Is a dog always to blame when it bites a person?

In the same way, the burden of preventing a dog from biting falls primarily on the owner of the dog. Owners or caregivers (people who are given control or possession of the dog) are automatically liable when injuries occur.

Is a dog always to blame when it bites a person?

In the same way, the burden of preventing a dog from biting falls primarily on the owner of the dog. Owners or caregivers (people who are given control or possession of the dog) are automatically liable when injuries occur. Dogs do not usually intend to harm humans, but it does happen, depending on the care or lack thereof, that the canine receives from its caretaker. Dog owners who fail to comply with a reasonable duty of care are acting negligently and may be liable for their injuries.

In other states, dog owners are liable under strict liability theory. Strict liability states will hold dog owners liable for injuries their dog causes, regardless of whether they have acted negligently. There are certainly exceptions to the one-bite rule, and each case largely depends on the unique circumstances in which it occurred. A dog bite lawyer in your state will be able to tell you if the one-bite rule applies or strict scrutiny and what may be the best strategy for holding the owner or other party accountable for your injuries.

Dog bite laws in many states do not apply in certain circumstances, especially when the injured person provoked the dog or was invading. Some of these statutes make victims (rather than landlords) prove they weren't at fault. And some defenses may be available if the owner's liability is based on the rule of a bite or negligence, but not under a dog bite statute. An aggressive dog must be handled correctly.

The owner, in many cases, can be held liable if a dog bites or injures someone, even if the owner did not intend to harm and did not know that the dog was aggressive. Comparative Fault decides who was “most responsible” for the bite that occurred in the first place. It may seem strange that someone could be responsible for being bitten, but think of it this way. If you teased or provoked the dog before they bit you, that could have contributed to the dog biting you.

Along the same lines, if you were the original aggressor and the dog bit you in self-defense, you could be found guilty. In that case, neither the dog nor its owner would be responsible. Each dog attack is an individual situation and the blame can fall on any party that is involved in the attack. The unique circumstances that caused the attack play an important role in determining who really is the culprit.

Fault must be determined on a case-by-case basis. In an incident where the dog's owners and the victim cannot agree on who is the culprit, the determination can be made by authorities such as the police or the judge. In California, if a dog bites someone, it's a matter of strict liability. Determining whether someone other than a dog owner could share responsibility for a dog bite is a data-intensive investigation that depends on the laws of the state in which the bite occurred.

In the Tampa Bay Area, if a dog bites you, seek medical attention right away and then schedule a meeting with a personal injury lawyer in Tampa Bay who can explain your rights and options. A dog owner could avoid liability by proving that the injured person knew there was a risk of injury from the dog, but willingly assumed that risk anyway. If you continue reading, you will learn more about how liability for a dog bite is determined and you will also learn more about the rights of dog bite victims and their families in this state. Dogs can bite with or without warning for a variety of reasons, so it's wise to be wary of unfamiliar dogs.

A “dog bite statute” is a state law that holds dog owners accountable for injuries caused by their dogs, even if an owner didn't know that the dog was likely to cause that type of injury. Although these types of bites are not signs of aggression, they can be just as devastating to the victim. Contacting a dog bite lawyer could be your best bet for getting fair compensation after suffering your injuries. If you or a loved one has been bitten by a dog, the most important thing you can do is to seek medical assistance right away to treat your injuries.

However, before you have a legitimate case that you can take to court, you need to understand not only the duty of care of the dog owner, but also the concepts of negligence and liability. If a dog hurt you, then you know firsthand how dangerous it can be under the wrong circumstances. An owner who is found to have been negligent in caring for his dog or in protecting the public of his dog may be found guilty of his dog's attack. If you are injured by a dog, Florida law entitles you to compensation for your medical costs, lost wages, pain, suffering and related damages.

It can be difficult to determine liability in most personal injury cases, but when a dog bites a person, the owner is usually liable. . .

Molly Armstong
Molly Armstong

Amateur beer scholar. Subtly charming beer evangelist. Incurable pop culture enthusiast. Devoted tv nerd. Hipster-friendly internet fanatic. Incurable web nerd.