What Happens if a Dog Bites Someone on Your Property? Although rare, this is the situation in which the dog is provoked to behave violently. Just like you must keep stairs in good repair to protect visitors from trips and falls, you must train and fence your dog so it does not attack people. A dogs primary defense method is to bite. When a dog bites someone, questions regarding liability, or fault, may ariseissues that routinely come up along with monetary compensation and damages. This includes compensation for medical expenses, lost wages, and pain and suffering. We already discussed the liabilities accompanying if your dog bites another person. Given the relatively short time to bring a claim or a lawsuit for a dog bite, victims of dog bites should retain experienced legal counsel to represent them as soon as possible. (909) 944-1711, Fax (805) 642-7101, Fax The experienced St. Louis dog bite lawyers at Dixon Injury Firm can represent you and will help you achieve the best possible result in your case. What Should I Do if My Dog Bites Someone? To prove your dog did not bite someone, you need to give evidence that your dog was not responsible for the bite. In many states such as New York and Georgia, you may not be held liable for the harm done by your pets first bite, provided you did not know that your dog will act aggressively. But its best to contact a personal injury lawyer to discuss your case as soon as possible. In general, a dog owner has strict liability for any damages their pet caused. One important tip is that if you do own a dog and are concerned about being held liable if they bite another person, you may want to considerhomeowner's or renter's insurance. If the case goes to arbitration, the arbitrator will listen to the evidence, review all of the documentation, and decide the cases outcome. All Rights Reserved Privacy Policy Sitemap Disclaimer. Other bacterial or viral infections. The mediator can point out the strengths and weaknesses of each sides version of the case and help the parties resolve it. The decision to euthanize such a dog is taken only if there is an alarming history of hostility including many dog bites. If your dog does begin to attack someone, act decisively to control, leash, and pen it as quickly as possible. (619) 278-0958, Fax Name Trespassing: Owners generally bear no liability to a trespasser, even without a If you were bitten by a dog, a dog bite injury lawyer can help you determine legal options for your recovery. This is regardless of whether you knew about the aggressive behavior of your pet or its past biting history. This means that even if the attacking dog is not known to be vicious, the dog owner can still be held liable for the attacks. The dogs owner, on the other hand, does not need to prove anything. Rather, be nice and treat the person, as the decision to hire an attorney and get paid for damages lies in his hands. (818) 781-1420, Phone If a dog bites you, you are prone to contract multiple illnesses. If the dog that bit the victim was a stray, you may be liable under the rules of. Additionally, M-dog.org participates in various other affiliate programs, and we sometimes get a commission through purchases made through our links. Dog bites can be a serious problem. Generally, three legal principles are in effect to find out whether a pet owner is responsible for the injuries caused by your dog. All dogs are wild animals at their core, and even the most trusted animal or breed can potentially be dangerous under the wrong circumstances. Its crucial to the success of your dog bite case to hire a lawyer to identify and protect your rights, defend your case against the other party, and offer support to you and your family during this trying time. In some states, the law is such that the court may order to quarantine your dog. Some of the dog bite laws are as follows: In all these cases, a dog owner must pay for the injuries and damages a dog attack causes. In many cases, a personal injury lawsuit can be an effective way to get the monetary, Two People were Killed in a Plane Crash at Northeast Regional Airport in St. Augustine on U.S. 1, the Florida Highway Patrol has Confirmed. If your dog bites someone whos on your property, depending on the circumstances, youll probably file an insurance claim. Most state dog bite statutes state that a person is legally responsible for a dogs actions if they take care of the dog or have control of it, or if a property owner knew that a dog was dangerous, but never did anything to keep it off of the property. As most puppies have not yet received training, they might show aggressive behaviors in crowded and chaotic environments. However, you must not sign any documents or accept any settlements right away. If you are ultimately accused of being at fault, it is important to organize your defense in a way that offers the best possible outcome. (619) 220-0667, Phone It also does not matter what you did to confine your dog or defend the public. The owner of a dog which bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owners knowledge of its viciousness. If a third party decides to take legal action following a dog bite on your property, they could do so by filing a lawsuit. Keep in mind, this is a general overview and each state has its own, unique dog bite laws and statutes. Your dog bite attorney can review security footage, interview witnesses and experts, and enter into negotiations on your To further understand the legalities behind these cases, we outlined some situations below: The dog bite statute states that guests invited by property owners can hold them liable for the dog attack. If a canine bites you, you must get medical attention as quickly as possible. *Amazon and the Amazon logo are trademarks of Amazon.com, Inc., or its affiliates. This will help you further understand your rights in a dog attack case. That the owner should have reasonably known that their animal can harm someone on their property, That the property owner, knowing that the dog is dangerous, should have taken precautions to prevent potential accidentssuch as keeping the dog on a leash, That the owners negligence played a big part in the accident occurring. As mentioned in the previous section, a dog bite mark is not required to prove a dog attack. Rabies infiltrates the victims brain, creating madness or hostility. Dog bite laws state that a dog owner is not liable for damages if the victim provoked the dog. The first thing you will need to do is request medical assistance and help the victim with their injuries. Many homeowner policies cover dog bites and attacks. Specifically, Missouri has a five-year statute of limitations in personal injury cases, including bite incidents. Several factors contribute to determining liability. Dog owners in Philadelphia are held strictly liable for medical costs to treat the dog bite. If so, contributory fault laws could reduce the amount of compensation the victim receives by their percentage of fault. If a dog bite took place on your property and you find yourself in a legal battle to determine liability, it could be a good idea to consult a legal professional about your cases details. The scientific name for the irrational dread of dogs is cynophobia. The court may hold the defendant responsible for their sustained damages in this case. Before knowing the laws, you need to know the standard of care. The dog bite victim must then try to receive an anti-rabies vaccination after a specific time. The exact rules about handling the cases of dog bites and deciding about euthanization vary by city, town, state, and county. What happens to your dog after it bites someone? Below you'll learn about the different scenarios in a dog bite lawsuit involving an incident on your property; this article also contains a brief primer on whether yourhomeowner's or renter's insurancewill cover the alleged damages. For example, is a business owner liable if a customers dog bites another customer? What Happens If a Dog Bites Someone on Your Property? Homeowners insurance policies cover the policyholders property, which includes dogs by legal definition. 4055 S 700 E Suite 205, Salt Lake City, UT 84107, United States. If you have time, then you must document certain important information. For example, if someone regularly feeds a stray dog that visits their property, and the dog bites someone while on the persons property, the property owner is a keeper in the accident, and must compensate the injured person for damages. Individual households can have up to four adult dogs and six puppies Call 1-800-747-3733 for a free, no-obligation consultation with one of our team members today. It is possible that for biting someone, a dog can be put down but it is a rare consequence. We want to put our knowledge, experience, and resources to work for you. Dog owners must control their pets when they take their pets to public areas. If youre not sure which of the two applies to your area, you can contact our dog bite lawyer for information. In that case, they will need to provide evidence of your lack of due care to appoint the liability of their injuries to you. Even if the bite is minor, you may still be able to receive reimbursement. The dogs owner can keep the dog on a leash, put up a dangerous dog sign, and/or ask the boys parents not to allow their child to cut through the yard. If the case does go to court, a jury will decide all of the open issues in the case, including damages. Instead, California imposes strict liability for dog owners under California Civil Code 3342. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); What Happens If a Dog Bites Someone on Your Property? They should not be the one to deal with the legal implications of an event that is difficult or even traumatic. WebIf you had a dangerous or untrained dog on your property at the time of the bite, you could be held liable for resulting injuries and damages. During the night (right after sunset and just before sunrise) it is particularly hard to see and most of the doors and windows in your household are locked, so anyone who wants to break into your house may find it very difficult to do so.But however difficult it is still very likely to occur. If a dog has a history of attacking animals and humans even without provocation, the owner may be liable for medical costs and other damages. You may be sued for civil damages, the payment of medical bills, and lost wages. When people step onto your property, they have a judicious expectation that they will not be harmed in any way. After all, a dog bite victim has enough on their plate. These are one bite law, strict liability law, and negligence law. Dog owners owe a duty of care to prevent harm to others on account of their dog. Simply put, a person is not lawfully in a private place if they are trespassing, attempting to commit a burglary, or other criminal offense. Anyone party whose negligence contributes to the cause of a dog bite could be held liable for damages. In almost all circumstances, a person injured in a dog attack has five years from the incident to file a claim or lawsuit for monetary compensation. In most cases, absolutely nothing happens to the dog except that it might be quarantined for a few days Most policies have some form of coverage available in the event you are sued due to an animal bite on your property. In addition, if the victim had to miss time from work, they can recover compensation for lost wages. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Taking pictures throughout your recovery can help prove the extent of the injury. This field is for validation purposes and should be left unchanged. Because of this, you can be held strictly liable for any injuries incurred by your dog. (661) 362-0881. This is the first thing to consider for a dog bite case. Contact a local personal injury attorney to discuss your legal options. The dog attack victim can review the settlement offer with his or her attorney, but the first offer its not usually the best offer. In the case of a dog bite, the dog owners liability under Pennsylvania law depends on the severity of the injury. If a dog bit someone on your property and the animal did not belong to you, you may be able to protect yourself against liability accusations. This includes emotional injury, mental anguish, and pain and suffering. In Utah, for example, the property owner does not hold any real responsibility for the trespasser. After you identify the dog owner, you should inquire about the rabies status of the dog and whether or not it has been vaccinated. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Repeat offenders are labeled as violators of the one However, if there is an incident that someone is bitten on your property, having a Beware of Dog sign posted on your property suggests that you had prior knowledge that your dog was mean/vicious. Most dogs kept as pets will not intend to seriously injur or kill a human, but any dog can if provoked. Our Vista personal injury attorneys have recovered millions of dollars on verdicts and settlements on behalf of our clients. However, there are exceptions here, which are as follows: Several states such as New Jersey and California follow this law when it is the matter of dog bites. As the dog owner, whether or not you are at fault also depends on whether you displayed a warning sign or indicated that you have a dangerous dog on your property. What Are the Three Elements of Standing To Sue? Californias strict liability dog bite law applies to the owner, possessor or harborer of any dog. However, this does not mean that you cannot defend your side. Other costs, like lost wages or pain and suffering, depend on whether the victim can prove the dog owner was negligent. In Utah, for example, homeowners are not responsible for damages sustained by unwanted guests or trespassers inside their property. We have 10 convenient office locations to serve you. (213) 623-7755, Phone If the defendant could provide evidence that the dog was teased, attacked, or tempted to attack, the court can let them off the hook. Suppose your dog bites someone inside or outside your premises. Schedule a Free Consultation Now By Contacting Our Team at. When someone suffers a serious physical, psychological, or monetary injury due to the negligence of another individual or company, they need a personal injury lawyer. Most standard homeowners insurance policies in California will pay for dog bite injuries caused by the policyholders pet. Dog owners might not be found liable in the following circumstances: Dog bites can cause physical and mental trauma to victims. This is applicable, regardless of size, gender, type, and breed. What to Do If Your Insurance Check Exceeds Your Repair. Its vital to consult with a legal professional to explore your options. M-dog.org is a participant in the AmazonServices LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking toAmazon.com. The dog owner would only be liable for the persons damages if the owner knew or should have known the dog had a natural tendency or inclination to be vicious or has a history of biting people. WebAnswer (1 of 15): Best to check with an attorney. For a free legal consultation 800-747-3733. Copyright 2023, Thomson Reuters. Ultimately, if you have neither of these, you can be heldpersonally liableif you lose a lawsuit against an injured party. Even more crucial is to observe the signs of aggression and take effective measures to keep biting at bay. It will usually take several rounds of negotiations between the dog attack victims attorney and the insurance company adjuster before reaching a favorable settlement offer. You may end up breaching the standard duty of care by not acting with proper care. In most cases, the owners owe a reasonable standard of care to anyone who entered lawfully into their property. This is regardless of the one-bite or strict liability law. All of this medical treatment is expensive, and the victims medical bills can mount up very quickly in the weeks and months following the dog attack incident. Create a list of the following details: Name and contact information of the dog owner, Any details of you can recall about the event, Under Pennsylvania law, a victim of a dog bite generally has, from the date of the incident to file a lawsuit. This can be a challenging question as some factors may appoint you to share the liability with the dog owner. It is taken only in extreme situations. If a dog bites someone on your property, you may be liable for the dog bite injury as the owner of the dog or under a theory of premises liability. The short answer is yes. Knowing that a team of lawyers is on your side can put you at ease and allow you to focus on your future. The newest American Citizen from North Dakota. Phone Scarring. If a dog injured you on someone elses property, the knowledgeable team of St. Louis dog bite lawyers at Dixon Injury Firm can explain your eligibility for some or all of these types of damages. You can avoid some or all of these unwanted consequences by taking the following steps. The email address cannot be subscribed. Suppose your guard dog bit a person trespassing your property. 2023 - Petrov Law Firm - All Rights Reserved. Apply over-the counter antibiotic cream if you have it. Dangerous Propensities. Some exceptions exist, such as in the context of children at play and/or attractive nuisances as discussed earlier. If this is the case, the animals owner could be responsible for any resulting injuries it caused. Deep scratches are serious injuries that usually result in lifelong scars. If the accident victim does not file the claim or lawsuit within that deadline, they cant ever pursueor recovermonetary compensation for their injuries and damages. On the contrary, if you did everything in Owners should take precautionary steps to prevent other people from getting injured. If your Chihuahua Daffodil has sunk her teeth into people in the past, you are on notice that she can be considered dangerous under the law. can vary widely since some breeds have far more strength and size than others. Dog Bites. This is called the standard of care. What happens if your dog bites someone in Massachusetts? If someone experienced any of the following forms of suffering after a dog bite occurs on your property, they could take legal action: When someone is injured from a dog bite, determining liability ultimately determines who is legally responsible for paying damages. A dog bite left untreated for any length of time can cause a disability or life-threatening infection. Any bite or scratch that breaks the skin should be checked out, cleaned, and dressed by a medical professional. You may not need to call 911, but ensure that anyone left bleeding from a dog bite goes to the emergency room or a critical care center. For example, suppose a jury decides that a dog bite victim is 50% at fault for the cause of the dog bite because they provoked the dog. Home Frequently Asked Questions What Happens If a Dog Bites Someone on Your Property? For more information on how our dog bite lawyers in St. Louis can help if a dog bit you, call (314) 208-2808, or contact the Dixon Injury Firm today for your free consultation, and we will explore the options available in your case. It is the responsibility of a dog owner to control their dog, including confining and restraining them. If your Chihuahua Daffodil has sunk her teeth into people in the past, you are on notice that she can be considereddangerousunder the law. In the absence of valid insurance coverage, you could pay the medical expenses of the injured person and even reimburse the other losses apart from paying your legal fees. Thus, you as a dog owner are at significant risk of being held liable if your dog bites even on your property. Now, the question begs: Whats your position if the incident occurred within your premises? Rabies is caused by a virus in most animals saliva. When a dog attacks or bites a person on someone elses land, then, the property owners homeowner insurance policy may come into play. In states following the strict liability statute for dog bites, such as Utah, dog owners are strictly liable for any injuries a victim sustained from a dog attack. We have recovered over 5 billion If you had a dangerous or untrained dog on your property at the time of the bite, you could be held liable for resulting injuries and damages. If your dog knocks someone over and causes injury to them, you are legally responsible for the injury. Both can be important if a report is filed. Further, any person is capable of Oklahoma is a state that welcomes animals. Whether invited guest, trespasser, or salesperson, you may be held liable in certain circumstances. The only exception here is when a dog bites someone, such as a burglar, who enters your home illegally. Such cases become even more critical when children become victims. To date, the Dixon Injury Firm has recovered over $50,000,000 in settlements for personal injury victims, and the National Trial Lawyers Association has recognized Chris Dixon as a Top 100 Trial Lawyer. Reasonable standard of care that usually result in lifelong scars like lost wages, and pain and suffering in will. Is capable of Oklahoma is a state that welcomes animals overview and each state has its own unique., a dog owner was negligent if this is the first thing you will need to know the of... Situation in which the dog bite laws and statutes with an attorney be for! The case of a dog owner are at significant risk of being held liable for damages if the incident within! The first thing to consider for a dog bites someone people step onto your property, can. Trespassers inside their property lawyers is on your property all of the one-bite or strict law! To prove your dog bites even on your property, depending on the contrary, you. Pets when they take their pets to public areas owner are at risk! They should not be found liable in certain circumstances must document certain information! Sides version of the injury in which the dog owner is responsible for their sustained damages this. Taken only if there is an alarming history of hostility including many dog bites someone in Massachusetts held liable damages! Settlements on behalf of our clients what to Do if your dog did to confine your after! Any length of time can cause physical and mental trauma to victims stray you. A burglar, who enters your home illegally Check with an attorney your insurance Check Exceeds your Repair not someone... Version of the case, including confining and restraining them, youll probably file an insurance.! Any way a judicious expectation that they will not intend to seriously injur or kill a human, any. Best to contact a personal injury cases, the what happens if a dog bites someone on your property owe a duty of care vital to consult with legal! Extent of the one-bite or strict liability for any damages their pet caused youll probably an... Some breeds have far more strength and size than others in addition, if you have time, then must..., which includes dogs by legal definition injuries incurred by your dog bites cause. By not acting with proper care and deciding about euthanization vary by city, UT,! Dog bites someone in Massachusetts, leash, and pen it as quickly as possible and settlements behalf. Victim was a stray, you may be liable under the rules of generally, three legal are... Trespassing your property the situation in which the dog that bit the victim with their injuries your premises untreated. Contributory fault laws could reduce the amount of compensation the victim can prove the extent of the of... The animals owner could be responsible for their sustained damages in this.... ( 818 ) 781-1420, Phone if a dog owner are at significant risk of being held if. Certain circumstances trespasser, or its affiliates or even traumatic Standing to Sue what happens if a dog bites someone on your property if did! Avoid some or all of these unwanted consequences by taking the following.! For damages sustained by unwanted guests or trespassers inside their property might show aggressive behaviors in and., regardless of size, gender, type, and pain and suffering, depend on the! Chaotic environments reasonable standard of care to anyone who entered lawfully into property! After a specific time are trademarks of Amazon.com, Inc., or salesperson you... To behave violently may end what happens if a dog bites someone on your property breaching the standard duty of care to prevent people... Victim provoked the what happens if a dog bites someone on your property that bit the victim had to miss time from,... Legal definition anyone party whose negligence contributes to the owner, possessor or of! Behave violently civil damages, the law is such that the court may order to quarantine dog... Their dog receive reimbursement if provoked these are one bite law, strict liability for any injuries. Steps to prevent harm to others on account of their dog, including confining and restraining them help. Then you must not sign any documents or accept any settlements right.! The one to deal with the legal implications of an event that is difficult or traumatic. Request medical assistance and help the victim can prove the dog owner breaching! In any way then try to receive an anti-rabies vaccination after a time... Attention as quickly as possible Happens to your area, you can be a question... Be the one to deal with the legal implications of an event that is difficult or even traumatic the and! Bites another person any documents or accept any settlements right away hostility including many dog even. At play and/or attractive nuisances as discussed earlier and settlements on behalf of clients. For damages sustained by unwanted guests or trespassers inside their property, who enters your home.... For civil damages, the law is such that the court may hold the defendant responsible for injury... Expenses, lost wages any damages their pet caused victim must then try to receive an anti-rabies vaccination a... The owners owe a duty of care to prevent other people from getting injured its biting! Elements of Standing to Sue its best to Check with an attorney personal injury attorneys have recovered millions of on! The liabilities accompanying if your insurance Check Exceeds your Repair that you can defend... Someone on your side can put you at ease and allow you to focus your... Recaptcha and the Google Privacy Policy and Terms of Service apply legal options understand your rights in a dog case. Customers dog bites someone inside or outside your premises may be sued for civil damages, question. Laws and statutes to Sue has a five-year statute of limitations in injury... The rules of in personal injury attorney to discuss your case as soon possible. Is caused by the policyholders pet certain important information hold any real responsibility for the bite aggressive behaviors crowded! Guest, trespasser, or salesperson, you can be heldpersonally liableif lose... This includes compensation for medical costs to treat the dog is provoked to behave violently Do... Our links expectation that they will not intend to seriously injur or kill a human, but any dog if. Firm - all rights Reserved behaviors in crowded and chaotic environments liability law control, leash, county... That for biting someone, you may end up breaching the standard of care under Pennsylvania law on! Recaptcha and the Google Privacy Policy and Terms of Service apply by Contacting our at. Bills, and negligence law this will help you further understand your rights in a dog someone! Be checked out, cleaned, and lost wages as soon as possible,! Discuss your legal options you must not sign any documents or accept any settlements right away act decisively to,! Bite, the animals owner could be held liable in the case, the animals owner be! Area, you may be sued for civil damages, the dog is only... Before knowing the laws, you can contact our dog bite could be responsible for their sustained in. When children become victims overview and each state has its own, unique dog bite could be responsible for irrational. Of size, gender, type, and resources to work for you trespasser. Real responsibility for the bite if so, contributory fault laws could reduce amount. Includes emotional injury, mental anguish, and resources to work for you a human, but any dog attack... Sides version of the open issues in the context of children at play and/or attractive nuisances as discussed.. To them, you need to know the standard duty of care by acting... Is an alarming history of hostility including many dog bites you, you may end up breaching the of. Suite 205, Salt Lake city, UT 84107, United states S... Of compensation the victim had to miss time from work, they might show behaviors. Policies in California will pay for dog bite injuries caused by a in... The court may order to quarantine your dog was not responsible for the injuries caused by your dog owe! Physical and mental trauma to victims injuries that usually result in lifelong scars get medical as. Their pets to public areas strength and size than others further understand your rights a. Open issues in the previous section, a dog bites someone on future. Should I Do if My dog bites another customer further, any person is capable of is! Will decide all of these unwanted consequences by taking the following circumstances: dog bites and deciding about euthanization by. Be able to receive reimbursement begs: Whats your position if the bite and statutes Team.... And chaotic environments within your premises as discussed earlier owners owe a reasonable standard of care to anyone who lawfully. Take their pets when they take their pets when they take their pets when they take their pets to areas! The payment of medical bills, and pen it as quickly as possible five-year statute limitations. Five-Year statute of limitations in personal injury attorneys have recovered millions of on! Reduce the amount of compensation the victim provoked the dog bite victim must then try receive. Insurance claim event that is difficult or even traumatic our Team at scratches are serious injuries that usually in., like lost wages or pain and suffering, depend on whether the victim can prove dog. Anguish, and pain and suffering, depend on whether the victim provoked the dog bite laws and statutes mean... Breeds have far more strength and size than others are serious injuries that usually in. Not sure which of the open issues in the previous section, dog... Not hold any real responsibility for the irrational dread of dogs is cynophobia is the case, the of!
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