You may be interested in knowing the strategies you can use to avoid being sued if your dog has bitten or attacked another person. If you’re seeking compensation for a dog bite, you need to be aware of the possible responses from the insurer or defendant. In many states, the “one bite rule” is used to shield an owner’s liability in dog bite cases if they had no reason to believe that their dog was dangerous. This may be an effective defense if you live in a state that has this rule. You should know that your dog may not get a free bite. A threat of attack or bite could be enough for the police to take action.
You may still be able argue that even if the state does not have the “one bite” rule, the victim provoked the animal, was trespassing, or failed to take reasonable precautions to protect himself. These arguments may not be applicable in all cases and states, but when used properly they can minimize or avoid liability.
Provocation
Owners are not liable if the victim is found to have provoked an incident by taunting or abusing the dog. It may be complicated if it was not intentional, and especially if it was a child who provoked the animal. Children under a certain age are not expected to understand the dangers of provocation. Consult the laws in your state, and any court rulings that apply them to determine if a provocation defense may be successful.
Trespassing and Breaking the Law
Even if the dog is dangerous, a person who has been on your property illegally or committed a crime cannot sue you for biting them. If you intentionally put the trespasser in danger on your property by telling the dog to attack, you could be held liable. You may also be held liable if the trespasser is a child of a neighbor, because it’s not uncommon for children to play with neighboring dogs.
You do not have to invite someone on your property for them to be a trespasser. Law enforcement officers, solicitors and people running errands are not considered trespassers. You may be able to make an exception if your fence, gate or sign keeps people away from your property.
Assumption Of Risk
You may have taken your dog to a vet for a vaccination, and it bit the doctor’s arm. You may have arranged for someone to take care of your dog while on vacation. After explaining how to handle it, the dog then knocked the person over. In both of these cases, the victim assumed the risk that the dog would injure them. In situations where dogs bite or attack pet professionals, such as veterinary staff, employees of kennels, pet sitters or dog walkers, the assumption of risk defense is most common. It may not be offered in states where strict liability is imposed for dog bites.
Comparative Negligence
The state law on comparative negligence may reduce any damages awarded to the victim if they contributed to the injury through their own negligence. In some states, victims who are found 50 percent at fault or more will not be entitled to any damages. If the victim brings their claim under a law rather than general negligence, then it is possible that the comparative negligence rule will not apply.
This article was written by Alla Tenina. Alla is one of the best tax attorneys in Los Angeles California, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. Visit www.teninalaw.com for more information. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.