DOG BITES

What Defenses Might the Dog Owner Use?

Laws in each state dictate certain specifics, but a few common arguments are typically used by opposing attorneys in defense of dog owners. Some of these defenses are:

Provocation – A dog owner could claim innocence by saying the victim was provoking the dog just before the bite. Gestures of provocation could include poking the dog with a stick or backing the dog into a corner, then flailing one's arms aggressively to incite fear.

Trespassing – Some legal protections are provided for trespassers, but a state's statutes concerning dog bites could require that a victim prove the dog bite took place in a spot where the victim was legally allowed. If this rule applies, an injured individual won't be able to recover damages if bitten while trespassing.

Assumption of Risk or Contributory Negligence – If the dog's owner had already warned the victim adequately about the dog, but this was disregarded, then the owner can argue that the victim has at least partial blame for the injuries. If successfully argued in court, this point could reduce or completely eliminate the victim's ability to recover any damages.

Highly skilled attorneys here at Dash Injury Law Firm have a proven track record and sufficient experience to refute and dismantle the opposing counsel's tactics like those mentioned above. Now, let's examine the types of damages victims can recover in a dog bite lawsuit:

Medical Expenses
Among the medical expenses incurred by someone who has been bitten by a dog are charges for the emergency room, X-rays, technicians, physicians, physical therapy, medication and psychologist visits. Depending upon the severity of the attack, there might even be charges for a hospital stay and/or intensive care.

Should the victim already have a pre-existing physical condition that is aggravated by the injury, the total for all medical expenses could be high. A common rule of thumb says if you cause hurt to someone, then you bear the responsibility for any injures caused by your action, even if a pre-existing condition made the injuries worse.

As an example, if an elderly person who has a bad back is knocked down and bitten by a dog, any resulting back surgery required is still the fault and responsibility of the dog owner. Surgery and recovery expenses will be included in the claim for damages.

Pain and Suffering
Any bite from an animal is bound to cause pain. Depending on the severity of the attack, the pain can be excruciating. Dealing with physical pain and extensive ongoing medical procedures can be incredibly taxing.

The horrific trauma of the attack can produce a lifelong devastating fear of dogs, making it difficult to ever walk down the street again. Add to this the anxiety every time a dog bark is heard, the shock, the depression and the sleeplessness. Post-traumatic stress disorder (PTSD) can occur in some cases. If the victim's doctor believes that the pain and emotional trauma will continue, the court may award the victim compensation for future pain and suffering.

Loss of Income
Because victims must miss time from work for things like hospitalization, medical diagnosis, doctor visits, treatment, rehabilitation and recuperation, the victims can be compensated for their lost income. If the injury is such that it adversely affects their future ability to work, the victims can also receive compensation for loss of earning capacity.

Loss of Consortium
Injuries that negatively impact the relationship between the victim and a spouse may be compensated due to “loss of consortium.” This entails lost intimacy or companionship. In certain states, compensation may be allowed for the negative impact on a parent/child relationship if one is injured.

Punitive Damages
If a dog owner's behavior is especially reckless, the court may make him or her pay an additional amount. This extra amount is called “punitive” damages and is intended to punish the owner financially and make a strong statement to help prevent any future similar behavior.

In a state using a “strict liability” statute, punitive damages will likely not be allowed. This type of statute holds the owner responsible for the dog bite no matter what the dog's history is nor how careless the owner was.

If a victim is deemed to be partially responsible for the injury, the total compensation amount may be reduced. When the victim shares part of the blame, the laws in some states require the compensation amount to be lowered by the percentage amount of blame accounted to the victim.