What Factors Can Affect A Dog Bite Case?

17 June 2016 by Jonathan Phillips

Getting bitten by a dog that isn't yours can lead to more than a physical or emotional injury -- it can also lead to high cost medical bills and lost wages. For these reasons, you may want to consider taking legal recourse against the owner of the dog. There are several different factors that can affect your ability to successfully sue.

Did the bite happen on public property?

Bites that occur on public property aree generally going to be considered the dog owner's responsibility. It gets trickier on private property. For example, if the dog is on your property uninvited that can count as trespassing and you may have a case. If you allowed the dog onto your property, on the other hand, it may be decided that you assumed liability when you granted permission. Your best option is to discuss the specifics with a lawyer.

Do you have proof of injury?

It's vital that you seek medical care immediately following the bite. Keep all medical records and receipts pertaining to treatment. You should also take photographs of the injury as evidence. If you miss work, get documentation of how much work you miss and the amount of lost wages from your human resources department.

Can you prove that the dog did it?

In some cases the owner may deny that their dog was to blame. Your doctor may be able to help you build your case by giving details on the size of the dog and possibly even the likely breed simply from studying the bite pattern. You should also take down information from any witnesses so they can testify on your behalf if it comes to that. It's also a good idea to write down a full description of the dog, including any markings that stand out, as soon after the bite as possible so that you can accurately identify the dog later.

Were you innocent of provocation?

You may not be able to sue for damages if it is determined that you provoked the dog. For example, taunting a dog or the owner may be considered provocation. Trespassing on the dog owner's property or attempting to pet a strange dog without the owner's permission may also be considered provocation. On the other hand, if you were minding your own business or even trying to avoid the dog and you were attacked, you may have a case.

Contact a dog bite attorney for more help if you're interested in discussing your case.

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