Say you’ve been bitten by someone’s dog. Or pet penguin. Actually, let’s just stick with the dog. So the dog leapt up, bit your cheek (although you could tell by the look in his eyes that he was aiming for your jugular), and now you have a mangled face. And because of your mangled face you lose your job (you were a Calvin Klein model). And because you lost your job and because of your mangled face, your wife leaves you (she was a shallow woman). Now you’d probably be thinking, “That dog better call up a good dog-lawyer because I’m going to sue his ass in dog-court and send his ass to dog-jail!” (Remember, in this hypothetical situation you’re a model with an eighth-grade education). Really, what you’d want to do is get in contact with your nearest animal bite lawyer.
What is it?
A recent study reported that 1,000 Americans are treated in emergency rooms everyday as a result of dog bites. And while dogs are the most common culprits of such an offense, other pets such as ferrets, snakes, and even cats can cause harm. Since determining one’s legal rights in such circumstances can be difficult, it would be in your best interest to get in touch with an animal bite lawyer. Essentially, he or she will be able to clarify who you should bring your claim against and what sort of damages you are entitled, hopefully ensuring you get some sort of compensation.
During a meeting with an animal bite lawyer, the lawyer will ask for details surrounding the events — when and where the bite took place. If you can, you should provide the name and telephone number of the pet’s owner. Also, if there were any witnesses, you should attempt to get their contact information as well (unless of course, the witness was another dog). From there, the success of your case may be dependent on what state you were bitten in. Some states impose “strict liability”, a term that suggests an owner of an animal is legally responsible for that animal. Therefore, even if the owner tried to stop the animal from biting you, he or she is still liable and can be taken to court.
That would be the best case scenario if you were bitten by someone’s pet. However, some states will only hold the owner responsible if you can prove that the owner knew that the animal had “dangerous propensities”. Now obviously, this can be hard to prove (like any defendant is going to say, “I always knew my pet was a troublemaker, now please let me pay your hospital bill, mister”). You may have a better case if the pet in question is a pit bull or Rottweiler, as they are commonly known as the two breeds most likely to attack (as well as the number one and number two “canine killers of humans”- which alternately sounds like an awesome band name for a Swedish metal group.)
Who needs it?
Mailmen, for one. I’m sure there’s some dogs waiting on the outside for Michael Vick, as well. Although he’s probably got his animal bite lawyer on speed dial by now. Otherwise, children are the most frequent targets, at least as far as dogs are concerned, with boys aged from 5 to 9 having the highest incidence rate. It is also important to note that severe injuries occur nearly exclusively in children aged 10 years or less. So if you have a kid in that age range, I’d wait to get a pet chimpanzee until they’re off to college. But really, if you’ve been bit badly enough that you need to go to the hospital, then an animal bite lawyer should be considered.
Benefits
The benefits really depend on the severity of the wounds. Obviously, there’s no real benefit to being attacked by an animal (unless someone’s recording it, in which case it could be sent in to one of those “When Animals Attack” shows). But ultimately, you may be entitled to recover for medical expenses, lost wages, pain and suffering, and property damage. If you can prove that the owner was using reckless behavior or intentional misconduct, you may also be entitled to punitive damages.
Risks
Beware that just because you’ve been bitten by a pet does not mean you are always in the right. Legitimate defenses in animal bite cases are “assumption of the risk” and “contributory negligence”. In this case, if the owner warns you to stay away from a certain pet and you ignore their warning, or if you’re trespassing on someone’s yard, maybe taking wiz next to a sign marked “BEWARE OF DOG”, then the owner may not be considered liable.
THE BOTTOM LINE
Being bit by someone’s pet can be a sticky situation, especially considering that most attacks involve a family member or friend’s pet. If it can be settled out of court, then by all means, do that. However, if you’re out a lot of money because of your in-laws’ pit bull, call an animal bite lawyer.
Kyle Donley is a writer for Yodle, a business directory and online advertising company. Find a
lawyer or more
legal articles at Yodle Consumer Guide.
Animal Bite Lawyers: Taking a Bite Out of Crime… Sort of
