Animal Attacks

Dog Bite Liability

Posted by on Aug 6, 2014 in Animal Attacks | 0 comments

There are generally two types of owner liability when it comes to injuries caused by dog bites, and it is important to plaintiffs (the victims) to know the rules or laws that apply to their state. Any Des Moines personal injury lawyer can tell you that each state can have differing laws and statutes that apply to their area, therefore the dog bite laws and statutes in Oregon may not be the same as that is California. In order to have a strong case against the dog owner (the defendant), you as the plaintiff should be aware of the state laws and statutes that applies to your case. The first concept or laws for dog bite liability and claims is the “One Bite” law, and in today’s laws this refers to the responsibility of the owner to understand the type of dog they are keeping and its aggressiveness. In the One Bite rule, it is the accountability of the owner to be aware of the dog’s tendencies to bite and inform the people about their dog’s nature. Being the plaintiff, it is then your responsibility to provide evidence that the dog owner “most likely than not” have inclinations about their pet’s aggressive nature, and circumstantial evidence such as the dog’s breed, what the intended use of the dog is, the dog’s training, and other factors can be presented in court.

For those states that follow the “Strict Liability” rule, the dog owner will be held liable should any event occur. The dog owner is held accountable for their dog’s actions if you (the plaintiff) have legal right to be in the place where the biting occurred and that provocation did not happen. States that follow the strict liability for dig bites can vary, like others are only applicable when the incident occurred in public property. Strict liability for dog bites are often easier to win in court that the One bite rule. In order to have a winning case personal injury claims for dog bites, it is essential to know and understand the laws that are applicable in your state. Talking with a lawyer can help prepare a strong case against the dog’s owner, and even have possible early settlement of the case.

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Dog Bite Lawsuits: What to Know

Posted by on Aug 2, 2014 in Animal Attacks | 3 comments

Sometimes, even the most docile dogs can attack. Perhaps they have been having a bad day and someone tired their last bit of patience. Regardless, a dog’s owner is supposed to keep their animal under control. Failing to do so can result in an innocent person being hurt, or worse. It’s not a bad idea to have some knowledge of first aid in the event that your dog bites someone or you are bitten by a dog.

In order to bring a personal injury claim or lawsuit following a dog bite, you should know the legal issues that are involved or necessary for your case. There are a variety of factors that can affect a personal injury, and states have their own laws regarding these claims. Places like Kentucky might have different laws regarding dog bite claims than other places in the US, therefore it is better to find a Louisville personal injury lawyer if you are attacked by an animal.

One of the most important things to consider when filing for a dog bite injury claim or lawsuit is the awareness of the owner about their dog’s tendencies. There are states that have dog bite statues, while others follow some superseding laws. Generally though, the owner is held liable for any injuries that their pet caused if they are aware of the aggressive tendencies of the pet. Although not really necessary, prior attacks can typically be used as evidence of aggressiveness. Likewise, circumstantial evidence can be used to prove that the owner knew the dog’s tendency to bite.

Another thing to consider is the states’ dog bite statutes. These statutes can vary from state to state and it is the plaintiff’s responsibility to prove that the defendant have violated state-specific statutes, otherwise there will be no case. The Williams Kherkher Law Firm, can inform you that there are states that have statutes dedicated to dogs and others apply to all domesticated animals. There are also others that are specific to bites, while others apply to any type of harm or injury caused by the animal or pet.

Lastly, it is essential for you, the plaintiff, to prove that the injury that the bite caused has given you harm. Regardless of the statute of the state, if the plaintiff can prove that the injury was substantial, (either physical, emotional, or both) the plaintiff has reasonable cause to file a lawsuit or injury claim for compensation.

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