Legal Rights of Victims of Dog Bites and Animal Attacks
But who is responsible when the worst happens? Sometimes, the victim did something to instigate an attack, which may or may not ruin his or her chances of recovering damages. And sometimes the animal owner did nothing that might be considered negligent; accidents do happen.
If you have been bitten by an animal, or if you are concerned about the legalities concerning your legal rights when it comes to animal bites, this article will serve to answer many of your questions.
Attorneys
If you have been bitten by an animal, no matter what the species or breed, it is best that you retain legal counsel. An attorney can help you identify your options and come up with a strategy for recovering damages. An attorney will also be able to advise you of the laws in your particular state that concern animal bites.
Many attorneys charge nothing for an initial consultation, during which time he or she will advise you about your case. You should be able to determine from that consultation whether or not you will be able to recover damages, and if the court process is worth the end result.
If you aren’t sure how to find an attorney, visit Lawyers.com and run a search for attorneys in your city and state. From that list, you should be able to find counsel that can help you with your case. Generally, there aren’t attorneys that specialize in animal bites, so it is best to find a general practice lawyer.
Strict Liability
In some states, animal owners are bound under what is called strict liability, which means that the animal owner is responsible for animal bites and attacks regardless of the circumstances. This means that even if the breed isn’t known to attack, and even if the owner has done everything in his or her power to properly restrain the animal, if it bites someone, then the owner is legally liable for the damages.
In this case, the victim has every right to pursue a civil suit against the owner to recover damages. In most cases, the court will award the entire cost of medical bills, court costs, and pain and suffering.
Dangerous Propensities
In states where strict liability is not enforced, cases are determined individually depending on the animal. When the case goes to court, the judge must determine whether or not the animal owner knew that the animal had dangerous propensities, or was likely to attack. Some breeds, such as pit bulls and rotweilers, are known to become aggressive when cornered or provoked. If such an animal was involved in an attack, the owner would be held liable because the animal was known to have dangerous propensities.
This would also hold true for an animal that has been involved in two or more attacks. For a typically mild breed, the first attack might result in the owner not being held responsible. If the animal were to attack again, however, the second victim would be able to recover damages because the owner knew that the animal possessed dangerous propensities.
Contributory Negligence
None of this means that a victim remains free of blame. There are some instances in which a victim is held liable for the attack, and is unable to recover damages. This usually occurs when an animal owner claims contributory negligence, or the fact that the victim provoked the attack themselves.
For instance, if an animal owner tells guests that their dog is dangerous, and keeps the animal locked in another room, then the owner has made it clear that no one should go near the dog. If a guest goes into the room, having been advised against it, and is attacked, then the owner can claim contributory negligence. The owner must be able to prove that he or she took measures against the possibility of an attack.
The same goes true for someone who enters a backyard guarded by a “Beware of Dog” sign. In this case, the owner has taken the proper steps in letting people know that a dog is in the backyard, and if such warnings are ignored, the victim is responsible for his or her own actions.
Other Responsible Parties
In some cases, an animal owner may not be the only person liable for damages. If a landlord allows a dangerous animal to reside in an apartment, townhome or condominium, then the landlord might be responsible for damages if the animal bites someone. The same goes for a property owner; if he or she allows renters to keep a dangerous pet, then they might be liable for attacks and bites.
Animal sitters, pounds, kennels and dog walkers can also be held liable. If an animal owner leaves their pet in the care of another party, then that person may be held liable if they were responsible for the animal when the attack occurred.
Damages
In most cases, the damages recovered for an animal bite will be minimal. The victim is usually entitled to medical and treatment costs, which can include x-rays, emergency room care, ambulance fees, prescriptions, physical therapy and related doctors’ visits. The judge can also award pain and suffering, which is an amount of money awarded to the victim for any extraneous pain he or she endured as a direct result of the animal bite.
In some cases, the judge will award lost wages for the victim if he or she was forced to miss work because of the animal bite. For example, if the victim worked in a job that required walking and his leg was bitten, he could not go to work until the wound was healed. For this, the judge might award a certain amount of lost wages. And if property damage was part of the claim, then the animal owner or responsible party will probably have to pay for that as well as any medical costs.
Punative damages are rarely awarded in these types of cases because it is very difficult to prove. Punative damages are monetary judgements awarded when the responsible party was grossly negligent. Negligence occurs when the animal owner leaves the gate open or the dog accidentally slips out of its leash. For an owner to be determined grossly negligent, he or she would have to have purposefully and maliciously provoked the attack.
