A dog owner could be liable in a civil lawsuit for a bite or another kind of injury caused by the animal if one (or more) of the following is true:
Both have a Dog-bite provision- All but one or two states, have ‘strict liability dog-bite laws’ which sue the owner of a dog that bites (and in some cases, for other reasons causes harm). The injured person can prove that the owner knew that the dog has propensity to cause an injury. In the states that do not encompass strict liability laws for dog bite, the owners may be held legally responsible for injuries through a principle known as the ‘one bite rule’ under which the owner can be held legally responsible for the bite of the dog if he knew or ought to have known the dog is capable of causing an injury.
Thus, the injured person can demonstrate that the harm occurred as a result of the dog owner’s negligence – i.e., being unreasonably careless, for example, by leaving the dog unleashed or letting it off-leash and out of the house, and allowing it to attack the mail carrier. Rules and the legal responsibilities of the owners of the dogs and other related laws are not the same (sometimes even significantly different) with each state. Find out more on the state laws dealing with dogs and biting which may be applicable in your area. It’s also important to know what legal consideration people have for criminal responsibility concerning dog-bite injuries.
As a result, insofar as dangerous dog laws in most states or similar ordinances in many cities and/or counties permit or require courts to do so, once dog owners have viciously attacked or threatened to attack someone, special precautions are in order. The judge may even order for killing of the dog in case it is dangerous in the sense that it poses a threat to the life of the pupil. In other words, an owner who does not follow the restrictions established by the preventive program could be prosecuted under the law. There are exceptions where due to negligence or intentionality of the owners, their dogs attack and kill people; the owners can be prosecuted for manslaughter or whatever equivalent crime.
On some other occasions, a state will have a specific criminal law regarding serious dog attacks. Moreover, criminal charges to be brought against the owner of a dog that maims or kills a person if, the owner knew the dog was dangerous and acted negligently or with reckless abandon.
Communicating With an Attorney After a Dog Attack
If you are victim of a dog bite, whether you were attacked by your neighbor’s dog or you are the owner of the dog, then it is advisable to seek the assistance of a personal injury lawyer to understand which laws of your state apply to your case and the procedure that will be followed. For the owner, if the authorities have begun the legal process of pursuing a dangerous dog declaration on your pet, there are some things you need to do to avoid a negative result such as your pet being seized and euthanized; you should talk to an animal law attorney. And if there is any chance of criminal charges after your dog has maimed or killed a person, you’ll wise up to talk to a criminal defense lawyer to help you.
If you are recently been bitten by someone’s dog, it might be advisable to seek the advice of a lawyer, particularly if you have a significant injury and or if your injury is not being compensated adequately by the owner’s insurance company. Find out more information in regard to the selection and appointment of the professional personal injury lawyer at US Legal Law.