According to the Insurance Information Institute (III), 4.5 million individuals experience dog bites annually, ranging from minimal contact to deep wounds. While the vast majority of dogs do not bite, dog bites can occur, particularly when dogs are acting out of fear or protecting owners, food, or their young. Learn about dog bite laws, as well as the rights they provide to dog owners and dog bite victims, and find out Shillen Mackall Seldon & Spicer can assist individuals involved in dog bite incidents by calling an experienced Vermont personal injury attorney from our firm at (802) 457-4848.
Understanding Dog Bite Laws
In terms of civil liability, dog owners may be liable for dog bites or other injuries caused by a dog in states with strict liability laws, where dog owners are financially responsible for injuries caused by their pets regardless of the animal’s history or owner’s carelessness (for instance, in New Hampshire, this applies to dog keepers and owners, and in Florida, per §767.01 of the Florida Statutes, dog owners are liable for damage caused by their pets to individuals or animals classed as livestock or domestic animals). Additionally, in non-strict liability states, such as Vermont, dog bite victims can rely on the principle of the one-bite rule, where dog owners can be liable for dog bites if the injured party can demonstrate that the dog owner knew or should reasonably have known that their pets tend to injure others. Individuals injured by dogs can also attempt to prove they suffered harm due to the dog owner’s negligence, such as a failure to adhere to state leash laws or not closing a gate enabling the pet to bite mail carriers.
Dog owners can also be criminally liable in some circumstances. When a dog has previously threatened or injured another person, a court might require the owner to adopt certain measures to prevent this from happening again, ranging from muzzling or confining the animal to euthanizing the dog if there is a risk of the animal causing serious harm, and if an owner does not cooperate with the court’s measures, they could face fines and even jail time. Rarely, a dog may kill a person due to an owner’s deliberate actions or negligence, which can result in severe criminal charges brought against the owner such as manslaughter, and some states (including Florida) may launch criminal proceedings against dog owners for serious injuries if they believe the owner was aware of the risk of injury but took no action to mitigate it.
What To Do if Injured by a Dog
If injured by a dog, victims may want to consider taking immediate action. Below are some tips concerning what to do after a dog bite or other dog-related injury.
Obtain the Owner’s Contact Information
Ask the owner for their name and contact information, even if no injury is immediately apparent or if it is minor, as one may develop at a later date or worsen. In addition, try to obtain the owner’s insurance information if they have this.
Find out more regarding dog bite laws, including the rights of dog bite victims and dog owners, and learn how a seasoned New Hampshire personal injury attorney may aid those who have experienced these incidents. Contact Shillen Mackall Seldon & Spicer today to discuss your legal queries with a member of our legal team.
Acquire Witnesses’ Contact Details
Similarly, obtain the contact details of any witnesses present. One or more witnesses can be invaluable for supporting an injured party’s version of events if there is a dispute. If the injured party does not know who owns the dog, witness descriptions can help Animal Control locate the dog and its owner.
Take Photos and Videos
If possible, take photos and videos of the animal and any visible injuries. On top of this, the injured party might want to consider photographing or videoing the accident scene if it can help support their account of the events, such as an owner leaving their gate open.
Seek Medical Attention
Even if minor, consider seeking immediate medical attention. Make sure to also obtain and safely secure records of hospital and doctor’s office visits, as well as copies of medical expenses.
Report the Incident
Particularly important when involving non-tagged dogs where it is unclear who the owner is, the recommended approach is to report the dog bite incident to Animal Control. Often, Animal Control may swiftly collect the animal and place it in quarantine to check for rabies. After this happens, prudent dog bite victims might want to check with Animal Control to see if the animal has attacked others previously, which can be useful information for negotiating a settlement or winning a civil suit.
Legal Actions for Dog Bite Victims
A victim of a dog bite who wants to hold an owner liable for their injuries and other damages can make a claim with the dog owner’s insurer (assuming they have insurance covering these types of incidents) and attempt to reach a settlement. Alternatively, they can file a civil suit against the dog owner, with some insurance policies potentially covering the plaintiff’s legal fees, which may also result in a settlement (depending on the parties’ willingness to negotiate and avoid taking the case to court).
Potential Defenses for Dog Owners
Defenses for dog owners regarding dog bites and other dog-related injuries vary between states. Generally, a dog owner may avoid partial or complete liability if they can demonstrate that the injured party was trespassing when the incident occurred, provoked the dog, or sustained an injury due to their own carelessness. In Florida, displaying a clearly visible sign warning others of the dog’s behavior could also be a valid defense.
Possible Compensation for Dog Bite Claims
If a plaintiff bringing a dog bite claim wins the case, they could be able to obtain compensation to cover their losses, including medical expenses, long-term care costs, and lost income. Other forms of damages may cover the loss of future earnings/benefits, pain and suffering, and emotional distress.
What Is the Deadline for Filing a Dog Bite Claim?
In Vermont and New Hampshire, plaintiffs have three years from the injury date to file a dog bite claim. By contrast, Florida dog bite victims have two years from the date of injury to initiate legal proceedings.
Book a Consultation With a Florida Personal Injury Attorney To Find Out More
Dog bite legislation requires owners to prevent their dogs from damaging property or harming people. In the event of a dog bite injury, the owner might have to cover the injured party’s losses, usually covered by the dog owner’s insurance, but can also face criminal charges in rare cases. Explore dog bite laws in greater detail, and discover how a knowledgeable Florida personal injury lawyer might help dog bite victims with their legal claims; call (802) 457-4848 to speak to an attorney from Shillen Mackall Seldon & Spicer.