountering a Dog

First of all, it is important to stay calm. You may have surprised the dog just as much as it surprised you. Gruffly telling a dog to sit may worry it even more and result in unpredictable behavior. While your first instinct may be to grab and toss a stick, the dog may see you reaching for something on the ground as a sign of aggression. You’re better offer keeping your distance and encouraging the dog to view you as a friend by saying things like “good dog” or other phrases owners often use as encouragement.

What to Do if a Dog Attacks

If a dog catches you off guard or comes at you despite your best efforts, you need to remember a few things. First, protect your neck. Dogs will go for soft tissue areas. You’ll take a lot less damage from a leg bite. Second, if a dog locks its jaw on you, pulling away will only tear the flesh and do more damage.

Another important thing to remember is to see a doctor immediately as you may require shots, especially if rabies is a concern. Then the next professional visit to make is to a lawyer. You need to know your legal options when it comes to recouping money on medical bills as well as the trauma of being placed in such a situation.

Does a Liability-Free Zone exist for pets?

If you are a dog owner, is there such a thing as a safe haven for you and your dog? Unfortunately, the answer to this question is nearly never yes. Even in an environment created and reserved for dog-dog/dog-human interactions such as a dog park, you are responsible for your pet’s behavior. While dog parks may be a place where the city suspends its leash laws, the laws that govern liability for human or animal injury still apply.

What happens if your dog attacks while inside your home? If there is a guest present and they are injured in the attack, you are still liable, even if the attack occurs in your own home. While there is very little law that directly applies to in-home dog attack injuries, most courts will side with the predominant opinions that point to laying the burden on the owner of the aggressive dog. As long as another person is injured in an attack involving your pet, you as the pet owner will be held responsible, no matter what the setting.

If you or your dog was attacked, whether at a dog park or at someone’s home, the law is on your side. You need to contact a lawyer immediately so that you and the lawyer can begin to collect sufficient evidence to bring suit against the other dog owner. You will need to locate eye-witnesses and get medical records from your doctor and your veterinarian. The sooner you ask a lawyer for help, the more likely the case will settle in your favor.

Dog Bite at Your Own Home

Frequently, dog owners assume that because the visitor was “rough-housing” with the dog, they are no longer liable for any injuries. Simply put, anytime your dog bites someone (unprovoked or not) you can face a personal injury charge.

If you have a homeowner’s insurance policy or renter’s insurance policy, the insurance company will pay out for the losses because of the dog bit. (And then likely cancel your policy.) If you don’t have any insurance coverage, the injured person will have to sue you for damages and losses. Either way, you will want to have a personal injury lawyer to help ensure that you are out at little money as possible.

If you end up in front of a judge, then most judges will consider any extenuating circumstances surrounding the dog bite. One, minor dog bite is not likely to lead to a judgement to have the dog put down. Again, a personal injury attorney can help and guide you through some steps to show the judge you are addressing any aggressive behaviours in your dog.

The injured person is probably going to have a lawyer pressing to get as much money out of the insurance policy (and your assets) as possible. You should have a personal injury attorney on your side to ensure you and your pet are equally protected.

Dog Bites and Companion Animals

There are two classification of companion animals. The first are professionally trained, working animals. Professionally trained companion animals go through an extensive selection process to eliminate any animal that might be aggressive or uncooperative. Then, the animals that are selected for training spend years learning self control along with companion skills to finally reach certification. These animals can go anywhere the owner goes — from restaurants to airplanes. These animals are extremely intelligent and are very unlikely to bite anyone.

The second form of companion animals are emotional support animals. While dogs are the most common emotional support animal, cats, birds, and rabbits (among others) can also be considered as companions. These emotional support animals do not receive any training and are not able to self regulate their behavior any better than a common household pet. In addition, getting a doctor to say you need a companion animal is fairly easy and inexpensive.

In California, the law prevents most commercial establishments from demanding a form of proof for the companion animal. (Demanding proof can be seen as an act of discrimination.) Some consumers take advantage of this law and simply buy a companion animal vest, knowing that no one can demand proof. And while interpretations vary, the current laws might not even allow emotional support animals in eating establishments; but because of the discrimination laws, no one can ask for proof.

So because of the complex and conflicting laws, untrained dogs are everywhere. While many of those animals are legitimate, working dogs, some are not. So if you’ve been bitten by a stranger’s dog, consult a lawyer. The dog isn’t likely a true working animal, and you are well within your rights (and morals) to demand compensation for your injury.

Animal Injury Lawsuits

There are some exceptions — such as someone deliberately trying to injure your pet or an injury happening on private land. These exceptions, however, are rare and would likely end with the courts still insisting that animal owners should control their animals.

There isn’t much to recover in these cases anyway. Pets are considered property, and the fair market price for an animal is generally lower than $500. Medical bills and pain and suffering aren’t considered recoverable damages by the courts in property cases.

Lastly, injury TO animals is not covered in auto or home insurance policies. Because the vast majority of injury cases are settled by well-endowed insurance companies, an animal injury case comes without the kind of financial backing that attracts most plaintiffs.

If you have been injured BY an animal, contact a lawyer immediately. Similarly, if your pet has injured someone, you will need a lawyer to guide you through personal injury court proceedings.