Dog Bite Owner Liability And The Rules
Every state has their own different dog bite liability laws for dog owners. In fact, dog bite law is often a combination of state statutory law, case law, city and county ordinances and common law. These laws can be into two major types as “one bite rule” and “strict liability rule”.
One Bite Rule
The one bite rule which also known as the “first bite free” rule or the “first bite rule,”. How does rule works? Under this rule, a dog owner cannot be held liable for injury or damage to another caused by his or her dog’s first bite as long as the owner was not negligent in his or her duties to control the dog. The dog owner must also not have been in violation of other protective dog laws such as not letting the dog run loose in public places without a leash.
The rule also does not apply if the owner was aware or should have been aware of his or her dog’s propensity to be dangerous,
Which could be established?
i. If the dog often wears a muzzle
ii. If the dog had a tendency to snap at people
iii. If the dog owner told you that the his or her dog is an attack dog
iv. If the dog owner cautioned others that the dog bites
Liability for subsequent bites is then generally determined under strict liability rules.
On the other hand, the strict liability which is also known as “scienter” rule holds that the owner of the dog is responsible for injuries caused by a dog bite irrespective whether the dog bite was the first one since the owner took possession. The basic premise is simply that because the owner legally owns the dog, the owner is also legally responsible for it.
It all Depends on the jurisdiction, however, some protections are extended to dog owners, even when the strict liability rule applies. For instance, dog owners may not be held responsible for injuries caused by their dog’s bite:
i. If the dog bite victim provoked or disturbed the dog
ii. If the dog bite victim is a veterinarian treating the dog
iii. If the dog bite victim was a trespasser or a robber
iv. If the dog bit someone during a military operation or while helping the police
v.If the dog bite victim ignored warnings by the dog owner not to approach the dog
Still yet, in states that have the strict liability rule in common, its applicability varies in scope. Some apply the rule to the dog’s owners and also the dog’s keepers as well. While some others apply the rule to injuries caused by the dog by means other than biting. Some provide for full compensation while yet others only for medical bills and/or other economic losses.
In some other states the rule may apply only during daytime, if no warnings sign were posted, or if the victim provoked the dog at the time he or she was bitten and not previously. For this reason, it is a key for a dog bite victim to consult with an attorney who understands the local dog bite injury liability rules and regulations.
If you have been bitten by a dog or your loved one has been the victim of a dog bite, you should retain an experienced dog bite lawyer to help you get the most from your claim.
Written by LindaYoung
Linda Young runs A Dog Bite Prevention and Help at: http://dogbitehelpcenter.com AND Weight loss natural blog at: http://weightlossnaturalremedies.com
Related Dog Articles
