Bit by a Dog: How to Pursue a Dog Bite Lawsuit

An estimated 1 in 73 people will experience an injury or accident due to a dog bite. Does that mean that 1 in 73 people can file a dog bite lawsuit?

Not necessarily. While dog bite lawsuits don’t always require proof of owner negligence, they do come down, in many ways, to your behavior at the time of the incident.

That being said, dog bites can cause long-term medical problems and undue suffering. If you believe that you have grounds to file a dog bite lawsuit, you should.

Read on to learn more about how to pursue a dog bite lawsuit and whether or not you have a case.

What Is the Purpose of a Dog Bite Lawsuit?

After getting bit by a dog, you will require medical attention. It is important to verify that the dog in question doesn’t have rabies that could have transferred to you during the bite. It is also important to have any puncture wounds or scrapes looked at, disinfected, and, if necessary, stitched up.

In addition to requiring medical attention, you may also miss a few days of work, resulting in lost income. The dog may have damaged some of your property–for example, a bicycle, your clothing, or your shoes. You may suffer the invisible damages of anxiety, no longer feeling safe or comfortable to pass the area where the dog bite occurred or to be around dogs, in general.

Ultimately, if the damages you’ve suffered add up, you deserve compensation from the owner of the dog. A dog bit lawsuit is designed to address all of those damages and quantify them. The dog owner will then have to pay their debt to you either out of pocket or, more likely, through their insurance.

When Can You File a Dog Bite Lawsuit?

As we mentioned earlier, the simple fact of getting bit by a dog does not inherently qualify you to file a dog bite lawsuit. Certain conditions must be present in order for the case to exist. Let’s take a look at some of the biggest questions you should ask yourself before entering into a legal battle with the owner.

Does Negligence Matter?

When we’re talking about personal injury claims, negligence is always a major component. However, most states maintain that when it comes to dog bites, owner negligence isn’t important. This is referred to as strict liability and means that in the eyes of most state courts, owning a dog means that you are responsible for nearly all of its actions. 

What If the Injury Wasn’t Caused by a Bite?

What if you were injured when a dog chased down your bike and caused you to fall? There are a number of ways that a rogue dog can cause an accident and an injury without biting a person. Whether or not you can sue for this under the umbrella of the dog bite statute depends on where you live.

What If the Injury Wasn’t Severe?

Let’s say a dog bites you but doesn’t puncture or bruise your skin. In fact, the bite didn’t hurt at all and left no lasting damage. Do you still have a case?

You most likely do not have a case if a dog bite did not cause a serious injury. It’s possible that you could still sue for damages to your property in the event that your clothes or other personal belongings were destroyed by the dog. However, it is probably not worth the trouble if the damages amount to less than a few hundred dollars.

How Does Your Own Behavior Come Into Play?

If owner negligence doesn’t always matter, does your behavior? The answer is always yes.

There are a few circumstances under which a dog bite lawsuit will almost never come out in your favor. For example, if you were trespassing on the owner’s private property or you purposefully provoked the dog into aggression, the law is not on your side.

How Do You Win a Dog Bite Lawsuit?

Does it sound like you could win a dog bite lawsuit? Make sure you know what the next steps will look like.

Notify the Owner

It’s not uncommon for dog bite claims to get settled in small claims court. Itemize your damages as clearly as possible and notify the owner. Find out whether or not they’re willing to cooperate.

Lawyer Up

If the owner wants to fight your claim, it’s time to find a personal injury lawyer, especially if the owner is relying on insurance to cover the settlement. Insurance companies come equipped with their own lawyers who will use every trick in the book to turn things around on the plaintiff. Make sure that you have someone in your corner who knows the law and recognizes when an insurance company is trying to take advantage.

Prepare Your Evidence

You’re going to need evidence to file your dog bite lawsuit, although this isn’t as hard to acquire as you may think.

First, you need to prove that the defendant is the dog’s rightful owner. Next, you need to prove that the dog injured you and/or damaged your property.

To do so, you will want to bring in your medical records, photos of your injuries, and the damaged property. It is also beneficial if there were witnesses who are willing to testify that you did not provoke the dog when it attacked you. 

Get the Compensation You Deserve

Dog bites happen more often than you may think, but not every dog bite ends in a dog bite lawsuit. Make sure that you have a clear cut case before diving into the legal world. If, after reading this article, you’re certain that you have a case, hire an attorney and get the compensation you deserve.

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