Animal Bite Law
Guide to Dog Bite and Animal Attack Law
Animal Bite Laws are created at the state level, through statutes and common law, so they vary across the U.S. These laws help to determine if a pet owner is liable when his/her animal bites someone. When a person is injured by an animal bite, the bite victim may sue the animal’s owner or another responsible party for damages, under Personal Injury Tort Laws.
Other parties that can also be held liable for damages caused by an animal bite include: animal keepers, who are responsible for the care and custody of an animal, such as a kennel, pound or animal sitter; property owners, when they have allowed the animal on their property; landlords, if they knew that their tenant owned a dangerous animal; and parents of minors who owned the animal or behaved negligently with an animal which led to injury.
Most states impose strict liability laws with regard to animal owners. This means that an animal owner is legally responsible for his/her animal biting, regardless of whether the owner showed actual negligence or fault. In these states, if the animal injures a person, the owner will be liable for any damages the person suffers as a result of the dog bite, even if the animal had never shown vicious tendencies before, or the owner had no knowledge of these tendencies.
The only defense the animal owner may have in these cases is intentional provocation of the animal by the victim, which means inciting, encouraging, or provoking the animal to bite. Additionally, law enforcement agencies that use dogs in the apprehension of criminal suspects may be exempt from liability.
In other states, the owner’s liability is dependent upon his/her knowledge of the animal’s dangerous or vicious propensities. If the victim can show that the owner had knowledge that the animal was dangerous and could injure someone, the owner may be liable for damages when his/her animal causes injury to someone. However, if the animal owner adequately warned others of the dangerousness of the animal and took the proper measures to keep the animal from others, there may be no liability, due to contributory negligence. This means the victim contributed to his own injury by failing to exercise reasonable care and knowingly taking the risk of being injured by the animal.
The damages that can be recovered in a successful animal bite claim include medical expenses, lost wages, pain and suffering, and property damages. Although it is sometimes possible to recover punitive damages, but to do so it must be shown that the responsible party was not merely negligent, but was actually reckless or intentionally incited the injury.
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Articles on HG.org Related to Animal Bite Law
- Potential Defenses to a Minnesota Dog Bite CaseDog bite cases are frequently an issue when the owner does not contain the animal, the pet has broken free of confinement or the owner is not able to contain the creature within the home. To mitigate the damage, the owner must defend himself or herself from these cases when none of these factors exist and the individual taunted the dog.
- Liability for Dog Bites in CaliforniaWith over 4.5 million dog bites a year and 800,000 medical visits annually in the United States, the potential for liability is particularly worrisome to dog owners, especially with certain breeds. It is also problematic for those of us that share the walking paths, parks or city sidewalks with these pets. Learn more about what to do if you’ve been bitten by a dog in California.
- I was Bitten by Neighbor’s Dog, Police Cannot Help. Should I ask the Condo to have the Dog Removed?There are situations where animals are permitted to remain while leashed, but if the owner has knowledge that the creature may bite, he or she may be liable for damages or a remedy to the circumstances.
- Don’t Let Irresponsible Dog Owners Get Away with ItThere are no bad dog breeds–only bad dog owners.
- Application of the One Bite Rule in Dog Bite CasesAnimal attacks are common in areas where there are forests and family home developments. However, many of these dogs are carefully managed by their owners. In some instances, they are provoked or instigated into biting another person. On occasion, they attack an innocent with no seeming reason.
- The Strict Liability Rule in Dog Bite CasesWhen the owner of a dog faces the incident where his or her pet viciously attacks and bites someone else, he or she may face the possibility of paying out damages to the victim.
- What Is Strict Liability in Animal Attack Cases?Some states hold an animal owner strictly liable when his or her animal attacks another person. This legal theory is used most often in cases involving dog bites.
- Defenses that May be Raised in a Dog Bite Injury CaseDog bite cases are not uncommon in rural areas or where suburban communities are located. Animals are usually behind a fence, in a yard, tied up or on a leash with their owners. However, there are occasions when the dog is able to get loose and harm another.
- Georgia Personal Injury Laws - What You Should KnowIf you are injured in the State of Georgia, there is a statute of limitations requirement you need to know about. From the date of your injury, you have up to two years from that date to file a personal injury lawsuit. This “statute of limitations” applies to all personal injury-related cases. After the two-year window expires, you may lose your right to file a claim or receive monetary compensation.
- What You Should Know About Dog Bites and When You Can Request CompensationCompensation payments owed for dog bite claims through an insurance company may be complicated and lead to severe aggravation. It is possible a personal injury lawyer is needed to ensure a settlement is reached and allocated to the victim of these attacks.
- All Tort and Personal Injury Law Articles