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Strict Liability: Dog Bite Law Makes It Easier To Win Compensation

3 March 2015

Alexis Garcia

Being bitten by a dog is often a traumatic experience. When you are suddenly attacked by a snarling dog, perhaps even being knocked off your feet and pinned to the ground, it stands to reason that you would want appropriate recompense from the owner of the animal. In the past, this was not so easily done, but these days personal injury attorneys are finding it much simpler to prove the dog owner's liability to compensate you for your injuries. If you have put off filing a personal injury suit because you didn't think there was enough evidence to hold the dog's owner responsible, think again.

One bite rule

Each state establishes its own dog bite laws. In the past, many states enacted what is called the "one bite" rule as the standard for dog bite cases. This law states that, essentially, a dog owner can not be held liable for a dog's aggressive behavior if the dog has never displayed such behavior in the past. In other words, the owner isn't required to compensate the dog's first victim; the first bite merely establishes that the dog has aggressive tendencies. If the dog bites a second time, the dog owner is liable, as the dog had a precedent of aggressive behavior and was insufficiently restrained from such behavior. Eighteen states are currently under the one bite rule.

Do you live in a "one bite rule' state? You may not know whether or not the dog involved in your injury displayed aggressive behavior in the past. An attorney can investigate this aspect of your case and tell you whether or not you are entitled to compensation. Even if there is no documentation of previous aggression by the dog, certain elements of your situation may make for a legitimate personal injury case.

Strict liability

Most states, however, have now adopted the "strict liability" rule for dog bite cases. This law states that a dog owner is responsible for the dog's aggressive behavior if

1. the victim was acting peaceably (i.e. not provoking the dog by poking or teasing it)

2. the victim was in a lawful area (i.e. not trespassing on the owner's property)

Under the strict liability law, an attorney does not have to prove that the dog owner had any fault in the dog's behavior. The spirit of this law is that, as the owner's property, the dog is under his/her control; the owner is responsible for damage just as he/she would be if a tree limb fell on a neighbor's car. In some states, responsibility is assessed only for dog bites while in others, additional aggressive behavior such as lunging at, jumping on, or barking at people is included. Sometimes the dog's breed is a factor--the infamous pit bull is in view here--in whether criteria for the strict liability law is met.

If your state is under the strict liability dog bite law, you have an excellent chance of reclaiming medical costs for your injuries. You may also be eligible for compensation of time you lost from work while recovering, or for any permanent damage caused by the bite or other aggressive behavior of the dog. Don't wait any longer than you already have, as the statute of limitations for dog bite cases ranges from 60 days to one year after the bite.

A personal injury attorney will meet with you at no cost to discuss your case and determine whether it has merit. If it does, you can arrange to pay your attorney on a contingency basis, which means that you do not owe anything until or unless a monetary settlement is reached. Call and set up a free consultation today.

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