Does a dog have to be destroyed if it bites someone? Here’s What to Do Next

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Why Do I Need an Official Report?

Either Animal Control or the police will make an official report of the incident when you report a dog attack. The report will describe the incident in the way you said it occurred. If you decide to file a personal injury claim in the future, the police or Animal Control report is an official document that provides evidence for your case.

What Legal Actions Can I Take Against a Dog Owner for a Bite?

Weve outlined the above steps to take post-injury in part so that you can ensure your legal rights are protected. If you want to hold an animal owner legally responsible for your injuries and related losses (“damages” in the language of the law), there are usually two main avenues for doing this:

  • File a claim with the animal owners insurance company (if the liability provisions of a homeowners, renters, or other insurance policy apply to the underlying incident) and negotiate a settlement.
  • File a lawsuit in civil court against the animal owner (here any applicable insurance policy will also cover any court award you receive if your case is successful). Remember that out-of-court settlement can still occur at any point on the personal injury lawsuit timeline.

    • Of course, getting compensation for dog bite injuries from the animals owner (or an insurance company) isnt a given. Thats especially true if one or more legal defenses might be in play.

    Dog Owner Defenses to Bite/Injury Liability

    The details vary from state to state, but a dog owner might be able to avoid some or all legal responsibility for injuries caused by their animal if they can prove that:

  • the injured person was trespassing at the time of the incident
  • the injured person teased or otherwise provoked the animal, and/or
  • the injured persons own recklessness or carelessness caused or contributed to the incident. (Learn more about reducing or limiting an animal owners liability when a dog-bite victim is partly at fault.)

    • Even in states with strict liability dog-bite statutes (discussed above), those laws usually wont apply if the victim provoked the dog or was trespassing at the time of the injury. Learn more about legal defenses for dog bites and other injuries.

    Dog Laws. How to Save Your Dog’s Life After She Bites Someone