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When is a dog’s owner liable for bite attack injuries?

On Behalf of | Oct 18, 2024 | Dog & Animal Bites |

Most encounters with dogs are pleasant or at least neutral. Unfortunately, some dogs can become aggressive with little warning. They might jump over a fence and injure a delivery person or repair professional approaching the home. They might bite someone visiting their owner. 

Dog bites can cause disfiguring scars, serious infections and numerous traumatic injuries, including broken bones. When is a dog’s owner legally and financially liable for the harm they cause? 

When the dog has a history of aggression

Some states have strict liability rules where animal owners are accountable in any situation where they cause harm to humans. Local laws are a bit more forgiving. 

Under the one-bite rule, an animal has to have a history of aggression unless the person they attacked is a government employee. Those who own dogs that have previously injured a person or demonstrated aggressive behavior may be liable when the dog attacks and injures someone. In cases where the animal has never acted out before, the owner can often avoid liability the first time they become aggressive.

When the incident was unprovoked

People cannot mistreat an animal or threaten its owner and then blame the dog for becoming defensive. Dog bite claims are typically only viable in scenarios where a dog becomes aggressive without direct provocation.  Provided that the victim did not antagonize the dog or break the law prior to the attack, they may be able to request compensation for medical expenses and lost wages. 

Pursuing a dog bite injury claim may lead to compensation from homeowners insurance or may require a civil lawsuit in some cases. The animal’s owner may be liable for the harm caused by their pet. 

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