How do you prove liability in dog attack cases and how do you file a claim and get compensated?
In the U.S. dog bite cases are one of the most common types of home insurance claims people file each year.
If you've been bitten by a dog what are your next steps? In the case of dog attacks you need to prove liability, but how do you do that?
The victim needs to identify the dog that attacked them and that dog's owner. If no owners are present then the victim can find out the owner's information from the dog's identification tags. Most areas require dog's to carry their owners contact info.
Liability really depends on your state's laws.
In some states, the laws maintain that dog owners, regardless of whether or not the owner knew they were keeping a dangerous breed, face liability for attacks. Other states require that the dog owner has to know their breed was dangerous in order to prove liability.
Additionally, dog owners may claim they were not liable if the victim of the dog attack if it happened after they had provoked the dog or they had trespassed, climbed a fence and entered the dog's yard.
Was the owner of the dog violating any laws?
You may have a strong case if the owner knowingly kept a dangerous animal or if they violated confinement laws.
For example, in New York, an owner of a "dangerous dog" is liable medical costs for any injuries the dog causes to a person or service animal.
Looking to file a claim?
Most dog attack cases are settled outside the court. Cases are most often handled by the dog owner's homeowners insurance policy. The insurance companies typically try to settle. If you've been bitten by a dog and you aren't been taken seriously, find an experienced dog bite attorney, who can settle your case out of court and get you the compensation you deserve.
Find out what the laws in your state say about liability. If they are confusing or seemingly conflicting, don't hesitate to consult with an attorney.
Statute of Limitations
Again it's important to look into the laws governing your state to learn more about liability, but it's also important to find out what you state's statute of limitations is for dog attack lawsuits.
For example, in New York, the statute of limitations requires that dog bite cases are filed in court within three years of the date of the dog bite.