Who’s Liable for Falls Caused by Dogs?
People of all ages are seriously injured every day from tripping over or being knocked down by dogs. Even friendly dogs can cause severe physical injuries by knocking over or tripping an unsuspecting person.
Remember that even when a friendly dog knocks you down, it’s still an attack. Failure of the dog owner to control their dog makes them liable, meaning legally responsible, for the injuries to the person who was knocked down.
The most common non-bite dog injuries are from falls.
Large dogs can cause falls by leaning against a person. All sizes of jumping dogs knock people over, and smaller dogs can easily trip a person by running between their legs or flopping down in the path of someone’s feet.
A bruised knee and torn pantyhose from tripping over a loose Yorkie at your cousin’s outdoor wedding won’t be much of a basis for an injury claim, especially if your treatment was limited to a couple of glasses of wine and a bag of frozen peas.
On the other hand, if Grandma tripped over the little dog and broke a hip, her injuries are serious and her damages substantial. Small children and the elderly are generally at higher risk of injury from non-aggressive dog attacks.
Negligence makes a dog owner responsible, or liable, for the injured victim’s damages. Damages include medical expenses, out-of-pocket costs, replacement services, lost wages, property damage, and pain and suffering.
In some states, a dog owner is liable for the actions of their dog even if the owner isn’t negligent.
When a dog owner is proved to be liable for damages, the owner is legally obligated to compensate the injured victim. In most cases, the owner will rely on their homeowner’s insurance liability coverage to pay for the damages.
Sometimes a dog owner won’t be legally liable for accidental injuries, even if the owner was negligent.
Complicating the issues of negligence and liability are the various state and district dog laws, most importantly the “one-bite” and ‘strict liability” rules.
How Are Injuries Caused When Dog Knocks Me Over?
Large dogs can knock a person or a child over by jumping on people. Dogs can also lean against a person causing them to fall over.
Smaller dogs can easily trip a person by running between their legs or flopping in front of them while walking.
Dogs can also cause bicycle or car accident injuries by chasing or getting in the pathway. A dog can also cause a person to fall down stairs, onto a curb, or down a hill.
These are some of the non-bite injuries causing injury to a person. The dogs may even be friendly, but an injury caused by a dog can still have consequences even if there was no intention to hurt. Non-aggressive dog attacks by friendly dogs are still an attack and can cause serious damage or harm.
Chains, Fences, and Warning Signs
Courts are likely to find that an owner has taken reasonable precautions if the dog is confined on the owners property with a “Beware of Dog” sign. But a warning may not always be necessary. A court found that a dogs owners werent liable for their house guests injuries when the guest fell down the stairs when the hosts dog growled from another room. The court found that the owners had taken reasonable precautions by keeping the dog behind a locked gate, and they didnt need to warn the guest about its presence. (Partipilo v. DiMaria, 570 N.E.2d 683 (Ill. Ct. App. 1991)).