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Introduction

Injuries from dog bites can be extremely serious, and cost the victim large sums of money due to medical bills. In addition, dog bites may cause strong emotional trauma to young children. Children who have been bitten by a dog may experience loss of sleep, fear of dogs, and general trepidation. It is important for anyone whose child has suffered from a serious dog bite injury to seek an experienced personal injury attorney. An attorney is invaluable in sorting through state laws regarding dogs, gathering and evaluating medical information, and negotiating with dog owners or insurance companies. In addition, an experienced trial lawyer may be able to obtain a higher money judgment at trial by bringing attention to such issues as emotional distress.

In earlier times, the legal rule applying to dog bites was simply this: If a dog bit someone once, the owner was on notice that the dog was vicious, and the owner was then responsible for paying for any damage caused by later attacks by the dog. This "one-bite" rule has since been abolished, for the most part, by courts and by legislation because of society's belief that one bite is too many.

Most dogs are presumed to be harmless unless they show a propensity otherwise. However, dog owners are expected to have knowledge of dangerous or vicious dispositions in their dogs. Dog owners are given the freedom to possess even dangerous dogs, but precautions must be taken. If a dog is vicious by nature, and a dog owner allows others to come near it without warning of the dog's temperament, the owner will be held liable. An owner of a dangerous dog is also liable if he lets the dog loose in public.

A dog owner is only expected to know that his dog is dangerous if the dog has exhibited vicious behavior in the past, unless there is a state law that says otherwise. Prior bites or attempted bites, even in play, are evidence that the dog is dangerous by nature. Some state laws impose liability on a dog owner even if he had no knowledge of the animal's dangerous disposition.

If the owner of the dog is not present during an attack, but the dog is being kept by a third person, such as a veterinarian or employee at a dog kennel, the person watching the dog at the time may be held liable instead.

A dog owner may not be held responsible for the acts of his dog if the victim is to blame. For example, if the dog was provoked by kicking or striking, teasing or tormenting, or attacking the owner in the dog's presence, the dog owner may not be held responsible. Petting or playing with a dog is not usually considered provocation, unless the victim was warned not to do so. However, a child may not be expected to know not to provoke a dog, depending on his or her age.

If a dog owner is held responsible for a child's injuries from a dog bite, the owner will be required to pay for treatment of all of the injuries caused by the animal. The owner may also have to pay extra money for physical pain, mental anguish, and apprehension of rabies. In addition, the owner may have to pay punitive damages, which is money required to punish the owner, if he knew about the vicious nature of the dog. If a dog is found to be extremely vicious, a court may require that the dog be put to death.

Dog attacks can be extremely stressful for a young child. A child may obtain a lifelong fear of animals after an attack. It is important to have a skilled attorney to insure that your family is fully compensated for all consequences of the attack. It is also important to keep good medical records, and keep track of all the psychological changes in your child.

I've had 32 years of handling dog bites as well as other negligent injuries. Please call me or sign my Guest Book and I will contact you as soon as possible.

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