what kind of lawyer defends a dog attack

by Jermain Osinski 6 min read

A “dog lawyer,” or more accurately, an animal lawyer or animal law attorney, is an attorney who specializes in matters of animal law. Circumstances in which you may need sound legal advice and representation from someone with extensive experience with dog-related cases are not limited to dog bite incidents.

Skilled attorneys who specialize in dog bites make their careers dealing with personal injury. They will talk to the insurance company for you to make sure you receive fair compensation. Another option is to file a lawsuit against the pet's owner.

Full Answer

Can I file lawsuit if another dog attacks my Dog?

What kind of lawyer do I need if my dog bit someone? Answer Most personal injury lawyers should be able to handle a dog bite injury case, and you typically don't need to worry about finding an attorney who specializes in "dog bite defense" cases as opposed to one who handles work on the plaintiff's side.

What are the laws on dog attacks?

Feb 17, 2012 · A “dog lawyer,” or more accurately, an animal lawyer or animal law attorney, is an attorney who specializes in matters of animal law. Circumstances in which you may need sound legal advice and representation from someone with extensive experience with dog-related cases are not limited to dog bite incidents.

What to do in the case of a dog attack?

Mar 06, 2020 · What type of lawyer do I need to defend me in a dog bite? Lawyer directory. Find a lawyer near you. Avvo has 97% of all lawyers in the US. Find the best ones near you. First, choose your state: Alabama; Alaska; Arizona; Arkansas; California; Colorado; Connecticut; Delaware; Dist. of Columbia; Florida; Georgia; Hawaii; Idaho; Illinois ...

What is the average settlement for a dog bite?

May 02, 2022 · Do not get hostile. Seem apologetic that he got bit, but do not admit that it is your fault, although it likely is as it was your dog. if your roommate has insurance, make him report the matter to his carrier. From there, you just have to see what the attorney wants to do. The attorney might drop the case if there is no insurance.

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What is the average settlement for dog attack?

According to the Insurance Information Institute, these are the numbers of average payouts for a dog bite in the top 10 states in America for 2019: California – Average dog bite payout $51,264.6 over 2,396 claims totaling $122.83 million.

Can someone sue you for a dog fight?

You may be sued if your dog bites a person or attacks another animal. The person who's been harmed — or the person whose animals have been harmed — may file a civil lawsuit against you, seeking monetary redress. See our page on Stages of a Civil Trial for more information about what is likely to ensue, in that case.

Can you sue someone for their dog attacking your dog?

California law permits people whose dog was attacked by another dog to sue for damages. But it is not California's dog bite statute, Civil Code 3342, that applies in such cases. Rather, California law classifies dogs as personal property.

How do you defend a dog bite case?

Possible Defenses in Dog Bite Cases
  1. Provocation and Negligence. If the injured person provoked the dog to attack—either purposely or negligently—the owner may not be held liable for the resulting injuries. ...
  2. Assumption of the Risk. ...
  3. Trespassing and Recovery. ...
  4. Police and Military Dogs. ...
  5. Other Injuries. ...
  6. Sources:

Who is liable when a dog attacks another dog?

Now granted, while many of us love our pets and consider them more than property, legally speaking, animals (including dogs and cats) are just that. This means that if a dog just sprints towards another dog and bites it, the owner of the aggressor dog will bear responsibility for any injuries to the unprovoked animal.

Are you liable if your dog attacks another dog?

Negligence is the first thing an accident attorney looks at in this case. When a dog causes injury to another dog, the negligent dog owner has breached their duty of care. This means that they are liable for the dog's injuries and any other resulting damages.Jan 18, 2022

What can you do if someone's dog attacks your dog?

If your pet is attacked by another dog, call animal control and the police as soon as your pet is safe. You want to call the authorities for several reasons. First, you want to create a record of the events that occurred. This record may be useful when bringing a claim against the dog owner.Jan 13, 2021

What should I do if someone hits my dog?

In many states, you're required to stop and call the police or other local authority if you hit a domestic animal, such as a dog or cat. If you don't stop, you could be charged with animal cruelty or failing to notify owners of property damage.

What can you do if your neighbor's dog attacks you?

What Steps do I Take After a Dog Attack?
  1. Identify the dog's owner. ...
  2. Contact animal control. ...
  3. Get treatment for your injuries. ...
  4. Gather evidence of the attack. ...
  5. Contact an experienced dog bite attorney.

Can a dog be put down for biting someone?

Euthanasia can be required after a dog bite in California if the dog has rabies, if the dog has bitten at least 2 people, or if the dog has bitten and seriously injured someone, and had been raised to attack people or fight. Unless the dog has rabies, a hearing is required before the dog is euthanized.

Can a dog be put down for defending its owner?

So, you would have the right to use a dog for self-defense -- whether as a legal defense in response to a dog bite claim, for example. or in response to a crime or intentional tort -- in the same way that you could legally exercise any other method of self-defense.Jul 23, 2020

What happens if your dog bites someone defending you?

After a bite incident, you and your dog may face charges in criminal court or "dog court." If the bite was justified because of trespass or provocation, or if there is a risk that the punishment might not fit the "crime," you will need to retain an attorney or learn how to defend yourself.

Can a defendant argue that the plaintiff contributed to the dog bite?

A defendant may also be able to argue that the plaintiff contributed to the dog bite or "assumed the risk" of a dog bite. A classic example might be the delivery person who sees that a barking dog is off of his chain in a yard, but attempts to enter the yard anyway.

How to win a dog bite lawsuit?

When it comes to the substance of a dog bite lawsuit, a defendant dog owner can usually "win" (avoid liability) in one of two ways: 1 by convincing the judge or jury that the person who is suing (the plaintiff) did not prove all necessary elements of his or her case, or 2 by providing a successful affirmative defense.

Who is liable for a dog bite?

Although the statutes vary, many "strict liability" states have a rule along these lines: If the plaintiff was somewhere he or she was legally allowed to be, and did nothing to provoke the dog, the dog owner is liable if the animal bit or otherwise attacked the plaintiff.

What is affirmative defense?

A successful affirmative defense, on the other hand, allows a defendant to win the case even if the plaintiff proved all required elements. Instead of disproving the plaintiff's case by arguing that the evidence is weak (or non-existent), the defendant presents other evidence that proves an "affirmative" defense.

What to do if your dog bites someone?

If your dog bites someone, do the right things so that the victim and his family do not become frustrated and take action. See If Your Dog Bites Someone. For the sake of prevention, see Why Dogs Bite , which explains that training, socializing and caring properly for your dog will reduce the risk that it will bite someone in the future. ...

What happens if my dog barks at the mailman?

If your dog barks too much, lunges at pedestrians, snaps at the mailman or kids on the block, trouble is on its way. It can take several forms. The Post Office may refuse to deliver mail until you deal with the problem. Animal control may cite you and fine you. Injuries to others will be followed by a letter from an attorney which, if you do not answer it, will in turn be followed by a visit from a Sheriff bearing the summons for a lawsuit.

What happens if my dog bites me?

After a bite incident, you and your dog may face charges in criminal court or "dog court.". If the bite was justified because of trespass or provocation, or if there is a risk that the punishment might not fit the "crime," you will need to retain an attorney or learn how to defend yourself.

What is proof beyond a reasonable doubt?

The degree of evidence varies with the jurisdiction and the charges; in criminal cases, it is "proof beyond a reasonable doubt" but in other types of hearings a lesser standard of proof is required. There are many defense tactics that focus on defeating the prosecutor's task.

What is the second issue?

The second issue is which laws the particular animal control department or court will choose to follow. This often is a matter of policy. Some authorities are more concerned with protecting people from animals, while others focus on protecting animals from people.

Can dogs attack other dogs?

Sometimes aggressive dogs can attack other dogs – or even people – causing serious injury and incurring expensive medical bills. Many pet owners call our law firm after their dog has been attacked or seriously injured by another dog.

What happens if a dog is attacked by another dog?

If your dog has been injured or killed by another dog, there are a few things you should keep in mind: 1 If the attacking dog is already listed as a "dangerous dog," the owner may be responsible for harboring an aggressive or violent animal and held liable for any damages or veterinary bills. 2 If the attacking dog is listed as "dangerous" and your dog has to be put down, the owner may be held responsible for the original amount you paid for your dog. 3 If other owner violated your state's leash laws, he or she may be held responsible for any veterinary costs.

Can a dog owner be negligent?

As much as we love dogs, dogs owners can be negligent about taking care of their dogs and the dog’s enclosure. It may or may not be the dog’s fault. A victim is entitled not to be injured by a dog owner’s negligence. About 99 percent of the time a dog is behaving the way it is because a human is doing something wrong.

Can a dog be killed in another city?

Or they order the removal of the dog from the city limits forever. This can subject a dog to death if the owner cannot rehome the dog in another city.

What is the animal law in Texas?

Chapter 822 of The Health and Safety Code governs animal law. Specifically the state statute deals with procedure for dogs that bite humans. It does not cover dogs that attack other animals.

What is serious bodily injury?

“Serious bodily injury” means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment.

Is a dog owner legally responsible for a dog's injuries?

In every state, people (not just dog owners) are usually deemed legally responsible for any injuries they end up causing as a result of their negligent acts. But what is “negligence”? It’s a legal concept that focuses on the reasonableness of a person’s actions based on the circumstances they are faced with.

What states have strict liability laws for dog bites?

Many states -- including California, Michigan, and New Jersey -- follow strict liability rules when it comes to dog bites. Basically, a strict liability law means that you, as the dog's owner, are liable for just about every injury your dog causes. It doesn't matter if you knew your dog was dangerous or had bitten someone in the past. Nor does it matter that you did everything you could to restrain your dog or to protect the public from the dog, such as put up fencing and warning signs.

How to make sure your dog doesn't hurt someone?

The best way to make sure your dog doesn’t injure someone is to take as many precautions as you can, to prevent a bite or any other aggressive action . Here are some steps that could go a long way toward protecting others, yourself, and your dog: Put up signs warning visitors about the presence of the dog.

Why are dogs considered man's best friend?

For others, dogs provide security, which for some can mean emotional support, and for others can mean physical safety from intruders and other wanted visitors.

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