Understanding Dog Bite Injuries and Your Legal Rights

Dog bites can cause serious physical injuries and emotional trauma, often leading to extensive medical treatment, scarring, and even long-term psychological effects. While dogs are commonly known as friendly companions, they can sometimes behave unpredictably and pose a danger to others. If you or a loved one has been bitten by a dog, you may be entitled to compensation for your injuries. Understanding your rights in a dog bite injury case is crucial for recovering damages and holding the responsible party accountable.

Common Injuries from Dog Bites

Dog bite injuries can range from minor cuts and bruises to severe and life-threatening wounds. Some of the most common injuries caused by dog bites include:

• Lacerations and Puncture Wounds: Dog bites can cause deep cuts and puncture wounds, which may lead to significant blood loss, tissue damage, and infections. The risk of infection is particularly high if the bite is not treated promptly.
• Scarring and Disfigurement: Dog bites, especially to the face, neck, and arms, can leave lasting scars and disfigurement. In severe cases, reconstructive surgery may be required to repair the damage.
• Nerve Damage: If the bite penetrates deeply enough, it can cause nerve damage, leading to loss of sensation or mobility in the affected area.
• Broken Bones: In some cases, a dog bite may be forceful enough to cause broken or fractured bones, particularly in the hands, arms, or legs.
• Infections: Dog bites carry a high risk of infection, including rabies, tetanus, and MRSA. Even minor bites can lead to serious health complications if left untreated.
• Emotional Trauma: Dog attacks can be terrifying experiences, especially for children. Victims of dog bites often suffer from emotional trauma, anxiety, and post-traumatic stress disorder (PTSD) following the attack.

Liability in Dog Bite Cases

The laws governing dog bite liability vary by state, but in most cases, the owner of the dog can be held responsible for any injuries their pet causes. The two main legal doctrines used in dog bite cases are strict liability and the one-bite rule.

• Strict Liability: In states that follow strict liability laws, the dog’s owner is automatically held responsible for any injuries caused by their dog, regardless of whether the dog had a history of aggressive behavior or if the owner knew of the dog’s potential to bite. Under strict liability, the victim does not need to prove that the owner was negligent—only that the dog bite occurred.
• One-Bite Rule: Some states follow the one-bite rule, which holds that a dog owner is only liable for a dog bite if they knew or should have known that their dog was dangerous. This typically means that the dog must have shown previous signs of aggression or have bitten someone before for the owner to be held responsible. However, once a dog has bitten someone or displayed dangerous behavior, the owner is expected to take precautions to prevent future attacks.

Even in states that follow the one-bite rule, dog owners may still be held liable if they were negligent in controlling their dog, such as by failing to use a leash, allowing the dog to roam freely, or not warning others of the dog’s aggressive tendencies.

Steps to Take After a Dog Bite

If you’ve been bitten by a dog, taking the right steps after the incident can help protect your health and strengthen your legal case. Here are some key actions to take:

1. Seek Medical Attention: Even if the bite seems minor, it’s important to seek medical care immediately. Dog bites carry a risk of infection, and a healthcare professional can properly clean and treat the wound. Keep records of all medical treatments, as these will be important for your legal claim.
2. Document the Incident: If possible, take photos of your injuries, the location of the attack, and the dog that bit you. If there were witnesses to the incident, gather their contact information, as their testimony may be valuable in your case.
3. Report the Attack: File a report with local animal control or law enforcement to document the incident. This will create an official record of the attack, which can be used as evidence in your claim.
4. Identify the Dog’s Owner: If you don’t know the dog or its owner, try to find out who is responsible for the animal. The owner’s identity is necessary for filing a legal claim, and you’ll also want to confirm whether the dog has been vaccinated against rabies.
5. Contact an Attorney: Dog bite cases can be legally complex, especially if there are questions about liability or if the dog’s owner disputes the claim. An experienced personal injury attorney can help guide you through the process, negotiate with insurance companies, and pursue compensation for your injuries.

Compensation for Dog Bite Injuries

Victims of dog bites may be entitled to compensation for a range of damages, including:

• Medical Expenses: This includes the cost of emergency care, surgeries, medications, physical therapy, and any long-term treatment required for recovery.
• Lost Wages: If the injury prevents you from working, you may be compensated for lost wages during your recovery. In cases of permanent injury or disfigurement, you may also be entitled to compensation for loss of future earning capacity.
• Pain and Suffering: Compensation for the physical pain and emotional distress caused by the dog bite, including anxiety, PTSD, and fear of dogs.
• Scarring and Disfigurement: Victims may be compensated for permanent scarring or disfigurement caused by the bite, particularly if it affects visible areas like the face or hands.
• Property Damage: If the dog attack resulted in damage to personal property, such as torn clothing or broken eyeglasses, you may be entitled to compensation for repairs or replacements.

Why You Need an Attorney for a Dog Bite Case

Dog bite cases can be complicated, especially if the dog’s owner disputes liability or if there are questions about the dog’s behavior. An experienced attorney can help you navigate the legal process, gather evidence, and build a strong case to hold the responsible party accountable.

An attorney can assist by:

• Investigating the Incident: Your attorney will gather evidence, such as medical records, witness statements, and the dog’s history, to prove that the owner is liable for your injuries.
• Negotiating with Insurance Companies: Many dog owners have homeowner’s or renter’s insurance that covers dog bite claims. Your attorney will negotiate with the insurance company to ensure you receive fair compensation for your injuries.
• Filing a Lawsuit: If a settlement cannot be reached, your attorney will file a personal injury lawsuit on your behalf and represent you in court to fight for the compensation you deserve.

At Spagnoletti Law Firm, we will fight to help victims of dog bites recover the compensation they need to heal and move forward. If you or a loved one has been injured in a dog attack, contact us today for a free consultation. We’ll review the details of your case and help you pursue justice.  Please contact us online or call 713-804-9306 or to learn more about your legal rights.