Dog Bite Liability

Dog Bite Liability

In the United States, dog bite laws are governed by civil and criminal laws of the respective states and court decisions. Even counties and cities have their own ordinances to deal with dog bite liabilities.

The original laws of the United States related to dog bite liability were based on the “one bite law” adopted from the English law. The one bite law means that the owner of the dog or the landlord of the owner is not liable to pay compensation if they are not aware that the dog in question would cause injury to anyone. In effect, the landlord or the owner of the dog is not liable to pay compensation for the first bite by any dog under the one bite law. This is because they were not aware that the dog was capable of causing injury until the first bite is inflicted. This provided a good shield for the landlord or the owner of the dog committing the offense for the first time. But it also provides a good weapon in the hands of the second and later victims of the dog, because the owner and the landlord are aware of the nature of the dog. They were then held strictly liable for the injury.

Rhodesian Ridgeback

Now things have changed drastically in the United States. The dog bite laws vary from state to state. Only 18 states now use the one bite rule. District of Columbia and 32 states have modified their laws. Many court decisions also do not recognize the one bite rule and have held that even if it is a first bite liability exists. Liability arises in most states only when the victim is not a trespasser into the property of the owner. Also when the victim provokes the animal before biting, the liability of the owner ceases. But in some states, the dog bite liability is automatic for any reason the dog has injured the victim.

Only in some states is the property owner held liable for compensation. There, the owner of the dog is held primarily liable for the injury. Some law firms are of the opinion that the property owner also can be held responsible under the existing laws. They say that the property owner also can be held liable if it can be proved that they had prior knowledge about the viciousness of the animal. It is not easy to prove this prior knowledge on the part of the property owners. The lawyers try to prove this prior knowledge by interviewing gardeners, pool-men and others who manage the property. Their testimony is used by lawyers as proof of prior knowledge.

Testimony is also obtained from prior victims. To obtain the history of the animal, evidence is also obtained from the veterinarians, neighbors, and postal carriers. They can also testify on the behavior of the dog.

If you are bitten by a dog, be sure that you receive decent compensation. Make your claim through the proper legal route for best results.. The lawyers dealing with dog bite cases know their job and will enforce your lawful rights.