Dog Bites
Although they are often treasured members of the
family, dogs occasionally pose a risk to people,
primarily in the form of biting. In most cases, owners
are responsible for ensuring that their animals do not
cause injury or harm to others. Depending on the
circumstances surrounding a dog bite, an individual who
is bitten may be entitled to receive damages from the
dog’s owner (or the owner’s insurance company). These
damages include medical bills, pain and suffering, lost
wages, and (in some cases) punitive damages.
Typically, a dog owner is considered liable if he knows
his pet had a tendency to bite, if there is a dog-bite
statute in place in the state where the bite occurred,
or if the bite occurred because of the owner’s
negligence. Typically, there are three kinds of laws
that may be used to establish liability: common law
(generally referred to as the one-bite rule), a dog-bite
statute, or tort law based on a theory of negligence.
Common Law
Basically under the common law one-bite rule, liability
is enforced only when the owner had reason to believe
that the dog might bite. The rule is based on the theory
that since biting someone is the most obvious indicator,
the dog is allowed “one bite” before the owner would be
expected to know that the animal was potentially
dangerous. It should be noted, however, that there are
numerous behaviors that can be used to establish a
propensity for biting, such as an established pattern of
growling, snapping, fighting with other dogs, or barking
menacingly. Despite the current notion that some breeds
are more prone to biting, most courts will not use breed
alone as an indicator that a dog was a potential danger.
Dog-Bite Statutes
Due to the high-profile nature of a few dog injury
cases, many states have enacted special statutes that
deal specifically with dog bites (and other injuries
caused by dogs). These laws are designed to establish
liability without the owner being “at fault” in the
incident. Missouri has not enacted such a statute.
Negligence
Generally speaking, negligence is a very broad legal
issue. The matter of dog bites is no different. A court
will weigh all of the facts of a case to determine
whether a bite was the result of negligence on the part
of the owner. Negligence can often be established if the
behavior that led to or contributed to the bite was in
violation of the law (e.g., not having a dog properly
leashed).
It is important to note that there are also
circumstances that may negate dog-owner liability.
Examples of these circumstances include:
- The individual was trespassing or breaking the law.
- The individual provoked the dog.
- The individual behaved carelessly (and that
carelessness resulted in the bite).
- The individual knowingly put himself at risk of being
bitten.
If you have been bitten by a dog belonging to another
individual, you may be entitled to compensation for your
injury. The process of gathering the appropriate
information and establishing liability can be very
complex. It is strongly advised that you seek the advice
of a qualified attorney as soon after the bite as
possible.
If you or a love one has been a victim a dog bite,
please don’t hesitate to call Peterson & Associates. Our
experienced attorneys can be reached for a free
consultation by calling 816-LAW-FIRM, or by
clicking here to submit
online.
For more information:
Personal Injury FAQs
Personal
Injury Legal Glossary
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