Being attacked by a dog is the stuff horror movies and nightmares are made of. No one likes to think about it; even reading this article is enough to send shivers down your spine! The ugly truth here though is that almost 5 million dog bite injuries happen in the U.S each and every year. We all do what we can to prevent them but the sad fact is that they will continue to happen; it’s all about the law of probability. Here is how you can prove liability if you, or anyone you know, is bitten by a dog.
Who Is Responsible?
The law is very clear about dog bite injuries and dog owners are forced to comply with these laws. The sad truth here is that a lot of dog bite victims are children, and being attacked by a dog can do more mental harm than physical harm, if the child is lucky to get away with only a few tooth marks. You need to be able to determine who is responsible when there is an attack. There are certain mitigating factors for the dog-owners that your Dog Bite Lawyers will make you aware of.
In order to prove liability, your lawyers will want all of the pertinent information surrounding the incident. Even though this will be an incredibly stressful time for you, try to make sure you get the dog owners details, contact details and also statements from any witnesses – as well as photographic evidence. You also need to make sure you give them any medical case reports and associated invoices, and if the attack is severe enough then they will also need the police report.
Although most dog behaviour is environmental, there are some breeds that are just more genetically prone to aggression. Certain animals, especially bigger ones are just used to having to attack to eat – dogs are not vegetarians. That does not mean that you can’t get a bigger dog or should be scared of all big dogs, it just means you need to be aware of the pitfalls in certain breeds. If you are attacked by a large-breed dog, such as a Rottweiler, when you are out for a stroll in the park, then it will be easier for you to prove liability when you case goes before a judge. If someone dies because they were attacked by a dog that is known to be aggressive and the owner is proven to have been negligent in some way or another, that dog owner can be held up on manslaughter charges.
Negligence versus Liability
It is important for you to understand that there is a big difference between negligence and liability. Liability is a legal term for responsibility. The owner is usually responsible when their dog bites someone, regardless of what state you live in. Negligence is when that owner does something wrong or fails to do something they are meant to, like keeping their dog in their yard or properly leashed.