How is a dog bite legal claim evaluated? The following information
provides a general guideline for how our attorneys evaluate
a dog bite claim. Please keep in mind: all cases are unique
and may require different evaluation techniques.
What is the liability of a dog owner if their dog causes
injury or damages? In most cases, a dog owner's homeowners' insurance policy
pays for injuries in the event of a dog bite. Each
year, dog bites account for nearly 33% of all homeowners'
liability claims.
Pet owners are legally responsible for the behavior of their
dogs. In most dog-bite cases, the dog's owner will be required
to pay all medical bills, and lost wages associated with
a dog attack. Sometimes, however, the dog's "keeper," or
the person who was taking care of the animal at the time
of the attack, may be held liable. Liabilities may include:
Medical expenses, including future medical expenses.
Medical expenses associated with a dog bite can be extremely
costly, especially in the event of a scarring injury.
Lost income from work
Pain and suffering
Emotional injuries
Property damage
Disfigurement due to scarring
Scars can be a serious, life-long result of a dog bite.
Children are particularly susceptible to bites around
the head and face. Scars are more than physical injuries.
They can also cause emotional injuries such as trauma
and fear. Scars may require additional plastic surgery
which may need to be delayed until after the scar matures,
usually about a year. In the case of a child, plastic
surgery may need to wait until the child is finished
growing.
How is liability proven in dog bite cases?
To prove that an owner of a dog is responsible for an injury
due to a dog attack or dog bite, negligence must be proven.
Some ways to prove negligence on the part of the dog owner
include:
Proving that the dog was "at large" when it bit or
attacked its victim. In other words, the dog was running
loose off of the property of the owner.
Proving that the victim was attacked or bitten while
the victim was lawfully on the dog owner's property. It
must additionally be proven that:
the dog had a history of unprovoked attacks.
the victim was not informed of the dangerous nature
of the dog.
the owner did not protect the victim from the dog. "Beware
of Dog" signs are evidence that the owner was aware of
the dangerous nature of the dog and failed to take precautions
to ensure the dog did not attack persons who were lawfully
on the dog owner's property.
How is the extent of injuries from dog bites proven?
In order to receive damages, or money payment, for injuries
due to a dog bite or dog attack, the following may need to
be proven:
Evidence of pain and suffering shown by photos of the
bites or injuries due to the attack.
Cost of initial medical treatment and procedures shown
by obtaining medical records and bills.
Evidence of permanent scarring shown by photos taken
one year after the attack.
Cost of future surgical revision as explained by a plastic
surgeon in his narrative report.
Description of permanent scarring as explained by a plastic
surgeon in his narrative report.
Psychological damages as noted in a psychologist's report,
if applicable.
Philadelphia Dog Bites and Rabies
In such cases, animal bite victims do not need preventive treatment for rabies. If the biting animal cannot be identified and, therefore, cannot be placed under observati
Dog Bites Children More Than Reported
Despite the high bite rates, being bitten was not significantly associated, in most groups of children studied, with a dislike of dogs. These positive attitudes toward do
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