|

Dogs
bite 4.5 million people each year resulting in 334,000 emergency room
visits, and kill 17 Americans each year. Children receive six of ten
dog bites resulting in significant injuries, including disfigurement
and scarring. If a dog bites you or a family member get immediate
medical attention and report the incident to law enforcement and
animal control. The person bitten may have significant legal rights,
and be entitled to compensation for pain, suffering, medical
expenses, and permanent disfigurement. Any dog, no matter how well
trained and friendly, can bite. Its owners can be liable.
Generally,
the owner of a particular class of animal has notice of its general,
natural inclinations or characteristics peculiar to the animal. If
the owner knows or should have known about that any of those
characteristics can cause injury, the owner has a duty to use
ordinary care to prevent any reasonably foreseeable injury. Unless
there is a local ordinance, if the owner of a dog has no reason to
know that his dog might cause injury to others, he may allow his dog
to run free. If the owner of a dog knows, or should know, that his
dog might cause injury, he has a duty to use ordinary care to prevent
injury to others. However, criminal ordinance places an owner on
constructive notice of possible injury. Thus, violation of
ordinance can constitute negligence per se, since it’s purpose is
to protect public against hazards including dog bite.
A
person wrongfully attacked may be entitled to compensatory and
punitive damages. Compensatory damages may include in part financial
loss resulting from the injury, all physical injury and disability,
pain and suffering, and any shame, humiliation, embarrassment, or
indignity to feelings.
The following are a few important legal, factual and
evidentiary issues that should be considered when evaluating a
possible animal or dog bite claim.
-
Did
the dog or animal have a license or tags?
-
Did
the dog or animal have proper inoculations?
-
What
are the circumstances of the attack?
-
Was
the attack on public or private property?
-
Where
was the owner at the time of the injury?
-
Has
the animal every attacked before?
-
Was
there a local leash ordinance?
-
What
was the type of animal?
-
What are its natural tendencies?
-
What were the nature and extent of the injuries?
-
Was there any provocation before the attack?
-
Is there sufficient assets or insurance to satisfy a
judgment?
If
you, a friend, or loved one are the victim of an animal attack, you
should take immediate steps to protect their interest. Do not
compromise your rights by making statements to the press, insurance
investigators, potential defendants, their representatives, or by
signing any documents. After calling law enforcement authorities,
obtain needed medical attention, read our accident guide, and call us
immediately. We are here to help. At Larry King, P.C., we recognize
the unique issues pertaining to accidents. You can call us at (757) 595-8100
seven days
a week, 24 hours a day, everyday of the year. We also offer a free
legal-infoline service, and you can now contact us on this web site
by using the following Personal Injury Contact form.
We are committed to doing the extra things it takes to help our
clients.
|