If you or a family member was bitten by a dog, you may be entitled to compensation. There are many laws surrounding animals and having animals as pets, including legislation about injuries caused by a pet. Every year, there are dog bite cases that go unpaid. In order to receive the compensation that you deserve, it is important to understand who is liable in a dog bite case and under what circumstances that person would be liable. It is also important to have an attorney on your side to achieve the best possible outcome for your dog bite case.
Who Is Liable in A Dog Bite Case?
There is a simple answer and a long answer to the question of who is liable in a dog bite case. The simple answer is that the owner of the dog is liable. However, there are times where the owner might not be considered liable under certain laws and circumstances. Depending on the state, there are different laws regarding dog bite liability. There are typically two different approaches to dog bite liability in the United States. The first law regarding dog bite liability is called strict liability and the second type is called the “one bite” rule.
Strict Liability
Strict liability is the most common way that states handle dog bite liability cases. In a strict liability state, the owner of the dog is held liable if the dog caused an injury to the plaintiff, regardless of whether the owner could have done something to put a stop to the injury. It will not matter what the owner of the dog knew about their dog preceding the incident. Usually the owner will always be liable under strict liability statutes unless the person who was injured was trespassing or breaking the law in some way at the time of the attack or otherwise provoking the dog.
In a state that uses strict liability statutes, the owner of the dog will most likely always be held liable for any injuries caused by their dog due to negligence. However, different strict liability states have different exceptions to the rule of strict liability. So if you are curious under what circumstances you are entitled to compensation for your injuries, it would be advisable to contact an attorney. Utah is a strict liability state. If you are living in Utah and have sustained an injury from a dog bite, then reach out to us here at LeBaron and Jenson. We would be happy to represent you and help you with your case.
One Bite Rule
The other law that operates in the United States regarding dog bite liability is the “one bite” rule. The “one bite” rule was originally enacted in England in the 18th century and because the United States was involved with England at the time, the law was passed in the United States as well. The “one bite” rule originally allowed for a dog to have “one free bite” before the owner could be held responsible. This rule was enacted because once a dog had bitten someone, the owner should know that the animal could potentially be dangerous. Therefore, future injuries that occur should be able to be prevented, otherwise the owner would face legal difficulty.
These days, the one bite rule does not automatically apply in every case and does not give a dog a freebie. If the dog is a dangerous breed or is known for having aggressive tendencies, then the owner could be liable with the dog’s first bite. The difference between strict liability and the one bite rule is that if the owner knew about their dog’s aggression or should have known, they would be liable. However, if there was no reason for the dog owner to believe that their dog would injure somebody, then they may not be liable the first time their dog bites somebody.
Have You Been Bitten By A Dog?
If you are living in Utah and have been bitten by a dog, you may be in need of legal representation. We at LeBaron And Jenson are happy to help. With our experienced and professional attorneys we can give you legal advice as well as take your dog bite case. We want to help you get the compensation that you deserve. Reach out to us today for more information.
