subject: Defenses In A Dog Bite Case [print this page] Do you know that about 75 million dogs are currently living in the United States? With this high number, it is not surprising to know that 4.7 million people are bitten by this animal annually.
People often interact and encounter dogs, even while they are just walking outside their house or going to a store to buy certain goods. This makes innocent individuals susceptible to dog bite injuries, which can result to their death if the wound is too deep or if the animal has rabies.
When a dog attack happens and you were injured because of it, you have the right to sue animal owner so that he can he held financial liable for your losses. However, the owner may be exempted from liability if he will present one of these arguments.
The dog was provoked- He may argue that the dog has bitten you because you provoked the animal by teasing or hitting it. Unintentional or innocent provocation may also be used in order to prove that he is not at fault for your injuries.
You were trespassing- In many states, dog owners are protected from any liability if their pet attacks a trespasser. This means the defendant may not be responsible for your safety because he is not even aware of your presence at the time of the accident.
However, the court may believe that the owner has provided an implied invitation to the public if he has no lock on the gates or signs stating that trespassers are not allowed to go inside the property.
You know that the dog is dangerous, but still chose to interact or go near it- If the dog owner warned you about the violent tendencies or aggressiveness of the animal, he may use this factor to prove that you have knowingly taken the risks of an attack or injury when the interaction occurred.
In addition, if your job requires you to work with dogs, it may be assumed that you already know the risks of a dog attack. Examples of occupations that require constant interaction with dogs include pet sitters, groomers, kennel operators, and veterinarians.
A dog owner may still be liable for your injuries, even if you know the risks of an attack, if it occurred in a state which has a dog-bite statute.
If you want to establish the owners liability, you should be able to prove that these defenses are not applicable in your case. A Los Angeles personal injury attorney can help you find evidence which will show that the attack occurred due to the owners negligence.
