Last Updated on October 1, 2024 by Dogs Vets
Dog bites can be scary, painful, and sometimes life-changing. If you or someone you know has been bitten by a dog, understanding the legal process is important.
In many cases, the injured person may decide to take legal action to recover damages. However, dog owners and their attorneys often use certain defenses to fight these claims.
Knowing what these defenses are can help you prepare if you ever find yourself in a dog bite case. If you’re looking for help, the best dog bite attorneys can guide you through the process and protect your rights.
1. The One-Bite Rule
One of the most common defenses in a dog bite case is the one-bite rule. In some states, a dog owner may not be held liable for the first time their dog bites someone, especially if they had no reason to believe the dog was dangerous. This means that if the dog has never bitten anyone before, the owner might argue that they had no way of knowing the dog could behave aggressively.
However, this rule doesn’t apply in every state. Some states have strict liability laws, meaning the owner can be held responsible for any bite, even if it was the first time.
2. Provocation
Another defense commonly used in dog bite cases is provocation. If the dog owner can prove that the injured person provoked the dog, they might avoid liability. Provocation can include things like teasing, hitting, or making the dog feel threatened. Even unintentional actions, such as stepping on the dog’s tail, could be considered provocation in some cases.
For example, if someone accidentally scared a dog by making loud noises or getting too close while it was eating, the owner may argue that this action led to the bite. If the court agrees that the person provoked the dog, the owner may not be held responsible.
3. Trespassing
Trespassing is another defense used by dog owners in bite cases. If the person bitten was unlawfully on the owner’s property when the bite occurred, the dog owner might not be liable. This defense hinges on the idea that the dog was protecting its home or owner.
For instance, if a delivery person steps onto private property and gets bitten by a dog, the dog owner might argue that the person was trespassing, especially if they ignored warning signs like “Beware of Dog” or failed to get permission to enter. However, this defense may not work if the dog is known to be dangerous and the owner didn’t take steps to prevent bites, like keeping the dog fenced or leashed.
4. Assumption of Risk
In some cases, the defense of assumption of risk is used. This means that the injured person knowingly put themselves in a position where they could be bitten. This defense is often used in situations where the person interacts with the dog voluntarily.
For example, if a person works as a dog groomer or veterinarian, they might be considered to have assumed the risk of being bitten. In such cases, the dog owner might argue that the injured person knew the potential danger of working with animals and accepted that risk.
5. Contributory or Comparative Negligence
Dog owners may also use contributory or comparative negligence as a defense. In these situations, the owner argues that the injured person was partially responsible for the bite.
For example, if the person ignored warning signs or approached the dog in an unsafe manner, the owner could claim that the bite was partly the injured person’s fault.
In states that follow the comparative negligence rule, the amount of compensation the injured person receives could be reduced based on their percentage of fault. If the person was found to be 20% at fault for the bite, their compensation might be reduced by 20%.
6. Self-Defense
Sometimes, a dog bite occurs when a dog owner is trying to protect themselves or their dog from harm. In this case, they might claim self-defense.
If the dog bite happened while the owner or their dog was being attacked or threatened, the owner might argue that the bite was justified.
Conclusion
Understanding the defenses used in a dog bite case is important if you are pursuing legal action or defending yourself. While dog bite cases can be complex, the best dog bite attorneys can help you navigate these defenses and build a strong case. Knowing the common defenses used in a dog bite case can help you prepare and better understand your legal options.
