Last Updated on January 24, 2025 by Dogs Vets
If you are injured as a result of a dog bite, the most important thing in attempting to establish liability is negligence on the part of the owner. This would involve proving that the owner acted carelessly and without reason, and through their lack of concern, your injury occurred. To establish negligence, one must prove that the owner owed a duty to others for safety, breached that duty, and the breach caused an injury.
A good dog bite lawyer will be able to walk you through it. They will compile evidence to prove the owner’s negligence and ensure you get fair compensation for your losses.
1. Gather Evidence
Evidence plays a very vital role in developing a case of negligence. Document with photographs from the day the dog bit you, your injury, scene details related to hazards seen, including images of the dog, if possible, showing it roaming free of restraint.
Also, make sure to collect contact information from any witnesses who can attest to the dog’s behavior or the circumstances surrounding the attack. This evidence will help prove the owner’s liability and the prior behavior of the dog.
2. Obtain Medical Records
Medical attention directly after the bite is very important, not only for the health of the person but also for creating a documented record of the injury. The medical records will include everything about the extent of the wound, the treatment it required, and how it might affect a person long after the accident.
Keep track of all your medical expenses incurred for hospital visits, medicines, therapies, or surgeries resulting from the injury. This documentation will be vital in furthering the proof of the physical, emotional, and financial impact of the bite.
3. Identify the Dog’s Owner
To hold anyone liable for a dog bite, you have to determine who was responsible for the dog at that particular time. Sometimes this will be an owner, but it can also be a tenant or anyone else who has been in control of the dog at the time of the incident.
In the case of a stray dog or an owner not known, you may have to go through more bureaucratic hurdles.
4. Demonstrate the Owner’s Negligence
Negligence in a dog bite case usually comes about when the owner has failed to take reasonable steps to prevent the attack. This might include failing to leash the dog in a public place, letting the dog run loose, or failing to properly secure the dog.
If the dog had a history of aggression or previous incidents of biting or attacking, this can also support claims of negligence. Your attorney will attempt to show that the owner had a duty to prevent harm and failed in that duty, leading directly to the injury.
5. Consult Legal Counsel
Dog bite claims can be complicated, especially when considering the potential defenses and/or insurance companies involved.
Consulting a competent personal injury attorney is paramount in securing your rights during this process. The lawyer will guide in evidence collection, filing the claim, and negotiating with the insurance companies for fair compensation.
In addition, they can even guide you through certain complications of local dog-bite laws, which may vary hugely depending on which state or jurisdiction the incident happened in.
