When Should I Sue Someone for a Dog Bite?

When proper safety precautions are not taken, dogs have the potential to be dangerous. Many people seek medical care for dog bite injuries every year. Dog owners may be legally liable for injuries caused by their animal.

Puncture wounds can cause serious infections, require surgery, and result in costly medical bills. Contact an experienced attorney to understand your legal options after a dangerous dog attack.

What To Do After a Dog Bite Incident

After a dog bite attack, seek medical attention. Even if you don’t think the bite is very dangerous, there is a serious risk of infection. With some animal bite injuries, there is also a chance the animal has rabies or other serious and transmissible conditions. Get medical attention and keep a copy of all your medical expenses.

Get the contact information from the dog owner and any other witnesses to the attack. You can also take pictures or videos of your injuries and the area where the attack occurred. Talk to a dog bite lawyer if you want to file a lawsuit to recover financial compensation. In some cases, you can recover money for pain and suffering and emotional distress.

Protect Your Rights After an Animal Attack

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Dog Bite Laws: Multiple Theories of Liability

After seeking medical attention, you should pursue compensation against the responsible party. The dog bite laws you will bring a claim under vary by state, with different theories of legal liability. How you should pursue a claim depends on the specific circumstances of your case.

Many states use strict liability for dog bite claims. Under strict liability, owners are responsible whether or not they knew their dog was dangerous. Some states require a showing of negligence, such as ignoring leash laws. Others follow a one-bite rule, where owners are liable if they knew or should have known that their dog had vicious tendencies, evidenced by a prior dog bite or attack.

Dog bite laws can be complex. “It is different than a lot of other areas of law, and the law is pretty specific to the state,” says William Messervy, a personal injury attorney at Timberlake, League, and Brooks in Huntsville, Alabama.

For example, in Alabama, dog bite victims can pursue a negligence claim under state common law. This type of claim is also sometimes referred to as a ‘one-bite-rule’ claim. “Common law negligence boils down to: The owner had to have knowledge and notice of the dog’s propensity to endanger others’ safety. Essentially, if the dog has bitten somebody before, then the owner is on notice,” Messervy says.

I think these are important cases to hire lawyers on. I know that’s probably rich coming from a lawyer, but they are so fact-specific, and you want to tailor the narrative from the very beginning.

How To Prove That the Dog Owner Was Negligent

You can use various kinds of evidence to prove that a dog owner knew or should have known that their animal was dangerous.

“For example, you can also look at veterinarian records for the dog during discovery,” Messervy says. “I had a case with a German shepherd where they gave it doggy Xanax every time they came in, just to calm him down. Many people also professionally train dogs to be guard dogs. All of these kinds of evidence can satisfy the notice requirement.”

Negligence can also be attributed when an owner violates a city or county statute. “Most cities have leash laws, so if the dog was off-leash when it bit someone, it’s evidence of negligence,” Messervy adds. “I’ve had a case where the dog escaped the fence and attacked a lady’s dog. She was injured in trying to separate them. We were able to connect it to their failure to properly restrain their dog and keep it from escaping.”

Dog owners are also liable for injuries their dog gives someone who is lawfully on their property — or whom the dog pursues off their property. However, there are some caveats depending on the state law:

• A dog bite victim can only pursue financial compensation for actual economic damages (like medical treatment and lost wages) through this type of claim
• A dog bite victim will be denied compensation under the statute if they were trespassing on the owner’s property at the time of the attack or if they provoked the dog

Dog Bite Liability by State

Filing a Dog Bite Lawsuit

While dog bite cases are filed against the owner of the dog, it may be easier to think of them as being against their homeowner’s insurance policy or renter’s insurance — especially in the all-too-common cases in which a friend or family member is involved, Messervy says.

To hold a dog owner (or other property owner) legally liable for injuries caused by a dog bite attack, you should be prepared to present a strong case, because the insurance company will be prepared to do the same.

“I think these are important cases to hire lawyers on. I know that’s probably rich coming from a lawyer, but they are so fact-specific, and you want to tailor the narrative from the very beginning,” Messervy says. “It’s especially true when you’re trying to prove disfigurement, which is not something that insurance companies like paying for because it’s not a medical bill.”

Getting Legal Help for Your Dog Bite Case

Experienced dog bite attorneys or personal injury lawyers commonly take these cases on contingency, meaning they only get paid if you win or settle the case. In that event, they take some percentage of the damages award. To take legal action for dog bite claims, most personal injury attorneys offer a free consultation where you can get legal advice about your claim.