What is a Dog Bite Lawsuit?
A dog bite lawsuit is a legal action taken by an individual who has been bitten or attacked by a dog. Dog bite incidents can result in serious injuries, physical pain, emotional trauma, and financial expenses, including medical bills and lost wages.
Approximately 20% of individuals who experience a dog bite require medical attention. [1]
Types of Dog Bite Claims
There are different types of dog bite claims that individuals can pursue depending on the circumstances of the incident. These claims typically fall into three main categories:
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Intentional Tort
In certain cases, a person may be able to sue for an intentional tort if the dog owner intentionally directed their dog to attack or if they knew that their dog had a propensity for aggressive behavior and failed to take proper precautions. -
Negligence
This type of claim arises when a dog owner fails to exercise reasonable care in preventing their dog from causing harm. Negligence may be established if the owner did not properly restrain the dog or failed to warn others about the dog's aggressive behavior. -
Strict Liability
Some states impose strict liability on dog owners, meaning that they are held responsible for any injuries caused by their dog, regardless of whether the owner knew about the dog's aggressive tendencies. Under strict liability laws, the injured person does not need to prove that the owner was negligent.
Laws regarding liability for dog bites also differ from state to state, with some states following the one-bite rule, which provides a defense to the owner if the dog has never exhibited aggressive behavior in the past.
Preparing For Your Case
When it comes to winning a dog bite lawsuit, thorough preparation is key. Once you’ve found an experienced dog bite lawyer, there are several steps to take in order to build a strong case.
Begin by documenting and gathering evidence related to the incident, such as medical records, photographs of the injuries, and witness statements. It’s also important to gather any relevant information about the dog and its owner, including insurance policies and contact details.
Keep track of any medical treatment received and the associated expenses. Understanding the laws pertaining to dog bites in your state is vital, as well as being aware of any statutes of limitations that may affect your case.
With all of this information, you can effectively communicate with your attorney to develop a strategy for pursuing fair compensation. Through careful preparation and collaboration with your legal team, you can increase your chances of success in your dog bite lawsuit.
Collect Evidence to Support Your Claim
Collecting evidence is necessary when filing a dog bite claim, as it significantly strengthens your case. By gathering the right evidence, you can increase your chances of winning a fair and just settlement. Here are some essential types of evidence to collect:
- Eyewitness Statements: Gather statements from anyone who witnessed the incident. Their accounts can help establish the dog's aggression or innocence.
- Lost Wage Statements: If your injuries prevented you from working, gather statements from your employer detailing the time you missed and lost wages as a result.
- Medical Records and Bills: Keep all medical documents related to your dog bite injuries, including doctor's notes, test results, and treatment plans. Medical bills should also be retained as proof of the financial impact.
- Photographs and Videos: Take pictures of your injuries, the location of the incident, and the dog responsible. Videos showing the dog bite experience can be especially valuable evidence.
- Preserving Physical Evidence: If the dog caused any damage to your belongings, preserve them as evidence. This could include torn clothing or damaged personal property.
Gathering Medical Records and Bills from Treatment
One important aspect is gathering all medical records and bills related to your dog bite injuries and treatment. Here’s what you need to do:
- Compile Related Bills: Keep track of all bills associated with your medical care. This includes expenses incurred due to the dog bite incident, such as emergency room visits, doctor's fees, medications, medical procedures, lab tests, and any other treatments received.
- Gather Medical Records: Collect all medical documents pertaining to your dog bite injuries. This should include records of the initial treatment you received, as well as any follow-up appointments, surgeries, or rehabilitation. These records will help establish the extent of your injuries and the necessary medical care you required.
- Include Photographs: Provide copies of any photographs taken of your injuries before and after receiving medical treatment. These visuals can serve as powerful evidence to showcase the severity and progression of your injuries.
By gathering and preserving your medical records and bills, you ensure that you have strong evidence to support your dog bite lawsuit and increase your chances of obtaining fair compensation for your injuries and related expenses.
Identifying Witnesses of the Incident
When preparing a dog bite lawsuit, gather strong evidence to support your case. One essential element is identifying and documenting witnesses to the incident.
- Document Statements Carefully: As witnesses share their statements, meticulously document their accounts. Take thorough notes or record their statements if they give consent. Accuracy and attention to detail are helpful, as these statements will help build a strong case.
- Gather Witness Statements: Approach each witness and ask them to provide a detailed statement regarding the incident. Encourage them to include specific details about the dog's behavior, such as signs of aggression or provocation. Also, ask if they can recall any circumstances that may have contributed to the attack, such as the dog's history or the owner's negligence.
- List all Possible Witnesses: Make a comprehensive list of anyone who witnessed the dog bite incident. This could include bystanders, neighbors, or anyone else present at the scene. Ensure you collect their full names and contact information, including phone numbers and email addresses.
Including witnesses and their statements in your dog bite lawsuit can provide valuable insight into the incident and support your claim.
This evidence can help prove the dog’s aggressive behavior, establish liability, and demonstrate the impact of the attack. By following these steps, you increase your chances of a successful outcome in your dog bite lawsuit.
California had the largest number of claims in 2018 followed by Florida. California also had the highest average cost per claim at $45,543. [2]
The Importance of An Experienced Attorney
In a dog bite lawsuit, it is important to hire a knowledgeable attorney to safeguard your rights and achieve a just resolution. An attorney can use their knowledge of the law and expertise in personal injury cases to handle the complex legal defenses that may arise in dog bite cases.
Legal defenses such as the one-bite statute, provocation defense, or the assumption of risk can complicate the process of holding the dog owner accountable for their negligence or intentional actions.
Furthermore, an experienced attorney can provide you with guidance on negotiations with insurance companies and the dog owner. They can advocate for your best interests and work to obtain a fast and fair settlement offer that covers your:
- Emotional trauma
- Lost wages
- Medical expenses
In a dog bite lawsuit, it is important to act promptly, as a statute of limitations dictates the deadline for filing a claim. Goldberg & Loren assists dog bite victims with legal proceedings and offers free consultations to provide legal advice. Contact our dog bite injury attorneys today to discuss compensation for any existing dog bite injuries you may have.
Sources
[1] Alessio-Bilowus, D., Kumar, N., Donoghue, L., Ridelman, E., & Shanti, C. (2023, July 1). Factors affecting length and complexity of hospital stay in pediatric dog bite patients. Trauma Surgery & Acute Care Open. https://doi.org/10.1136/tsaco-2022-001071
[2] Sassian, M. (2019, April 9). Triple-I Blog | Dog Bite Liability Claims by State – Interactive Map. https://www.iii.org/insuranceindustryblog/dog-bite-liability-claims-by-state-interactive-map-draft/
