When a person is injured in a dog bite attack, they must prove multiple factors to bring a successful personal injury suit. Laws can vary by jurisdiction, but certain commonalities exist. This article discusses some of those factors, and it tells victims what to expect in a dog bite case.
Dog Owners Should Know Their Animals
In areas with no dog bite laws, the rule is that owners are liable for the bite only if they were aware of the dog’s aggressive tendencies. Proof of a dog’s prior behavior is normally sufficient; for instance, if an owner knew that their dog did not respond well to small children, they could be liable if the dog attacks a child.
Plaintiffs and visit us website can also introduce circumstantial evidence that may prove that the dog’s owner was aware that the dog might bite. Evidence such as the dog’s previous aggressive behavior or the fact that the animal was used as a watchdog may be considered. However, a dog bite law may omit the requirement that the defendant must know, or should have been aware of the dog’s tendencies, as discussed below.
Dog Bite Laws
Most areas have dog bite laws, but the statutes’ exact nature can vary. However, most laws omit factors that were required in the past for dog owner liability; for instance, an owner’s requirement to know about the dog’s behavioral tendencies. If a plaintiff can prove that the dog’s owner violated the law, they and their personal injury attorney in De Pere, WI can win a suit.
Harm to a Victim
A primary element in dog bite lawsuits, regardless of local statutes, is that the dog bite must cause damages. If harm was slight, the victim’s recovery would be small as well. Plaintiffs should remember that pain and suffering damages could include emotional damages as well. Even if a bite only causes a small amount of harm, a plaintiff could still be emotionally traumatized.
If the plaintiff provoked the animal in some way and they were bitten as a result, that fact can provide a legitimate defense. However, some areas’ statutes do not allow provocation defenses. In areas where such defenses can be used by personal injury attorneys in De Pere, WI, it is the plaintiff’s responsibility to document that they didn’t provoke the animal.