Identify the dog and its owner Immediately identify the owner of the dog or the person who had custody of the dog when it attacked you. Obtain the names and addresses and request proof of rabies vaccination. If this information cannot be obtained, you may be forced to undergo a series of rabies shots, which are expensive (exceeds $3,000).
Seek medical care Depending upon the severity of the dog bite, contact first responders (9-1-1) for immediate medical attention or have someone drive you to emergency care. Always seek professional medical treatment after being bitten or attacked by a dog. The risk of infection from a dog bite is far too great to ignore.
File a dog bite report After youve been medically treated — even if the injury was minor — file a dog bite report with the proper city or county authorities. This legally documents your case and provides help to the next victim who may be bitten or attacked by the same dog. Without a paper trail, authorities cannot enforce effectively.
Gather more information After identifying the dog and its owner, find out more about the dog. Obtain the dog license information and any records pertaining to its previous history. Has the dog bitten or attacked a person or animal prior to biting you? Has the dog been legally designated “potentially dangerous” or “dangerous” by authorities?
Photograph your injuries Take photos of your injuries, even if you need to unwrap gauze. Confer with a doctor or nurse as needed. They will tell you a safe manner in which to do so. It is also recommended that you photograph all of your wounds, including bruises, as well as all torn, bloody clothing and the location of the dog attack.
Contact an attorney Contact a dog bite attorney right away. The legal issues surrounding dog bites are always complex and difficult to navigate through. Your dog bite lawyer (or personal injury lawyer) is the only person besides the medical doctor who treats your injuries that will look after your best interest from this point forward.
Begin a journal If you seek medical compensation for your injury, start a journal as soon as you can. Spend a little time each day recording your thoughts for the few first weeks after the attack. Dog bite claims often take several years to complete. Anticipate keeping this journal on a weekly basis over the course of this time.
Dog bite law is a combination of city, county and state laws. To our knowledge, there is no single website that combines all of these resources. The below links, however, provide a good starting point to understanding dog bite victims rights and the legal terminology used in dog bite laws.
Dog Bite Law: The most trusted dog bite law website on the Internet is DogBiteLaw.com by attorney Kenneth Phillips. His website provides a wealth of information for dog bite victims, attorneys, dog owners, landlords and parents. The website also provides detailed information on state dog bite laws for all 50 states.
For Dog Bite Victims: This is a section within DogBiteLaw.com written for people who have been bitten or attacked by a dog. Learn about your legal rights as a dog bite victim; the “one bite rule” in some states; landlord liability for dog bites; homeowner association liability for dog bites; humane society liability for dog bites and more.
Finding A Lawyer: The best way to find a dog bite lawyer in your area is to search Google by typing, “your city, dog bite lawyer.” You can also search our dog bite attorney directory. Initial consultations are free (learn about contingency fees). Do not hesitate to contact more than one attorney before making a final decision.
How can my state’s dog bite law impact a case?
A state’s dog bite law may or may not impose strict liability on dog owners for their pet’s attack. If it does not impose strict liability, the victim will have to show that the dog owner was negligent. This additional element of a case can make it more difficult to prove. This can alter a verdict or settlement amount.
Generally, there are 2 different types of dog bite laws:
the “one bite rule,” and
strict liability laws.
Some states use the one-bite rule. There, dog owners will only be liable for a dog bite if the victim can show that the owner knew or should have known of the dog’s dangerous tendencies. It is called the one bite rule because a prior bite is strong evidence that the owner was aware of the danger. However, other evidence, such as an animal control officer’s testimony or records, may suffice, as well.
Most states, however, use strict liability rules for dog bites. In these states, the dog owner is held liable for any injuries caused by their pet, even if the owner did nothing wrong.
However, trespassers may not be able to use strict liability laws. They often have to prove that the owner was negligent in some way.
It is easier to succeed in a dog bite case in states that use a strict liability law. This can change the verdict or settlement that a victim can expect.
Contact an Attorney about Dog Bite Issues
Dog bite laws vary by state and often are confusing combinations of the “one bite” rule and county ordinances, state law, and case law. Trying to decipher when a person is liable for their dogâs actions can be hard to understand. But you donât have to do it alone. Speak with a local personal injury attorney today.
What Happens if my Dog Bites Someone? A Legal Perspective
There is no specific limit to how much money a plaintiff can seek by way of a dog bite lawsuit. Victims can sue for the full amount of their legal damages. Typically, dog bite cases are worth around $50,000.
If the injuries were severe, the victim’s legal damages are often higher and he or she can sue for more. The state’s dog bite laws and shared fault rules can decrease the victim’s recovery.