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Dog/Animal Bites - FAQ
Q: If my neighbor's dog bit me on my property, do I have a legal
claim?
A: It depends on the circumstances. You will need to determine,
for example, whether your state imposes "strict liability" on dog owners. If
so, you may only need to prove that the dog injured you. If your state does
not have a strict liability law, you may need to show that your neighbor knew
or should have know of the dog's vicious propensities before it attacked you.
Q: Can a person bring a legal claim if he or she was bitten
by a stray dog? If so, against whom?
A: Most likely, a person
bitten by a stray dog will not have a legal claim. Municipalities are generally
not responsible for stray dogs. If, however, a dog is being kept at the local
pound and escapes and bites you, you may have a claim against the pound. If
you can argue that the pound's negligence caused your injury, you may be able
to recover damages.
Q: Do I have a claim if I went to a house to perform work,
and was bitten by the property-owner's dog?
A: In most cases, if
you are asked into a house (or onto property) to perform work for someone, the
person who owns the property has a legal responsibility to take reasonable efforts
to protect you from injury. Thus, if the person has a pet, the person might
be responsible for keeping the pet away from you, or at least warning you of
the presence of the animal. Note that you may also have a workers' compensation
claim against your employer. Because every case is unique, however, you should
consult an attorney for further clarification.
Q: A police dog bit me. Do I have a claim?
A: It depends
on the circumstances. Police cannot use unreasonable force when making an arrest
or performing any other duty. The improper use of a police dog can constitute
unreasonable force. If this was the case in your situation, which is something
you should have an attorney help you determine, the police may be required to
compensate you for your injuries.
Q: If a dog bit me while I was working, can I file for workers' compensation?
A: If the injury occurred during the course of your normal work duties,
you will most likely be able to file a claim for workers' compensation with
your employer. In addition to your workers' compensation claim, if the owner
of the dog is not your employer, you may be able to bring a legal claim against
that person as well.
Q: My city has a "leash law." If a dog owner violates this law, is
she liable for injuries caused by his dog?
A: Generally, yes. If
an owner violates a leash law, and her dog attacks someone, many courts will
hold that this fact alone is enough to conclude the owner was negligent, and
that the injured person is entitled to compensation from the dog owner. To determine
whether your city or state has a leash law, you should contact a local attorney.
Q: Can a person be imprisoned for keeping a vicious animal?
A:
Yes, there have been numerous instances where people have been criminally convicted
for knowingly owning dangerous animals. In some instances, owners have
been found guilty of murder when an animal's attack killed another person. Sentences
have ranged from severe fines to significant jail time.
Q: If someone else's animal kills my pet, do I have a legal
claim?
A: If your pet is injured or killed by another animal,
you may be entitled to receive "compensatory" damages. The amount may include
the purchase price of a similar pet, registration of a purebred animal, licensing,
shots, and training costs. Additionally, if you spent additional money on your
pet -- other than for normal veterinary bills -- you should be compensated for
such sums. In some cases, you may be able to receive compensation for mental
anguish, loss of the companionship of the pet, and even punitive damages. Because
the laws differ in each state, you should check with an attorney for further
information.
FAQs
- A security guard in a store suspected me of shoplifting and detained me. I have heard about something called false imprisonment. Do I have an action for that?
- What kind of legal fees should I expect in a personal injury case?
- We got behind on our bills and a bill collector has been stopping by and calling us day and night. The bill collector intimidates us, calls us names, and threatens to destroy our credit record. We are nervous wrecks. What may we do?
- Would I be liable if a trespasser were injured on my property?
- Isn't battery a crime?
Accident and Injury Resources
- Checklist: Steps to Take After an Injury
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- Sample Medical Records Release Form
- Worksheet: Damage Estimate
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- The FindLaw Accident, Injury and Tort Law Blog
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- Find Personal Injury lawyers in all locations
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