A dog bite lawyer is a skilled personal injury attorney who must prove a dog owner or other party is liable for your injuries. Such an attorney’s job is to protect an injured victim’s rights, seek compensation for injuries and losses, and hold the responsible party accountable. However, dog bite cases are often challenging, aside from the physical injuries and emotional trauma a victim can face. They can also have serious legal implications.
To help you on your path to compensation, here’s a look at what a dog bite or animal attack lawyer must prove to win your case and obtain a fair settlement.
What Is Strict Liability?
How liability is proven in a dog bite case depends on state laws. California follows a strict liability model. This means a dog owner is liable even if they didn’t know their dog had aggressive tendencies. In other words, they can be held responsible whether the dog has bitten someone in the past or not. Strict liability laws are enforced in half of all states.
In other states, a “one-bite rule” exists. It means a dog owner faces liability only if they knew or had a reason to know their dog was vicious or was prone to being aggressive. Therefore, they could get out of liability if they weren’t aware their dog had vicious tendencies or had a reason to believe so.
How Does Negligence Factor Into a Dog Bite Case?
Negligence can be another factor in holding a dog owner liable for a dog bite injury (comparative negligence rules may apply if the victim had some percentage of fault, meaning an insurance adjuster can reduce a damage award by this percentage). Your dog bite lawyer has to prove the keeper or owner was careless at the time of the attack. They can also gather the evidence needed to strengthen your claim if there are any disputes.
A dog owner should be reasonably careful in handling or controlling the dog at the time of a bite. However, proving negligence doesn’t require proof the dog has vicious tendencies.
This means a dog owner can be liable if a dog:
- Jumps on a person and scratches them
- Bites a bicycle tire, causing the cyclist to crash
- Is not on a leash at the time the injury occurred
A dog not on a leash can jump on and injure someone. It does not necessarily have to bite or cause a puncture wound. Nerve and soft tissue damage can occur even if the dog does not break the skin.
What Does My Dog Bite Attorney Need to Prove
Dog bites are mostly preventable, but each claim is unique. In a general sense, your personal injury lawyer must be able to prove:
- The defendant is the owner of the aggressive dog
- You were injured during the attack
- The attack occurred in a public place
- You were not trespassing on private property
- You did not provoke the dog in any way
However, a dog owner’s defenses can include suggestions you were not lawfully allowed on their property at the time of the incident. They can also claim you assumed the risk of an attack. This can involve training, grooming, or having possession of the dog; a dog handler, kennel worker, or veterinarian can also assume the risk of being bitten.
Another liability exception is if a bite occurred while the dog was assisting military or law enforcement personnel or defending a government employee.
Types of Evidence Needed to Win a Dog Bite Case
A dog bite lawyer can use various types of evidence. To prove liability and build your case, they may use:
- Eyewitness testimony
- Medical, economic, and other expert witnesses
- Surveillance camera recordings
- Photographs of bite marks and injuries
- Torn or bloody clothes
- Medical records and bills
- Social media posts
- The dog’s veterinary records
- A pet’s adoption papers
- Documentation of lost wages
Is It the Dog Owner That Must Be Liable?
A dog bite case does not always focus on the owner’s or victim’s degree of liability. Other parties can also be responsible, such as:
- Dog Handler: Anyone in control of the dog during an attack can be found liable for damages. Strict liability is not a factor in this instance. To recover compensation, it must be proven the handler knew the dog was aggressive but didn’t take reasonable measures to prevent the incident.
- Landlord: A landlord can be liable for damages following an attack if they knew of the dog’s aggressive tendencies but failed to lawfully remove the animal. Failing to install fencing around the perimeter or otherwise failing to maintain a property can result in liability if a dog escapes and bites someone.
- Commercial Property Owner: An owner of a commercial property must keep their premises hazard-free. This includes keeping it free of vicious dogs. Therefore, if a dog bite occurs on-site, the victim can file a claim against the property owner.
How a Dog Bite Attorney Can Help Get the Compensation You Deserve
If you’ve suffered a dog bite, your best chance of being fairly compensated is to hire a personal injury lawyer. You may be entitled to a settlement that covers all dog bite-related expenses. However, the legal process requires diligence and patience. On the road to compensation, your dog bite lawyer will:
- Identify all parties that may be liable
- Gather photographs and other time-sensitive evidence
- File subpoenas to obtain withheld evidence
- Interview witnesses
- Track injury-related and other costs
- Estimate the value of non-economic damages, like pain and suffering
- Manage all settlement negotiations
- If necessary, prepare the case for trial
Contact The Law Offices of Jacob Emrani
If a dog bite or animal attack injures you or a loved one, our Los Angeles personal injury attorneys can help get the compensation you deserve. We can help recover economic and non-economic damages. A settlement can cover your medical bills, long-term care, lost wages, and other accident-related costs. To request your free consultation with our experienced dog bite lawyers, call (888) 952-2952 today.