4 Ways of Proving Liability in Dog Bite Cases

According to recent reports from the Centers for Disease Control and Prevention, 4.5 million people are bitten by dogs each year in the United States. Of those, at least 800,000 require medical attention for the resulting injuries. These situations can lead to lawsuits as well, but proving liability in such cases isn't always a straightforward matter. It involves establishing the responsibility of the dog owner or handler in the situation. In general, there are 4 main ways to prove liability in dog bite cases.

1) Statutory Strict Liability

Many states have statutory strict liability laws regarding dog bites. Those statutes automatically place liability on the owner of the dog for any injuries it causes. That means that whether a dog bites someone in a public place, on the victim's property, or on the owner's property, the owner is liable. That's the case even if the dog hadn't shown any aggressive behavior prior to the situation in question.

When using statutory strict liability, the victim usually only needs to establish who owns the dog, prove that the dog bit them, and provide proof of the resulting injuries. Though it sounds simple enough on the surface, even this can be a complicated situation. Fortunately, legal help for individuals who've been victims of dog bites is readily available and you can find legal help for dog bite injuries.

2) Negligence

Negligence is another form of liability in personal injury cases, and that includes dog bites. Proving negligence entails showing that a dog owner failed to take reasonable measures to prevent his or her dog from causing harm to others. This could apply to situations where an owner should have known that his or her dog had a tendency to bite but took no precautions to prevent injuries. Proper precautions may include keeping the dog inside a fence, putting up clearly visible warning signs, or placing the dog on a leash.

Certain types of evidence need to be presented to prove negligence in a dog bite case. Those may include prior complaints about the dog biting people or showing signs of aggression. Previous reports of the dog roaming around unrestrained can be used as well. Witness testimonies can also be invaluable in cases like this.

3) Leash Law Violations

If a dog bites someone while unrestrained in an area where leash laws or animal control regulations are in place, that can be the basis of a dog bite liability case. In an instance like this, the victim would need to prove that the dog owner violated local leash laws. For example, if a city requires that dogs be leashed in all public places and a person allows his or her dog to go unleashed in public, that owner would be responsible for bite-related injuries. Proving liability in such cases may require providing documentation of the area's leash laws and witness testimonies that the guilty dog wasn't on a leash at the time of the bite.

4) Prior Knowledge

In some areas, people aren't held responsible for their dogs biting someone if it's a first offense. They can use a lack of prior knowledge of the dog's aggressive tendencies as a defense. From that point, they can be held liable for subsequent incidents because the first bite served as an indication that their dog is a biter. Proving liability based on prior knowledge requires providing evidence of previous incidents or complaints about the dog. That might include veterinary records, past records of complaints to animal control, and statements from witnesses or prior victims.

Holding Dog Owners Responsible for Their Pets' Actions

To establish liability in a dog bite case, gathering as much evidence as possible is essential. Evidence can include medical records documenting injuries stemming from the bite, pictures of the scene of the incident, veterinary records, witness testimonies, and other relevant information. Each case is unique, though, and leash laws and liability factors vary from one place to the next. Legal representation can be crucial in cases like these to ensure dog owners are held responsible for their pets' actions.