Dog Bite Injury Claims: What Victims Need To Prove
A dog bite can leave more than just physical scars, it can also cause lasting emotional trauma, medical bills, lost wages, and fear that stays with you for years to come. If you or a loved one has been bitten by someone else’s dog, you could have the right to compensation.
As attorneys such as our friends at Johnson & Alday, LLC know, proving negligence is an important component of dog bite injury cases. Knowing what evidence is crucial and what factors must be proven is important when filing a claim.
What Victims Generally Need To Prove
In a dog bite claim, you usually must show:
- The dog bit you and caused an actual injury
- The defendant was responsible for the dog
- The owner was legally liable under your state’s dog bite laws
- You were lawfully on the property where the bite occurred
Unlike other injury cases, you often do not have to prove the owner acted negligently, but this varies from state to state.
States generally follow one of these two approaches regarding liability in dog bite cases:
Strict Liability
In most states, dog owners are strictly liable for bites. This means the victim does not have to prove the dog was dangerous or that the owner was careless. If a dog bites you and you are not trespassing or provoking the dog, the owner is usually responsible.
For example, states like California, New Jersey, and Florida follow strict liability rules. The law simply says if a dog bites someone in public or while the person is lawfully on private property, the owner is automatically liable, period.
One-Bite Rule
Some states, like Texas, still follow the traditional “one-bite rule.” This rule states that the owner is only liable if they knew (or should have known) their dog had dangerous tendencies. Basically, the victim must show the dog had bitten or acted aggressively before, giving the owner a “warning” that the dog could be dangerous.
In these states, proving liability can be much harder. You may need evidence like prior bite reports, aggressive behavior, or complaints from neighbors.
An experienced dog bite lawyer can help you understand your state’s laws and gather the necessary evidence for your case.
Possible Defenses Dog Owners May Use
Even in strict liability states, owners have defenses that could reduce or eliminate their responsibility. For example:
- Trespassing: If you were illegally on the property when bitten
- Provocation: If you provoked, teased, or attacked the dog
- Assumption of risk: In rare cases, if you knowingly put yourself in danger.
What To Do If You’re Bitten By A Dog
To protect your claim, it is important to take the right steps in the aftermath of a bite.
- Get immediate medical attention
- Identify the dog and its owner
- Report the bite to local animal control
- Take photos of your injuries and where the attack happened
- Get contact information of any possible witnesses
- Avoid discussing fault with the owner’s insurance company before speaking with a lawyer
Dog bite laws can vary widely depending on where you live, so it is important to know your rights. If you have been bitten, a qualified attorney can explain your state’s rules, gather evidence you need, and fight for fair compensation for your injuries, medical costs, and emotional distress.