A victim of a dog bite must normally prove to the owner that the pet had “vicious propensities,” such as a history of biting or attacking, in states without “dog bite legislation,” in order to recover damages from the owner of the animal.
Some of the more prevalent criteria that might be used to demonstrate that an owner knew or should have known of their animal’s nasty propensities are listed below. Keep in mind that this is not a complete list, and merely establishing one of the items below does not guarantee a legal success in a court case.
The larger the animal, the more likely it is to injure someone. Animal species and breed may also be relevant if you can show that the breed has a tendency toward viciousness as a general rule (such as a pit bull or Rottweiler).
If an animal is maintained for protection and trained to attack unknown individuals, it can be concluded that its owner was aware or should have been aware of the animal’s propensity to attack.
A history of aggressive behavior, like as frequent snapping and biting, might be used to prove that the owner was aware of the animal’s vicious tendencies.
The owner may have been aware of the animal’s potential dangers if someone had previously reported to him or her, and the owner did nothing (or not enough) to prevent more attacks.
In the case of an animal that has never attacked a human before, fighting with other animals may be evidence of the animal’s viciousness.
Consistent Animal Confinement: If the owner frequently confines the animal, either in a cage or on a leash or chain, this may imply that the owner believes the animal to be hazardous.
When an animal’s owner muzzles his or her dog on walks or other occasions when people are in close proximity to the animal, it can be taken as evidence that the owner is aware of the animal’s potentially lethal nature.
To prove that the animal’s owner was aware of its viciousness, an injured person can utilize the fact that the owner put up a warning sign (such as “Beware of Dog”).
Existence of Past Bite, Fight, or Aggressive Behavior: The owner’s awareness of the possibility of future attacks is based on any statements they make about the animal’s character.
There is a good chance that an animal’s owner is concerned about the animal’s ability to injure someone else by notifying people about the animal.
Learn about your state’s dog bite laws and speak to individuals in your community in order to learn more about the animal’s history before meeting with a lawyer for a dog bite or assault case. Even if your state does not have strict liability dog-bite laws, these measures may serve to considerably strengthen your case.
Do You Need Assistance Proving Fault for a Dog Bite? Consult a Personal Injury Lawyer
In most cases, you do need help. For example, a serious dog bite can keep you off of work and have a detrimental influence on your personal life. Contact a local injury law attorney like Hensley Legal Group immediately to learn more about your legal options.