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Dog Bite Injury
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Dogs have long been known in our society as beloved pets commonly referred to as man's best friend. However, not all dogs are gentle loving pets. Studies conducted by the Center for Disease Control and Prevention establish that 4.5 million Americans are bitten each year. Among dog bite victims one in every five requires some form of medical attention and treatment. Each year over 31,000 dog bite victims have to undergo reconstructive surgery as a result of being attacked or bitten by a dog.
A dog bite can take the form of a defensive snap by the dog, an offensive bite or bites by the dog, or an outright vicious attack. Certain larger breeds of dogs such as Pit-bulls, Rottweillers, and German Shepards, are generally associated with a greater propensity to attack than other breeds. Similarly, many smaller dog breeds are associated with a history of snapping and biting without warning. However, any dog can bite even if the animal has no history of prior biting or aggressive behavior.
Children are the most likely to be bitten and due to the size and height are particularly susceptible to serious and often disfiguring injuries when a dog attacks. Children bitten and/or attacked by a dog often suffer serious facial and scalp injuries and scaring requiring plastic surgery. Damages caused by a dog bite or attack include personal injuries, medical bills, pain and suffering, and lost wages while the victim recovers. Most dog bite victims, whether they are an adult or a child also experience some degree of anxiety and emotional distress and trauma including long term fear of animals and specifically dogs. Emotional distress and anxiety following a biting incident can range from mild to severe depending upon both the individual victim and the severity of the attack. Personal injuries realized may require many surgeries to try to repair serious scarring and torn skin and tissue. Dog bites can also lead to serious infections that can cause even more damage to the individual.
If you or a loved one has been the victim of a dog bite or dog attack it is very important to have your case reviewed as soon as possible by a knowledgeable lawyer experienced specifically in handling dog bite litigation. Our attorneys are very experienced, know dog bite law and what is required to protect you and your family in maximizing the recovery of damages that may be made as a result of the incident. We understand your concerns and we take whatever time may be necessary to answer all of your questions and to explain the law to you as it pertains to dog bites and specifically to your case. Your dog bite case will be handled personally and professionally at all times by an attorney.
Speed in having your case reviewed is important as it is often necessary to preserve evidence which can easily be lost. Our attorneys act to quickly establish who owns the dog in issue. We then identify all potential witnesses and began to develop evidence including statements of witnesses. Often neighbors and people residing in the neighborhood in which the dog resides have important information about the dog, its temperment, and whether it has acted aggresively in the past, including importantly whether the dog has bitten or attacked anyone previously. Vetinarian records for the dog in issue may also hold important information pertaining to the dog. similarly, prior police reports and incident reports about any prior complaints about the dog are very important. It is also important to obtain any police and/or incident reports regarding the biting incident and all records from animal control if the dog has been taken into custody to be quarantined.
Such evidence is important in light of the law as it governs dog bite incidents. To successfully recover the damges you and/or your loved one has realized, it is necessary to address what is commonly known as the "one free bite rule." Often this rule is relied upon by legal counsel for the defendants as a basis for why the negligent dog owner is not liable for the harm and damages inflicted by the dog. The rule is often stated to mean that if the animal has never bitten anyone before, and the owner has no knowledge or reason to know that the animal had dangerous or vicious propensities before the biting incident in issue, then the dog gets one free bite before its owner can be held liable for the animal biting another. However, close examin ation of the law in fact establishes that the dog owner may only claim the benefit of the "one free bite rule" if the dog bite occurs in a place that the dog has a legal right ot be, such as upon the dog owner's property.
If the dog is not on its owners property when the bite or attack occurs, the dog may be argued not to be in a place that entitles its owner to assert the "one free dog bite rule." Additionally, most cities and municipalities have a "leash law" that prohibits dogs from running at large, or roaming free unleashed. If the dog owner has violated the leash law it may be further argued that the dog owner is automatically negligent which is known as being negligent per se.
Even if the dog is in a place it has a legal right to be when the bite or attack occurs, arguments can be made that the dog owner knew or should have known of te dogs dangerous and/or vicious propensities and that the owner was negligent in ignoring the same and in failing to act to secure the animal and to protect the victim.
As every dog bite or attack is different, we welcome the opportunity to discuss your specific situation. Telephone calls and attorney consultations to discuss your case are always free of charge.
Dog Bite Injuries