Legal Defenses to Dog Bite Injuries
Posted on Feb 24, 2015 5:20pm PST
No matter how friendly and affable your dog may be, it is important to remember that this is an animal who may react when provoked. Does this mean that you have a dangerous dog? Not necessarily. A dog may bite if it feels cornered, threatened, or if it protecting its property from someone else. If your dog has bitten another person, you may have some legal defenses that can prevent action from being taken against you and your pet.
When am I not liable for my dog's actions?
According to some recent estimates, 164 million pets are owned in the United States, which means more than 60% of American households have at least one pet in their family. Most dogs kept as pets are companions to the family, being treated as one of their own. These dogs play with children, accompany adults on walks, and play with other dogs at the dog park without any complications. However, they can still lash out without warning.
If a dog causes an injury to another person, there may be some legal defenses to their actions.
An injured person could be responsible for the attack if they:
- Provoked the injury. Actions such as hitting or teasing a dog can be considered provoking them to react, although less intentional actions can also be considered provocation. For example, stepping on a dog's tail, intervening in a dog fight, or petting an unfamiliar dog can be considered provocation.
- Took the risk of injury. When someone knows there may be a risk of injury but ignores warnings to proceed in their own manner, they may be liable for their own injury. This involves ignoring signs indicating a dog is angry or aggressive. Others, such as veterinarians assume risk as well.
- Act in a manner of carelessness. If the person injured did not take reasonable steps to protect themselves from a dog bite, they may be considered careless and cannot hold an owner responsible.
- Trespass on property. When someone comes onto your property uninvited, even if there aren't warning signs or locked gates blocking their way, they may be considered to be trespassing. If you reasonably expect that your property will not be accessed by someone that is uninvited, you can argue that they were trespassing.
- Break the law. If the alleged victim was attempt to break into the house or commit some other type of crime when the dog bite attacked, this may also null any possibility of holding an owner accountable.
Depending on the rules and regulations of your state, you may find that some of these defenses apply. Your family pet should not be unfairly punished based on the negligent actions of another person. Be sure to explore all of your options when defending your pet!
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