Usually—but not always—pet owners won’t be financially responsible when their dogs or cats injure vets, vet technicians, or groomers.By
As a general rule, owners of dogs, cats, and other pets are legally responsible (or “liable”) when their animals bite people or hurt them some other way. But when a victim sues to get compensated for the injuries, the pet owner might have one or more legal defenses to avoid liability. Under whats known as the “assumption-of-risk” defense, the owner may argue that the victim understood there was a danger of getting hurt but voluntarily took the risk anyway.
Courts in some states apply this defense when dogs bite veterinarians during treatment. After all, most vets understand that dog bites are an occupational hazard. Because they accepted that risk as part of their work, they may find their lawsuits thrown out if they sue the pets owners for the injuries.
Using the same logic, courts have found that the assumption-of-risk rule extends to vets assistants, vet technicians, groomers, kennel operators, and others who work with animals as part of their employment (see, for example, Priebe v. Nelson, 39 Cal.4th 1112 (Cal. 2006)).
Even when the assumption-of-risk defense would otherwise apply, there may be exceptions under certain circumstances. For example, an animals owner might still be liable for the injuries if:
Examples of Legal Issues Involving Vets
One court, for example, overturned a $25,000 jury verdict awarded to a veterinarian’s assistant. The court reasoned that there was no liability because of the conditions under which a dog had been treated.
According to the court, the dog was “in strange surroundings… held by two people he had never seen” and that constituted provocation.
Even dog-bite statutes, which make owners liable for dog bite injuries, typically do not apply when veterinarians are injured.
That is because many courts take the position that, because veterinarians take dogs under their control, they become “owners” while the dog is under their care, which relieves the actual owners from liability.
Other courts reason that a veterinarian, by treating a dog, is more prone to provoking the dog to bite, and provocation is a defense under most dog-bite statutes.
What many people do not recognize is that provocation does not have to be deliberate or cruel. It can be very innocent, such as a child accidentally stepping on a dog’s tail.
As with most legal principles, there may be exceptions if, for example, a dog was known by its owner to be dangerous, but the owner concealed that fact from the vet.
There may be a basis for holding the owner responsible if the dog injures the vet in that situation.
What does Las Vegas Consider a “Dangerous” or “Vicious” Dog?
An owner is responsible when his “dangerous” or “vicious” dog bites someone. An Animal Regulation Officer can declare a dog dangerous or vicious under Las Vegas Code §7.16 – Dangerous Animals.
Dog Bites Dog – Vet Advice
According to a report by the New York City Economic Development Corporation (NYCEDC), there are approximately 1.1 million pets in the city, roughly 600,000 of which are dogs. If you own a dog or interact with them while outside or in someone’s home, it’s important to understand dog bite laws in New York.
Unfortunately, the average age of dog bite victims is between five and nine years old, and many of these attacks are made by dogs the victim already knows. Whether a dog bite victim knows his or her attacker or not, anyone who has been attacked by a dog needs to know their rights.
The Kingston dog bite lawyers at O’Connor & Partners, PLLC have extensive knowledge in a wide range of personal injury cases, including dog attacks. We are committed to helping our clients recover from these difficult injuries by pursuing the maximum compensation they need and deserve to move forward with their lives.
Can you sue after being bitten by a dog in New York? The answer is: It depends.