Indeed, a dog is a man’s best friend. But these furry buddies can also act impulsively, bite unexpectedly, or knock someone down with or without provocation. Even a seemingly friendly pet can act out of the blue, and in no time, you’ll be left with serious physical and mental harm. Kids and vulnerable adults may be at a greater risk of attacks and resulting distress.
So here’s the thing – if you or a loved one have been bitten and/or attacked by someone’s dog, you can seek full compensation for your injuries. Invitees and premises owners have the highest duty of care to ensure the property is safe. They’re liable for an attack on a person by their dog, whether or not they tried to prevent it. Here are more details on premises liability in dog bite cases for navigating the legal landscape more effectively.
Premises Liability – A Quick Overview
Premises liability holds property owners responsible for certain injuries or accidents on their premises. Premise liability cases can include slips and falls, swimming pool accidents, and dog bites. In the current context, premises liability refers to the legal responsibility of a property owner or occupier for injuries caused by a dog on their property and the resulting damages. In addition, no matter where dog bites occur, i.e., on the sidewalk, in dog parks, or house, these are considered a premises liability. However, state and government agencies may be liable if it’s a stray dog.
What Damages Can Be Recovered?
Dog bites can be traumatic. No matter the reason, owners are strictly liable for these accidents, provided you weren’t trespassing. If you are bitten and you choose to file a claim to recoup your damages, here are the things you can be compensated for:
- Funeral expenses (if applicable)
- Loss of spouse’s consortium
- Lost wages
- Medical bills
- Physical and emotional pain and suffering
- Scarring
- The cost of reconstructive surgery
However, it is advisable to work with an experienced attorney to protect your rights. The defendant’s counsel and insurance company will do everything possible to devalue your claim or make low-ball offers. Your attorney will, however, ensure to act in your best interest and negotiate accordingly.
Establishing Fault
To establish your premises liability claim, you must be able to prove that the dog owner acted in negligence resulting in you sustaining severe injuries. Evidence like physical injuries, eyewitness statements, surveillance footage, and medical records increase your chances of success. Besides, you must have been physically present on the property when the bite occurred, and you must also be able to demonstrate the dog owner’s negligence. If the dog was provoked, teased, or harassed, and the owner can prove that any kind of provocation from your end resulted in an unfortunate incident, your case can take a U-turn.
Get the Help You Need & Deserve
Dealing with excruciating dog bites, tough pet owners, and shrewd insurance companies can feel overwhelming. The best you can do is file a claim with the help of a reputed attorney specializing in premises liability and dog bites to avoid complications. Experts can help gather evidence, correctly file a claim, prove negligence, calculate damages, and negotiate a reasonable settlement. If you haven’t yet decided on choosing your legal counsel, allow us to handle your case. Call us at (702) 598-4529 to know how we can help you get the best possible results and the justice you deserve.
