what type of lawyer do you hire to defend a dog biting a child

by Carolyne Hauck 10 min read

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.

Speaking With a Lawyer
If you're facing a lawsuit over an alleged injury caused by your dog, you should strongly consider speaking with a personal injury lawyer. An attorney experienced in this area can fully explain the defenses that are available in your situation and state, and can help protect your rights.

Full Answer

What kind of lawyer do I need for a dog bite case?

What kind of lawyer do I need if my dog bit someone? 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.

Who is liable for dog bites?

Negligence laws are common in most states; if the owner is unreasonably careless in controlling their dog, and this negligence results in injury, the owner is liable. In addition to addressing dog bites, there are state statutes that cover other types of injuries or property damage caused by dogs where the owner may be held liable.

What does a dog lawyer do?

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.

Do you need a lawyer for a dog lawsuit?

You are subsequently sued for significant damages, medical expenses, and pain and suffering. You need a dog lawyer! A “dog lawyer,” or more accurately, an animal lawyer or animal law attorney, is an attorney who specializes in matters of animal law.

What is protocol if a dog bites a child?

If the dog bite is minor, you may wash the affected area with mild soap and water, followed by an antibiotic cream application to prevent the risk of infections. However, if the wound is serious and induces bleeding and perforation, you must immediately seek medical attention.

Can a dog be put down for biting a child?

It is possible that a dog can be put down for biting someone, but it won't happen in most cases. When a dog is put down, it's usually because there is a history of aggression including the dog having bitten in the past.

How do you defend a dog bite case?

Possible Defenses in Dog Bite CasesProvocation 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. ... Assumption of the Risk. ... Trespassing and Recovery. ... Police and Military Dogs. ... Other Injuries. ... Sources:

What should you do if a dog attacks your child?

If your child is attacked by a dog, you should take the following steps:Call 911 or seek medical attention. ... Identify the dog owner. ... Call animal control. ... Gather more information. ... Photograph your child's injuries. ... Journal about your child's injuries and overall health. ... Contact the attorneys at Foster Wallace, LLC.More items...

Will a dog who bites once bite again?

In almost 90% of dog-bite cases examined, the dog was known to the child. In 51% of cases the dog was a family pet; in 15% the dog belonged to a neighbor, 13% a friend, and 10% a relative. Dogs that bite once are likely to attack again, and the second attack is often more vicious than the first.

Why would a dog bite a child?

Myth 1. Dogs socialized to children as puppies will not bite them as adults. The most common reasons for bites to family children are fear, resource guarding, pain (including accidental falls), and “benign” but provocative interactions, such as petting or hugging.

How much can I sue for a dog bite?

If there were serious injuries, the victim may sue for hundreds of thousands of dollars. However, in 2019, the average cost of a settlement for a dog bite case was between $35,000 and $50,000, depending on the state. Those amounts have been increasing, though. In 2019, the average settlement was $44,760.

How is dog bite settlement calculated?

A per diem system is used to calculate these types of awards, where at the jury's discretion, a monetary amount is determined for the daily physical pain and any emotional hardship that the victim has suffered. That daily amount is then multiplied by the number of days that pain and suffering went on for.

Is a dog always at fault when it bites a person?

In California, if a dog bites someone, it is a strict liability issue. “If there is a bite, the owners are liable,” says attorney John Montevideo. “There are some exceptions to the rule, but, for the most part, it's the owners fault for it simply having happened.

What should you do if your dog bites someone?

Stay calm and do the following:Move the dog away from the person. ... If the injuries are severe, seek medical help right away.Treat the person that was bitten. ... Avoid placing blame or admitting fault. ... If there were witnesses get their statements and contact information.More items...•

What can you do if your neighbor's dog bites your child?

If your child is bitten by your neighbors' dog, the logical first step is to seek medical attention. Next, report the bite to your local animal control or the police department. Then contact a dog bite attorney for qualified advice on how to negotiate the best outcome for your child and your family.

Why do dog attacks happen?

Dogs bite for a variety of reasons, but most commonly as a reaction to something. If the dog finds itself in a stressful situation, it may bite to defend itself or its territory. Dogs can bite because they are scared or have been startled. They can bite because they feel threatened.

What happens if your dog bites your child?

If a dog bites your child, contact your doctor, especially if the dog is not yours. Some dog bites need to be treated in an emergency department. Some dog bites can seem minor on the surface but can cause deeper injuries to muscle, bone, and nerves.

What happens if a dog bites a family member?

Report the incident to the local police or animal control officer. Authorities typically will help manage the process of confirming whether the dog's rabies vaccination is current and having the dog quarantined if necessary.