Every year, around four million people throughout the United States are bitten or attacked by dogs, and roughly one out of every five of those victims will need medical care for their injuries. Dogs often cause the most serious injuries to small children who are at eye level with the animal. Victims are often entitled to compensation for their injuries, though their rights depend on state laws.
In some states, your compensation may depend on whether the dog was already deemed dangerous. This determination may be based on the animal’s breed or history of aggression. Regardless of the type of animal that attacked you or its history, you should always contact a dog bite injury lawyer after suffering injuries. They can identify your rights under state laws and work to get you a full settlement for your injuries, should you be legally entitled to one.
Some Dangerous Dog Laws May Depend on the Animal’s Breed
Each state has its own dangerous dog laws, many of which center around the breed of the dog. For example, some states may have special laws for breeds such as pitbulls and rottweilers with a track record of serious attacks based on their aggressiveness. The laws may apply regardless of the individual animal’s history. These laws may even impose criminal liability on the dog’s owner if they fail to follow the law. Then, the owner can face even harsher penalties if their dangerous dog attacks and injures someone.
States might have laws that cover the following types of animals:
- Pitbulls
- Rottweillers
- German Shepherds
- American Bulldog
- Bullmastiff
- Doberman Pinschers
- Chow Chows
- Huskies, Akitas, or Malamutes
Dangerous dog laws have sparked some controversy because they try to balance the general public’s safety with the rights of the dog’s owner. Many animal rights advocates argue that individuals should own the type of dog that they want without extra restrictions from the government due to breed.
Some owners will mislabel their dogs to get around breed restrictions or obtain homeowner’s coverage with a dangerous dog breed. Others might not follow the rules regarding their dangerous breeds, and they might attack others. In any case, consult a dog bite lawyer if a dangerous dog breed bites you.
A Designation as a Dangerous Dog May Be Due to the Animal’s History
A dangerous dog does not necessarily have to be based on the animal’s breed. Danger can result from the individual dog’s history. The animal may have previously demonstrated aggressive behavior towards another person or animal or even bitten someone.
The local animal control office may decide whether an individual dog is dangerous based on reports of its behavior. If it does, the owner might have extra obligations in their ownership of the dog. The local animal control office may even euthanize the dog in the case of a particularly dangerous track record of frequent and serious attacks.
A dog’s owner is entitled to due process if their animal is going to be formally designated as dangerous due to conduct. They can challenge and appeal any designation. They also have the right to be heard if they are facing charges of violating animal control laws.
As soon as the owner learns that the dog has dangerous propensities because of its prior actions, they usually have a higher duty imposed on them. The dog’s owner may need to take extra steps to prevent attacks and keep others safe from their animal.
These measures usually include keeping the dog on a leash at all times when they leave the house and secured by a fence or another barrier on the owner’s property. Depending on the circumstances, the owner may need to muzzle the animal while away from their property. They may even need to warn visitors to their property of the presence of a dangerous dog and not allow the animal to roam freely in their yard if their property is open for any visitors.
When owners fail to take precautions regarding a dangerous dog and it bites you, the owner should be liable for compensating your losses.
Dog Bite Liability Depends on the Laws of Your State
Of course, if the laws in your state mandate strict liability for dog bite attacks, it does not matter whether the dog was a dangerous breed or had previously dangerous behavior. The owner is automatically liable for injuries their dog causes solely by the fact they occurred. There is no inquiry into the animal’s prior behavior, and all you need to obtain compensation is the fact that a dog injured you.
The dog’s dangerous propensities come into play in states with a “one free bite” law. Then, the owner must take special care in the future once they learn that their dog has dangerous or vicious propensities. If you can show that the dog was dangerous, and the owner failed to take steps to protect you, then you may be entitled to financial compensation.
Your Financial Compensation for a Dog Bite Injury
If you have been bitten or attacked by a dog, you may be entitled to financial compensation regardless of the breed of the dog involved. Your burden of proof depends on the laws of the state where the bite happened. Some states apply the rule of strict liability, while others base liability on negligence and the individual animal’s history.
If you can meet your burden of proof with the right legal help, you should receive a settlement check for your injuries from the dog owner’s homeowner’s insurance policy. Your compensation might cover the following:
- Medical expenses to treat your injury
- Lost earnings
- Pain and suffering
- Scarring and disfigurement
- Loss of enjoyment of life
- Emotional distress
- Embarrassment and humiliation
How a Dog Bite Injury Lawyer Helps You
You usually need to negotiate before you receive full compensation, and you can do that with representation from a dog bite injury lawyer. Your dog bite injury attorney will estimate the value of your case and fight for full compensation. If the insurance company will not pay you everything you deserve, your dog bite injury attorney can file a lawsuit against the dog’s owner in court.
Hiring a dog bite lawyer can maximize the value of your case. It does not cost you anything out of pocket to get assistance from a personal injury attorney since they work on a contingency basis. Seek your free consultation now.