What Is Dog Bite Liability?
Dog bite liability is very complex and varies from state to state. Over the last few decades, dog bites have increased throughout the United States; many localities are beginning to look at changing their traditional approach to dog bite liability.
Traditional liability laws put more of the responsibility on the owner and less on the victim, even though children tend to be more responsible for their own safety than adults. As a result of the increase in dog bites, victim’s rights groups have begun working to change liability laws in several states.
Factors that affect dog bite liability
Factors that affect dog bite liability include the owner’s behavior, the victim’s behavior, the dog’s behavior, and whether or not the victim was trespassing on private property. In order to be liable, one or more of these factors must be present in every case where a dog bites a person.
The traditional approach to dog bite liability has been to find out who was at fault — whether it is the owner or the victim. If a child has been bitten by a neighbor’s dog and that child was trespassing on private property at the time, then there is little to no chance of that owner being held financially responsible. If, on the other hand, a neighbor’s dog runs onto private property and bites an adult, that person might be able to hold the owner liable for his injuries.
Is The Owner Of Dog Liable For Dog Bite?
Actually, anyone who owns or keeps a dog is liable if that dog bites someone. He can be brought to book by hiring a dog bite lawyer to file a dog bite lawsuit against that person. If someone does not own or keep a dog but they bring that dog onto someone else’s property and then it bites someone, the owner of that property may be liable; however, permission from the owner must be given first before bringing a dog on to their property.
The age of the victim & Dogbite Liability
The age of the victim can also have an impact on liability lawsuits for dog bites. For example, an adult victim may have a better chance of winning in a lawsuit than a child would. The reason for this is because children are more likely to push, poke and tease animals (including dogs); as are some adults. One study showed that victims injured by the family dog were more likely to be young children, physically small, and at the highest risk of injury to the face.
There are several specific circumstances under which dog owners may be held responsible for unintentional injuries caused by their dogs: these include negligence, that the owner knew the dog had aggressive tendencies or that the victim was injured while on public property. According to one source, dog bite claims decreased in states with strict liability laws.
The easiest way to prove negligence is to show that the owner knew, or should have known, that his dog was likely to bite and cause injury. Factors like breed and temperament may be considered because many dogs of certain breeds are generally more playful than others; or more aggressive than others. Also, if an owner had been told by a veterinarian, a trainer, or even a family member that the dog was likely to bite and cause injury, and he or she still continued to own the dog, he could be guilty of negligence.
For this reason, it is important to know what your state’s laws are regarding dog bites; also how they handle cases where the victim has been injured by the family dog. There are several steps that you can take in order to avoid being bitten by a dog or injuring someone else who has been bitten by a dog, including:
- Avoiding direct eye contact with dogs as they consider this aggressive behavior.
- Approaching dogs slowly and giving them plenty of room.
- Never disturb a dog that is eating or sleeping.
- Never run from a dog and scream, as this will trigger some dogs to chase and attack.
- Be sure to keep your hands by your sides when approaching a strange dog; most bites occur on the arms or hands of the victim.
How To Save Your Child From Dog Attack?
Anytime you bring out a baby stroller, whether, for your child or your pet, it is important to keep the stroller in your line of sight at all times. This will prevent not only accidents with other vehicles and pedestrians but also dog attacks. When you bring out a dog in a baby stroller, potential attackers may see that the end result of attacking your animal could be painful for them as well.