Your Dog Bite Questions Answered

If you've been injured by another person's dog, you may have a lot of questions, especially if you were injured enough to require medical attention. Dog bites can range from minor scratches to major nerve and structural damage. If you would like to know more about dog bites and your rights, check out these three commonly asked questions.

1. What Is an Owner's Responsibility?

Depending on where you live, your state may follow strict liability laws or one-bite laws. Strict liability means a dog owner is nearly always responsible, regardless of the dog's history or the owner's negligence. With the one-bite rule, the owner is usually only held responsible if they knew the dog had a history of aggression or bites.

For the most part, Indiana is a one-bite state. Therefore, to get a fair settlement, you must prove the owner knew about the risk. This doesn't necessarily mean the dog has bitten someone in the past. Even a history of trying to attack people, jumping at people, chasing people, etc. could be enough to prove the owner knew the risk. In one-bite states, you may also have to prove negligence.

When it comes to local, federal, and state officials, however, Indiana follows strict liability laws. This means that if a dog bites a mail carrier, census worker, etc. the owner could be held responsible, even if the dog had no history of aggression and the owner wasn't negligent.

2. What if You Instigated the Attack?

In some cases, you may instigate the dog attack, and, in these cases, you may not qualify for a settlement.

One of the worst ways to provoke a dog is by trespassing. Some dogs, especially larger ones, have been trained to protect their property, so if you trespass and get hurt, you may be out of luck. However, if the property is a popular place to trespass, the owner may have some level of responsibility to protect or warn trespassers about the dog.

Of course, there are other ways you can instigate a dog attack. Some people may go out of their way to tease a dog, poke it, stare at it, growl, etc. If this causes the dog to attack you, especially if the owner warned you, you may not qualify for a settlement.

Unfortunately, you don't have to have purposely tried to bother the dog. You may have accidentally stepped on its tail or approached it while it had a snack. If this aggravated the dog enough to attack you, it can affect your settlement offer.

3. How Much Money Can You Get for a Dog Bite?

As with any personal injury, the amount you get largely depends on your injuries. At the very least, however, if you win your case, you will be awarded money for medical bills and any lost income related to the attack and treatment for the attack. Property damages may also be awarded if the dog also damaged your belongings.

Dog bites, however, can be incredibly traumatic. Sharp teeth and massive pressure can crush bones, smash muscles, and damage nerves. This could lead to permanent disfigurement, scars, impairment, nerve damage, etc. Moreover, the attack could leave you afraid of other dogs. For this reason, many people also sue for pain and suffering.

If the owner was purposely negligent or went out of their way to make sure their dog attacked you for no reason, you may get additional money called punitive damages. Punitive damages have nothing to do with you; they are designed to punish the dog owner.

Dog bites can be horrific and leave people scared and scarred for life. Typically, if you can prove negligence, you can get a fair settlement. If you would like to know more, contact us at Wegner & Associates, attorneys at law.