Personal Injury Claim: What To Do After an Animal Bite

Animal bites are not often thought of as a personal injury claim, but when an animal attacks you and causes an injury, you have a right to hire a personal injury attorney to hold the animal’s owner responsible for its actions. Dogs cause the majority of animal bites, so much of the information here applies to dogs.

Many states follow what is known as ‘strict liability’, which means the owner is strictly liable for any dog bite. In other states, however, owners are given one ‘free’ dog bite before they are held liable, unless the victim can prove that the owner knew the dog was a risk to bite someone.

Whether a dog or some other animal bites you, the first step you should take is to hire a personal injury lawyer to help you build your case. If you live in a state with strict liability dog bite laws, your lawyer will file a claim under that provision. But if you don’t live in a state with strict liability, you will need to prove your case by showing that the dog owner knew or should have known that his or her dog was likely to bite someone.

In states that don’t have strict liability for dog bites, some of the factors that come into play when trying to prove a dog owner’s liability include:

• Size/Breed of Dog – Larger dogs can cause more damage with their bites, and breeds such as Rottweilers and Pit Bulls are more likely to be vicious than other breeds.
  
• History of Attacks – If a dog has a history of prior bites or attacks, this could prove that the owner was aware of the likelihood of another attack.
  
• Caging History – If the dog is kept in a cage, it could also show that the owner was aware that the dog could be aggressive toward others.
  
• Muzzle History – Dog owners who muzzle their dogs when they walk them are often aware that their pets could be dangerous to others.
  
• Prior Complaints – Any prior complaints about the dog’s aggressive nature could be used as evidence that the owner should have been aware that the dog was dangerous.

It’s important to remember that in states like Nebraska , which has strict liability for dog owners, there is an exception if the bite occurred due to the dog’s playful nature and mischievousness, or because the victim trespassed on private property.

Most pets are gentle and friendly, but on the unfortunate occasion when an animal bites you, there are legal remedies for your injuries, pain and suffering. The team at the Law Office of Fitch & Stahle in South Sioux City, NE can help build your case and get you the results you want. Please call us today at (402) 494-3012 for a legal consultation.