Dog bites can result property damage and personal injury; due to animal instinct coupled with the lack of a sentient existent, dog bite settlements can be both legally and emotionally trying.
Responsibility of the Dog Owner
The liability and responsibility surrounding the case of a dog bite vary from state to state. A dog is considered to be the responsibility of its owner, and similar to damage caused by other types of property, the liability belongs to the dog’s owner – this varies in cases of assumed provocation.
1. Dog bites that result from a dog that has been regarded by witnesses and neighbors as notoriously vicious and violent are weighed differently than dog bites that result from a dog with no prior or outstanding behavioral issues.
2. Dog bites that occur as a result of provocation and/or abuse of a dog are tried differently than unprovoked dog bites
3. Dogs that have been trained to attack, maim, and injure are tried differently in the event of a resulting dog bite. Examples of these types of dog bites can be a result of:
• Learned behavior, such as in the case of a guard or attack dog
• Animal abuse
• Animal neglect
• Unethical treatment of animals
What are ‘One Bite Law’ States?
The ‘One Bite in reference to state legislature with regard to dog bites is a method of determining not only liability, but corrective action as well:
• Alaska, Hawaii, Oregon, Idaho, Nevada, North Dakota, South Dakota, Kansas, New Mexico, Texas, Missouri, Arkansas, Mississippi, North Carolina, Virginia, Delaware, Maryland, and Vermont are the states that have employed the ‘One Bite Law’.
• Parameters used to in One Bite Law states involve investigative measures consisting of witness testimony with regard to the behavior of a dog:
a. Eyewitness accounts from neighbors and individuals residing in areas surrounding the dog in question
b. Preventative measures taken by the owner with the hopes of curbing, ceasing, and preventing dog bites
c. A detailed history of the dog in question in regards to past indiscretions and additional behavior issues
d. An analysis of the dog responsible for the dog bite by a trained animal specialist
Dog Bite Claims
The parameters employed to determine fault and establish liability in a dog bite claim will vary on an individual basis and in conjunction with the all parties involved, such as the individual role(s), action(s), and behavior(s) assumed within the scope of the dog bite incident in question; the completion of all documentation in regards to a dog bite claim should be completed to the fullest extent - in a meticulous fashion. In the event that an individual experiences difficulty understanding the circumstances and procedures involving the filing of a dog bite claim, they are encouraged to consult an attorney specializing in dog bites – in addition to additional claims that involve pets and animals. Dog bite attorneys are trained in the legality involving dog bite cases; dog bite attorneys can assist in the assessment of damage and injury.