What Caused the Injuries?
Property owners owe visitors to their land a reasonable standard of care in order to keep visitors safe. This includes keeping animals under control and alerting people of dangers such as vicious or aggressive dogs who bite, with any history. A person injured from being bit on private property may be eligible to seek compensation for medical bills, lost income and any damages sustained as a result of being attacked on private land.
If you find yourself the victim of a dog bite attack on private property, it is crucial that you document everything as soon as possible. Take photographs of any injuries sustained and any damaged personal property; speak to any witnesses if possible; receive medical care immediately in order to treat injuries sustained and obtain a tetanus shot if required.
Some states still maintain common law “one-bite” rules, while others have passed strict liability laws that hold owners liable regardless of their knowledge that their dogs could cause harm to another. These laws typically include exceptions for trespassers or anyone who provokes a dangerous dog.
Personal injury attorneys can help you build a compelling case to demonstrate the dog owner was negligent for your injuries. Evidence to cite to demonstrate this can include evidence such as past aggressive behaviors from the animal and any previous complaints filed about it as well as circumstances which show they should have known about its tendency towards attacking people.
Was the Injured Person Provoked by the Dog?
Dog owners may attempt to sidestep liability in a lawsuit by alleging that their injured party provoked the animal. Provocation refers to anything which causes a drastic change in a dog’s behavior and causes them to react out of self-defense; exactly what constitutes provocation depends on state laws and previous court decisions; for instance toddlers tend to hug strange dogs, pat them hard on the backs, playfully pull tails of unknown dogs while hugging strangers closely, so this action could constitute provocation and allow the owner to escape liability in case their animal bites them due to these activities if this action provoked it may claim provocation from liability claims made against him/her by saying the child provoked the animal against which the owner could claim provocation as the dog was provoked into biting action from it’s own owner who’d been provoked.
However, to effectively employ the provocation defense, an owner must demonstrate that the actions of those who caused harm went beyond simply startling an animal or accidentally intruding on its territory. To support their claim they can present security video, witness statements and vet records as evidence.
An experienced legal representative can review the facts of your case to ascertain if you have a strong legal claim against its owner and file suit to recover medical expenses, lost wages and other damages from them. In addition to seeking immediate medical attention after an attack has taken place, make sure that photos are taken of injuries suffered, damaged clothing and property at the scene of an attack for evidence purposes.
Was the Injured Person Trespassing on Private Property?
Trespassing can have a huge effect on the legal outcome of a dog bite case. In states such as Colorado, property owners owe a duty of care to anyone entering their property, even if there are posted signs that warn about “No Trespassing” or “Beware of Dog”. Meanwhile in other states like New Jersey a dog owner could still be held liable if someone who was trespassing was bitten while there.
Proof must exist that you breached your duty of care to prevent dog bites on your property in order for the plaintiff to obtain compensation for their injuries, such as witness statements or medical records.
An attorney in Las Vegas who specializes in dog bite cases can assist you in exploring all your legal options, as well as potential legal defenses available to you in cases . A common defense is claiming the victim provoked your dog into biting by taunting, hurting, or threatening it; other strategies might include evidence of aggressive behavior from your dog (clenching teeth, growling noises, barking from behind fences etc) as a proof your animal was dangerous; finally proof that violated county or local animal control laws could prove your responsibility and contribute to this tragic incident.