Are You Afraid of Dogs Already? Know Your Legal Rights If They Bite You

By Alberto Roy

Updated on:

A dog attack can land you in an expensive medical treatment situation. CDC informs that the country witnesses more than 4 million animal attacks annually. And these cases involve even pet dogs, who tend to attack kids more than others.

The stats reveal that about one million Americans have to opt for dog bite treatment that costs them heavily. Due to these reasons, it becomes necessary for the dog bite victims to seek compensation. After all, the onus should be on dog owners.

What To Do If You Are Afraid of Dogs

Often you might experience a little bit of stress and anxiety when crossing courses with a huge, shaggy dog on a stroll. The hairs on the back of your neck could stand on end. You try to remain calm and control your worry as the battle or flight response attempts to take over.

While some people may merely feel a little tint of anxiety around animals that might possibly attack, in many cases there is even more to it than that.

Suffering from an anxiety indicates a natural fundamental worry turns into an anxiousness condition. And also there is even a name for it when it worries canines: cynophobia.

Perspiring palms, a racing heart and accelerated breathing can all be signs of the condition, states psychologist Johannes Rother. Freezing over when a pet is coming close to is also fairly typical for cynophobia.

The pets themselves are normally not aware of this intense kind of concern. But because dogs react to the actions and also motions of an individual, you should bear in mind a couple of regulations when experiencing the disorder in order not to accentuate on your own.

When coming across a canine, try to keep breathing usually as well as do not begin shrieking. Keeping calm is absolutely your finest choice. If you try to escape, the canine might think you wish to play with it.

Prevent all eye contact, otherwise, the pet might interpret this as an invite to technique. Easier claimed than done, naturally, particularly when panic has already bewildered you.

Treatment concentrating on cynophobia is a way to aid you to take care of the worry through using relaxation and calming techniques. The goal of the therapy is to enable you to live your life normally once again, as some people also hardly ever leave the house in order to avoid pets.

Cynophobia often begins in childhood years, with children internalizing their parents’ anxieties, as an example, or observing someone being pressed over by a pet dog. In extremely rare instances it can manifest itself as a result of a terrible experience like being attacked by a pet.

When Dog Attack You – Know Your Legal Rights

They should leash the dogs or keep them away from neighbors, family, friends, and others, especially if their pet is aggressive. They must ensure that the pet doesn’t harm anyone through constant monitoring.

If you or your loved one faced an attack by a dog and sustained injuries, you have the right to claim compensation for treatment costs, pain and suffering, and mental stress.

But because you have to be well aware of the legal processes and what you can do as a victim bitten by a dog, it’s intelligent to consult a local lawyer specializing in this field.

The situation in the court

When it comes to the nature or types of attack, it can be anything – a dog jumping on and pushing the visitor down, causing injuries. The affected visitor can file a case against the owner, regardless of the dog’s playfulness or aggression.

The state of Kentucky followed a strict law for dog bites. The legal system held the dog owner entirely responsible for the injury caused by his dog.

They didn’t even consider contributing factors, like whether the specific animal had a history of biting or attacking anyone or if the owner ensured everything to prevent the situation.

Essentially, a victim did not have to show evidence that the pet parent was negligent. So, the liability was on the dog owner whether a dog attacked property, livestock, or an individual.

But things have changed now. The law in Kentucky and other states shifted the responsibility to the victim, who needs to prove that the animal had a dangerous tendency and the owner was aware of it but did not take any action to prevent such an attack.

The one-bite rule applies in some states. It means that if the animal did not attack anyone in the past and the owner had no prior knowledge of its aggression, he might not be held liable.

So, as a victim, you have to find out what law is applicable in your state. But if you or your family member was attacked by a dog in Kentucky or any other strict liability state, the owner will be held responsible for all the damages.

What should you do if you’re attacked by a dog?

If you or someone close to you was attacked by a dog, the first thing to do is seek medical attention. File police report as well and save all the paperwork related to the incident and your treatment.

These will come in handy when you file a personal injury claim against the at-fault dog owner. You should also take pictures of your injuries, if possible. These will help build a strong case and get you the best possible compensation for all that you’ve gone through. The next step is to find out if the dog owner has insurance coverage.

The route of escape for dog owners

The American state was pretty strict with its steps, while a few states considered additional factors, like provocation by the victim, trespassing incident that led the dog to attack the trespasser, etc.

However, Kentucky held the owner fully responsible for their dog’s actions. Today, the scene is different. The court has realized that dog owners may not be at fault every time for their dogs’ attacks.

As a result, they have started applying the “comparative negligence method.” Due to this, the dog owner has to pay victims only a certain amount as deemed fit. The law compares the responsibility of both sides of the party before determining the damage in terms of percentage.

Usually, you can claim damage for lost wages, medical bills, harm to property, etc. But you don’t know what amount the court will direct the dog owner to pay and where you did something wrong that affected your compensation from the beginning.

So, it’s better to talk to an expert lawyer and follow their guidance. They will ensure you get proper damage recovery after taking all the details from you.

The “One Bite Rule” in the state of Kentucky

Under this rule, a dog owner is only liable to pay for damages if the pet has shown aggression or violent behavior before. In other words, the owner knew about the potential danger that their dog could pose to others but failed to take required precautions. Let’s say that a dog has a history of biting people, but the owner didn’t put up “Beware of Dog” signs. In such a case, the owner can be held liable for any injuries that the animal might cause to anyone.

What to do when you get bitten by a dog?

If you or someone you know gets bitten by a dog, the first thing to do is get in touch with a personal injury lawyer. They can help you understand your legal options and also increase the chances of getting maximum compensation.

The second step is to file a police report. It would act as evidence in court, and the authorities would also be aware of the aggressive dog in the locality.

The third step is to get in touch with your local animal control department and file a complaint. They would look into the matter and also put the owner on notice. The last step is to get evidence like photos of the injury, witness statements, medical records, etc. All this would come in handy when you file a personal injury claim against the dog owner.

I was attacked by a dog –

What should I do if dog attack me?

If you or someone close to you has been a victim of a dog attack, the first thing to do is seek medical attention. Once the injured person is out of danger, the next step is to contact a personal injury lawyer specializing in dog bite cases.

They would help you understand the legal process and also increase your chances of getting maximum compensation.

The final step is to file a police report and also lodge a complaint with the local animal control department. This would act as evidence in case you decide to file a personal injury claim against the dog owner.

Dog bites can be extremely painful and sometimes even fatal. If you or someone close to you has been a victim of such an attack, it is important to take legal action against the negligent pet parent.

A personal injury lawyer can help you understand your rights and also increase your chances of getting maximum compensation. So, don’t wait any longer and get in touch with a lawyer today!

If you or a loved one has been the victim of a dog attack, you may be entitled to compensation. Call us today to schedule a free consultation with one of our experienced personal injury lawyers.

We will help you understand your legal options and fight for the maximum compensation you deserve. Call us now!

Usually, you can claim damage for lost wages, medical bills, harm to property, etc. But you don’t know what amount the court will direct the dog owner to pay and where you did something wrong that affected your compensation from the beginning.

So, it’s better to talk to an expert lawyer and follow their guidance. They will ensure you get proper damage recovery after taking all the details from you.

Frequently Asked Questions

  1. How much compensation can I get for a dog bite?

It depends on the severity of the injury, the amount of medical bills, lost wages, etc. An experienced lawyer would be able to help you understand how much you could claim.

  1. Do I need to go to court?

It depends on the situation. If both parties can come to an amicable agreement, then it might not be necessary to go to court. But if the dog owner denies liability or is unwilling to offer a fair settlement, then you may have to file a lawsuit.

  1. How long does it take to get compensated?

Again, it depends on the situation. If both parties can come to an amicable agreement, then the process might be faster. But if you have to file a lawsuit, it can take months or even years to get compensated.

  1. What if I was partly at fault?

It depends on the state you live in. Some states follow the doctrine of contributory negligence, which means that if you were even 1% at fault, you would not be able to recover any damages.

But in other states, the doctrine of comparative negligence is followed, which means that even if you were partly at fault, you would still be able to recover damages.

  1. Do I need an attorney?

It is not necessary to hire an attorney, but it is highly recommended. Dog bite cases can be complicated, and an experienced attorney would be able to guide you through the process and increase your chances of getting maximum compensation.

Get in touch with an experienced personal injury lawyer today if you or a loved one has been the victim of a dog attack. They will help you understand your legal options and ensure you get the maximum compensation you deserve.

Legal Rights of Dog Bite Victims in the USA

Many states and the Area of Columbia enforce liability on a pet dog proprietor for all canine bites even if the pet dog previously was a “great pet dog.” The target is compensated via the pet dog owner’s house owners or renters insurance policy.

A minority of states observe the “one bite rule” which guards a pet dog proprietor from liability unless he knew that it had a tendency to attack, or caused the bite negligently or deliberately, or went against a chain law or other animal control legislation.

Canine bite law is an one-of-a-kind combination of city as well as area ordinances, state legal law, state case law (i.e., legal principles that result from specific legal actions within the state), and also common law (i.e., legal concepts resulting from certain lawsuits from throughout the USA, normally as reported in authoritative legal works such as the Restatement of Legislation).

The easiest description of the interplay of these legislations can be found Overview of Canine Bite Regulation, which may be regarded as the introduction to this area of Canine Bite Legislation.

The “canine bite regulation” of any specific territory as a result is figured out by checking out the jurisdiction’s civil, criminal as well as management legislations.

Generally, civil laws provide financial settlement for the target, criminal laws enforce penalty on the canine owner, and also management regulations create a remedy versus the canine itself.

For instance, The golden state’s civil code provides a sufferer the right to prosecute a “private pet control” situation, so the civil as well as administrative areas overlap because circumstances. (For even more about “exclusive pet control,” see Hazardous and Savage Dogs.).

Something that all English-speaking jurisdictions have in common is the old British “one bite rule.” This old legislation shields a canine proprietor or harborer from responsibility, civilly and also criminally, till he has a certain level of expertise that his canine is dangerous or savage.

When he has this knowledge, nonetheless, criminal laws might impose serious effects on the pet owner or harborer, such as prison time or a penalty, animal control laws might enforce assisted suicide or problems for preserving the pet, and also the civil justice system makes the owner or harborer purely liable for all losses as well as problems resulting from the bite.

As a matter of fact, a person’s expertise that his pet dog is a “biter” additionally subjects him to the opportunity of needing to pay punitive damages.

Most states (described as the “rigorous liability states”) and also the District of Columbia have laws which either get rid of or significantly change the one bite policy, making canine proprietors (and sometimes harborers and keepers) civilly liable for all or many pet dog bites as long as the target neither trespassed nor provoked the pet dog.

In some states, responsibility is automatic, while in others there are conditions for or limitations upon it.

Furthermore, criminal legislations as well as animal control regulations might impose repercussions upon the pet and also its proprietor or harborer in a number of situations where the pet did not previously show viciousness toward individuals.

Click on this link for a listing of the strict obligation states and also a more detailed conversation of the lawful rights of dog bite sufferers in the USA.

Conclusion

Dog bites can be extremely painful and sometimes even fatal. If you or someone close to you has been a victim of such an attack, it is important to take legal action against the negligent pet parent.

A personal injury lawyer can help you understand your rights and also increase your chances of getting maximum compensation. So, don’t wait any longer and get in touch with a lawyer today!

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