You never thought it could happen. Your dog is part of the family, and would never hurt anyone. Yet here you are, dealing with a dog bite injury.
In many states, the ‘one-bite rule‘ applies, and you and your dog may well be in trouble. But the fact is that even though you as the owner are strictly responsible for your dog’s actions, someone suing over a dog bite has to prove a few things.
1. Injury is caused by dog
They need to prove the injury they sustained was caused by a dog.
2. Ownership of dog
They need to prove that you are, indeed, the owner of the dog that caused the injury.
3. The victim didn’t provoke the dog
This is where things get interesting. What was happening when the dog bit the victim? Was he teasing the dog? Or did the dog feel threatened? One can’t poke a dog with a stick and expect nothing to happen.
4. The victim was not acting in a threatening manner, and had a right to be where he was
Did the incident take place on your property in the middle of the night? Were you aware that the victim was there? Or could he have been there for some nefarious purpose? The onus is on the victim to prove that he belonged where he was, and that he was acting in a peaceful manner.
It is not your finest moment, to be sure, when your dog attacks someone. But rest assured that there can be justification in some cases. Contact us for a consultation today!
DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.