Dog bites are very common in the United States of America. Almost 2% of the population is wounded by dogs yearly. Dog bites can inflict serious wounds and phobia in a victim. Dogs which are commonly known to bite are Rotweilers and Pit Bulls. Domesticated dogs are the responsibility of their owners and hence any damage caused by them to any person or his property, holds the owner liable for the damages.
Dog bite injury lawsuit can be filed against the owner or handler of the dog but different states follow different laws on dog bite. Dog bite law is a blend of state statutory law, common law and, city and county ordinances. Dog bite lawsuit cannot be filed if:-
1. The victim was a veterinarian remedying the dog.
2. The victim was an intruder or a trespasser.
3. The victim disobeyed the owner by proximating the dog.
4. The dog was a police or a military dog.
Broadly classifying, Dog bite law can be classified into:?/FONT>
Statutory Strict Liability rule
This law is practiced in 32 states and the District of Columbia in the United States. It states that the owner of the dog is responsible for the dog. Hence, damage caused by the dog is also his responsibility.
A local dog bite attorney should be hired because he would be able to guide the victim comprehensively about the dog law in his state and get him a deserving claim. Although, the following states abide by the Statutory Strict Liability rule, its conditions vary in each state.
Alabama, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Hampshire, New York, New Jersey, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Washington, West Virginia, Wisconsin
"One Bite Rule"
"One bite states" are those states in which the first bite or injury caused by a domesticated dog does not make the dog owner/handler chargeable for it. A dog bite injury lawyer can still frame a case against the dog owner/handler if it is proven that:?BR>?nbsp;The owner was negligent.
?nbsp;The owner caused the harm intentionally.
?nbsp;The owner violated the leash law or any other municipal law.
He can also be held liable under the premises liability.
The states which follow the "one bite rule" are:-
Alaska, Arkansas, Hawaii, Idaho, Kansas, Maryland, Mississippi, Missouri, Nevada, New Mexico, North Carolina, North Dakota, Oregon, South Dakota, Texas, Vermont, Virginia, Wyoming
Dog owners, hence, should take precautionary measures by taking insurance for dog bites so that, they don't have to shell money out of their own pockets.
A good dog bite lawyer can get the plaintiff, the money he deserves for the pain and suffering caused. In most of the cases, compensation for medical treatment is given. But if the injury is severe, money is given for aggravated treatment and scar reduction. Sometimes, the victim becomes phobic of going out or of animals, so in such cases dog bite injury lawyer gets, additional compensation to cover the bills of the psychiatrist. In some cases, in which the injury causes permanent disfigurement or incapacity, added compensation has to be given by the owner himself, because the insurance money falls inadequate.
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