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Are Dog Owners Always Liable For Bites

Posted by Bautista Leroy | Dec 16, 2023 | 0 Comments

are dog owners always liable for bites

Getting attacked by a dog can have lasting emotional trauma and, worse, severe injuries. That is why when you get into this incident, you will need the assistance of a personal injury attorney to recover damages. Bautista Leroy LLC has been representing clients throughout Southern Illinois and the greater St. Louis area. Our legal professionals can answer your questions, such as "Are dog owners always liable for bites?". We specialize in cases related to medical malpractice, nursing home, personal injury, sexual abuse/assault litigation and railroad crossing litigation.

In this article, we will talk about the common injuries one might get after being bitten by a dog and ascertain if the dog owner is always liable.

 

What Are The Common Injuries You Can Get From Dog Attacks?

An individual might get more than one injury from a dog attack incident. Aside from physical wounds, one might develop trauma that can last for a long time. Here, we list the common injuries a victim of a dog bite might suffer:

  • Puncture wounds
  • Lacerations
  • Broken bones
  • Infections 
  • Nerve damage 
  • Post-traumatic stress disorder

 

Is A Dog Owner Always At Fault When It Bites A Person?

This is a common misconception, however, the owner is not necessarily always at fault when their dog bites someone. The law considers every angle of a dog bite claim to determine who is truly responsible for the incident. Generally, liability depends on state laws, for example, there are state that follows "strict liability", which means that the dog owner is still responsible for their dog's behavior even if they have not shown aggression. before.

Some states apply the one-bite rule, which means that an owner can only be responsible if they are already aware of their dog's history of aggression or should've known about their behavior. Despite these rules, there is an exception, such as when the victim provokes the dog, trespasses or engages in illegal acts.

 

How To Know When An Owner Is Liable For A Dog Bite?

One thing to know whether the pet owner could be responsible for their dog's attack, is if they take measures to restrain their dog. The law can also look into the details of whether the victim acted lawfully and if the owner ignored safety measures to prevent trouble, for example, did they not comply with leash law, fences or warning signs? Basically, liability will always revolve around "negligence", from carelessness to ignoring known risks. To prove liability, you will need solid evidence, which could include medical records and witness accounts.

 

Why Hiring A Personal Injury Attorney Is Beneficial?

It may seem like a minor incident, but dog bite claims can be a difficult process to handle on your own. Things could especially be hard if the settlement is not reached at the first negotiation and the dog owner denies responsibility. A personal injury attorney can assist you in facing these challenges. Here's how:

  • Investigating the case
  • Negotiating with insurance companies
  • Advising on legal strategy
  • Calculating damages

 

When Is The Time To Hire An Attorney?

Hire a personal injury attorney immediately, within days after the dog bite incident. If you delay actions, you could lose the chance to fully recover damages. Here are the situations that you might need the help of a personal injury attorney:

  • Dog owner denies responsibility 
  • Mounting bills from injuries
  • Involves a child or an elderly
  • Owner's insurer pressures you to settle early
  • Unknown dog owner

 

What Are The Criteria I Should Follow To Choose A Good Attorney?

  • Find a personal injury attorney who has experience handling dog bite cases.
  • Check an attorney's past case outcomes.
  • Choose an attorney who has received recognitions and awards.
  • Hire an attorney who can communicate well.

 

Why Choose Bautista LeRoy LLC?

The legal team of Bautista LeRoy LLC combines expertise and compassion to serve our clients with quality representation. Our attorneys have experience helping individuals recover damages from a dog bite incident. We understand how physically painful and traumatizing an animal attack can be, which is why we do our best to secure them maximum compensation. Our legal professionals do this by taking a client-centric approach and communicating with them regularly to update them on the status of their case.

 

Suggested Action Steps

You will need to take action quickly to recover and follow these simple tips:

  • Seek medical attention
  • Report the incident to local animal control 
  • Take photos of evidence
  • Avoid making careless statements
  • Contact a personal injury attorney

The law surrounding dog bite cases can be challenging to handle on your own. You can achieve compensation that truly reflects the damage you have suffered by working with a personal injury attorney. Bautista Leroy Law Firm's legal team is ready to assist you. Call us at 833-381-6589 or send us an email on our Contact Page. Serving St. Louis and the surrounding areas of Boone County and Benton County.

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