Recently we were talking with some truck accident attorneys about some case of dog bites which they have seen inside their law firm. Whilst these lawyers are not specialized themselves, the firm houses some who are, and they focus their job on protecting clients who have been bitten by dogs. There is nothing more horrifying than seeing your beloved pooch sink its teeth into someone, but who is at fault if this happens?
You may never need to know this information, but there is nothing wrong with having it to hand in the event that your dog, for whatever reason, bites someone.
Nobody
In many cases states will apply what is called the one bite rule, and this can eventually mean that it was nobody’s fault that the dog bit. Whilst our beloved pets are domesticated, we have to still understand that they are animals and they still have some remainder of those instincts which they required in the wild. The one bite rule is basically a pass which the state gives to dog owners, with have pets who have never bitten someone before.
The Owner In Most Cases
In most cases of dog bite claims however, we find that it is the owner who has been negligent and that is what has resulted in the dog biting. This happens most frequently with owners of dogs who do have a history of biting people or who have a particularly aggressive nature. There is no law against having these dogs as pets, but there is a big responsibility on the shoulders of the owner to make sure that their dog is kept on a short leash, literally. Owners of dangerous dogs should ensure that they are using muzzles and strong leashes so that they do not pose a risk to any members of the public.
The Victim of the Bite
Make no mistake, there are several cases which find that it is the victim of the bite who was actually to blame for getting bitten. This is more often than not because they have provoked the dog, at which point it has lashed out. These animals are not cuddly toys and if they are repeatedly provoked they most certainly can erupt. If there is sufficient evidence to find that this has been the case, the dog and the owner will be absolved of any blame. The same situation occurs when it comes to anyone who enters a property without permission. If someone does so and is then bitten by a dog which lives on the property, the blame will fall squarely on the shoulders of the person who is trespassing.
When it comes to a dog biting someone the cases are usually complex and tough to prove. What is important however is that we don’t just assume that the owner and the dog are responsible, because there are a number of additional factors which we have to bear in mind.