Dog bites are a commonplace occurrence in the United States. With 89.7 million dogs in the country, there are 4.7 million dog bites reported every year[1]. However, 81% of the cases reported do not cause any serious issues or injuries. But if you were bitten by a dog and the injuries caused are severe, you can report the case and file a dog bite lawsuit to recover the compensation for the damages caused. According to the Insurance Information Institute, dog-bite claims saw companies paying US$ 675 million[2] in liability claims in 2018, with the average amount for settlement being US$ 39,000.
Dog Bite Laws That Impact the Strength of the Claim
Dog bite laws, regulations, and policies vary from state to state. However, most states hold the owner of the dog liable under strict liability and negligence legislatures. Here are how the laws may impact your compensation claim:
- Strict Liability: A dog owner is strictly liable to compensate for the damages caused by the dog bite if the dog bites the victim/plaintiff without any provocation, attempts to attack or attacks when they are legally and peaceably conducting themselves on a property where they are allowed to be present lawfully.
- Trespassing: If the dog bit you within the boundaries of the dog owner’s property, the chances of you winning the claim would decrease significantly as the defendant can use the scenario to report you as a trespasser and avoid paying a hefty compensation.
- Provocation of the Animal: If you provoked, teased, or perturbed the dog, then you are most likely to lose the dog bite lawsuit.
- Negligence Per Se: Local laws and regulations around animal care are crucial to your claim. If the dog owner failed to uphold the local regulations, you might win your compensation even if you were partially responsible for your injuries. For instance, consider a state where the local regulations make it necessary for dogs to be leashed at all times. If, in such a scenario, the owner lets the dog off the leash and it ends up biting you after provocation, you can hold the owner liable for not upholding the local statutes.
- One Bite Rule: Some state legislatures provide dog owners a free pass around a dog bite lawsuit. If a dog owner has enough evidence to prove that they had no reason to believe that their dog would bite, you cannot file a dog bite lawsuit against them. However, if the owner was not following the state’s animal care regulations, you can file a lawsuit and demand compensation for your damages.
- Vaccinations: Like other legislations, if the dog has not been vaccinated, the owner is liable to pay for all the injuries that directly arise due to the dog bite.
- Legislation based on Breeds: The dog owner can also be held liable, although it meets the one-bite rule legislature due to the bans or restrictions on a specific breed of dogs. Under breed-specific legislation, certain states have banned or warrant owners to take additional responsibilities of a specific breed. If the owner failed to act as stated in the state law, then they become liable to pay the compensation for the damages.
Evaluating the Cost of the Damages
The compensation given for dog bites varies from case to case and depends on an array of factors. Typically, compensation depends on the following factors:
Economic Damages
These damages are awarded to help them recover the financial losses due to the injuries caused by dog bites. The damages include:
- Medical expenses for treating injuries
- Past or future medical bills required for dog bite injury treatments
- Loss of wages
- Loss of working capacity
- Loss of future income
- Other financial losses that you might have incurred because of dog bite
Non-economic Damages
Non-financial damages that a victim suffers are known as non-economic damages. These include:
- Emotional and physical pain caused due to dog bite
- Loss of ability to enjoy life or loss of quality of life
Quantification of these damages is difficult as there is no fixed cost associated with them.
Punitive Damages
These damages are awarded only when the dog owner sets out to use their pet to intentionally hurt or harm the victim. In addition, punitive damages are awarded to the victim to deter the dog owner from using their pets for malicious purposes in the future.
Get Legal Help
More often than not, victims fall prey to aggressive insurance settlers and end up receiving compensation that barely covers the damages. Having legal expertise by your side means you are informed at each step of the procedure and act in ways that benefit your claim. Consulting a dog bite lawyer will help you understand the worth of your case, the legal procedures required to be undertaken, and whether your claim is strong enough to push negotiations with the other party. So consult a lawyer today and get started with filing the dog bite lawsuit today.
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