For dog owners, issues with dog bites and the aftermath should always be at the forefront. If your dog bites and injures someone, it is easy to assume that the dog is automatically at fault and the owner liable. That is not always the case, however. There are some times in which the dog can be deemed the innocent party. The following are some examples in which dog owners can be exempt from bite liability:
Intentional Provocation of the Dog
If a person intentionally provokes a dog to the point that the dog attacks, the dog owner can be free from charges and damages. This is often the case particularly if the attacked person was being maliciously violent or antagonizing the dog. However, there are also instances in which the person was not trying to hurt the dog, like stepping on its tail, and it results in a bite. The owner can still not be held liable in this type of situation.
A Trespassing Victim
The issue of trespassing can also have an impact on the dog owner's liability. If a person is trespassing on your property and your dog bites him or her, the law will be on your side in most cases. More than likely, the injured person will face charges for being on your property. This rule also applies to anyone committing a criminal act and is bitten by a dog in the process, such as a guard dog bite or a bite from a police dog.
The Victim Placed Themselves at Risk
There are some instances in which a bite victim brings the bite on his or herself. This places the responsibility on the victim. For instance, if someone ignores a "beware of dog" sign and ends up with a dog bite, the person put himself or herself at risk. Another example is when a person enters the enclosed space of an animal and it attacks out of defense. The court will often take the position that the person knowingly took the risk of going into the animal's space and therefore is responsible for the injury.
If you own a dog that bites a person after it is mistreated or abused, you will need to talk to an attorney through firms such as Blomberg Benson & Garrett. Explain the situation to the lawyer with all the facts. If you have any filmed footage of the attack, either with a smart phone or with security cameras, that will help your case even further.Share
23 August 2017
Like many other people, I admire the important tasks lawyers take on every day. I’m amazed at how knowledgeable general attorneys are about a variety of subjects. These professionals can accomplish many complicated jobs seamlessly, such as representing a client in a civil lawsuit, assisting a business with a merger, and acting on a client’s behalf in a medical malpractice lawsuit. Besides creating detailed legal briefs, they must argue their clients’ cases in court in front of a judge, jurors, and others. On this blog, I hope you will discover how crucial general attorneys are to this country’s legal system.