Did Your Dog Bite Someone? Defend Yourself!

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If your dog bit someone, the injured party may hire a personal injury attorney and sue you. In these cases, they can sue for the medical expenses, lost wages and even pain and suffering. However, even if you admit that your dog did indeed bite the injured party, you aren't always responsible for a dog bite. If you are in this position, here are three defenses you can use against a dog bite claim.

The Dog Was Taunted

If your dog bit someone, one of the defenses you can use is that the dog was taunted or provoked. Someone can't come up to your dog and pull on his tail or tug at his ears and expect him not to react. Taunting can also include provoking a dog, such as staring the dog down, throwing rocks or sticks at a dog, or barking at a dog to tease it. In most states, the burden of proof is on the dog bite victim to prove that they did not provoke the dog. It is also important to note that if your dog bit a child, provocation may be a weak defense. Many courts have found young children are trying to play, not provoke, when they pull, grab or touch a dog. As such, the courts may not allow this as a defense or may still give you, the dog owner, some liability if this is why a dog bite occurred.

The Person Was Trespassing

Another defense to a dog bite claim is trespassing. Your property is your property and dogs can be territorial. If your dog is secured on your property, and someone enters the property uninvited and gets bit, it is not your fault or the dog's. However, in order to defend yourself using this defense, you must be able to prove that the person who was bit came onto or into your property and that they weren't invited or allowed. If someone walking down the street sees your dog in your yard and reaches over the fence to pet the dog, they have crossed onto your property and you are not liable for their dog bite. However, if you see someone passing by and they ask to pet your dog and you allow it, the person is not a trespasser.

The Injured Party Knowingly Took a Risk

The last defense to a dog bite claim is that the injured party knowingly took a risk, also called assumption of risk. In some cases, people know that they are willingly putting themselves into a position where a dog may bite them. Those who work with dogs, such as veterinarians, groomers and dog trainers, all take a risk when they interact with a dog. If your dog bites any of these professionals when they are handling your dog during the course of their job, you may have a defense against the dog bite claim.

Another example of a person knowingly taking a risk is a person who enters a dog park where dogs are allowed to roam off of their leashes. They entered the area knowing that there would be dogs off of their leashes and that there is always a possibility a dog may become frightened, intimidated or act out in these environments. As such, the person assumes the risk when they enter the space. However, it is important to note that if you are aware that your dog may bite, and you have had issues at no-leash parks or with biting, it is your responsibility to keep the dog away from these environments. If it can be shown that you knew your dog was a risk, the assumption of risk defense may fall apart.

If your dog bites someone, you may not always be responsible for the injuries the party that was bitten sustained. There are defenses to a dog bite claim. A defense dog bite attorney can help you prove that the other party taunted the dog, trespassed or knowingly took a risk around your dog. One of these defenses may help you avoid having to pay the other parties medical expenses, lost wages and/or pain and suffering.  

For more information on dog bite cases, talk to an attorney at a firm like Trammell & Mills Law Firm LLC.

 


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