If Your Dog Bites, Who’s Fault Is It?
Not all areas of personal injury law are the same, and that is why there are many lawyers who will specialize in a certain area of it. For some this means becoming truck accident attorneys and for others it means specializing in dog bites. This latter example is exactly what we are going to be paying attention to today. If you have a dog and it does bite someone, it is important that you have a decent understanding of the law, in order to know where exactly you stand.
And so, in the unfortunate event of your dog biting someone, here is who could be at fault.
When It Is Your Fault
It is considered as being your fault for the dog bite if you already knew that the dog has a propensity to be dangerous. If for example your dog has bitten someone before or if it is a rescue dog who has an aggressive past. If you do have these kinds of dogs then it is your responsibility that you take full care pot the dog when you are out of the home. This means keeping it on a lead and using a muzzle if it is necessary.
One Bite Rule
If you have a dog which has absolutely no prior experience of having bitten a dog then you will be under the rule of ‘one bite’ which many states use for this kind of case. Ultimately this rule is in place to protect dog owners who have animals which have never bitten anyone. The reality is that whilst we may have domesticated dogs, they are still wild animals, or at least still have those instincts, and that is why they could always bite someone under the right circumstances. If your dog has never bitten anyone and then does, it is likely that you won’t be considered as being responsible for the incident.
Provocation
There are many situations in which the person who is bitten can actually be considered as being to blame. This can be the case if your dog is dangerous or if it has never bitten anyone. This comes down to provocation, which is something that is considered as being the reason for a dog bite. If the person has provoked your dog repeatedly and is then bitten, it will certainly be considered as their fault. Another option here is if they come onto your property, and then they are bitten. Ultimately they will have broken the law by being on your property without invitation, and so if the dog bites it will be considered as being protective of its territory and again the dog nor the owner will be considered as being at fault.
The key to making sure that you avoid these issues is to put up signage around your property warning of a dog and if you have a dangerous dog then always ensure that. You have taken steps to protect the public when you take it out for a walk.