When a person is bitten by a dog, it is not okay. Not only can this scenario be traumatic, but depending on the specifics of the situation, you may be able to file a personal injury claim. If you have sustained injuries from a dog bite, read on to learn how to build your case.
Negligence
One of the first benchmarks used to determine if a bite victim can file a claim is negligence. More specifically, it needs to be established that the owner of the dog exercised some level of negligence, which ultimately lead to the victim sustaining the injury.
A common instance of negligence involves dog owners that fail to properly secure their animals. An owner walking the dog through a public park without a leash or leaving a dog in the backyard without a fence or with the gate open, repeatedly, are just some scenarios of negligence.
Responsibility for Duty of Care
Whether or not a victim can file a claim will also involve an examination of their own duty of care. Pet owners must make an effort to protect others from an attack, but it is also important that the other person be responsible for their own duty of care in terms of safeguarding themselves from an attack.
Sticking your hand over the fence, taunting a dog, or approaching a dog on a leash when the owner has said not to are just some of the scenarios that might lead to a breach in the victim's own duty of care. In these scenarios, it is not uncommon for the victim to be denied compensation or to have their compensation reduced. Speak with a personal injury attorney if you have concerns about this factor.
Propensity to Attack
Another measure used is the dog's propensity to attack. Dogs that have either attacked someone in the past or have a history of being aggressive have a greater propensity to attack in the future. The law generally requires that the owner of a dog that fits into this category take more aggressive measures to shield the public.
Keeping the dog in a taller than usual fence is just one example of a necessary precaution. When the owner knows the risk associated with the dog and does not do their part to keep the public safe, they often open the door to an injury claim.
For any event involving personal injury, it is best to speak with an attorney for further assistance. Make sure you reach out to someone who can help you.
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