You may feel torn about pursuing legal action due to your love for animals conflicting with the pain you have experienced, but dog bites can be traumatic and exceedingly taxing physically and emotionally. However, it is vital to take action to protect your financial interests and prevent a similar incident from occurring in the future.
What Should Be Done After a Dog Bite?
- Document the incident: take photos of injuries, the location, and the dog, and write a detailed breakdown.
- Seek medical attention: you will need tetanus and rabies injections.
- Report the incident: contact the police and animal control.
- Witness statements: collect contact details for neighbors and witnesses.
- Maintain records: keep all your medical bills, x-rays, prescriptions, etc.
- Track your recovery: keep a journal that details your recovery process, the medical treatment you need, and how the injury impacts your life.
- Contact an attorney: reach out to HHJ Trial Attorneys for expert legal guidance through the dog bite claim process.
- No statements: do not speak to the defendant’s insurance provider without your dog bite attorney.
- Evidence: gather evidence for the case, such as CCTV footage, witness statements, and previous animal control reports.
What Are the Most Common Defenses in Dog Bite Cases?
- Provocation
One of the most common arguments defendants present in dog bite cases is provocation. The defendant may claim that the plaintiff provoked the dog through actions or words, causing the dog to react defensively. The evidence you and your best San Diego’s personal injury lawyer collect will play a vital role in demonstrating that your actions were non-threatening. Video footage will clearly show your behavior and the dog’s reaction. - Trespassing
The defendant’s attorney may argue that you are at fault because you were trespassing. To overcome this, you must show you had a legal right to be on the property. You can present evidence of an invitation via email or text message. If you were delivering a package at the time of the incident, you had implied permission to be on the property to fulfill your duties. If you trespassed unknowingly, your attorney will argue that there was insufficient signage showing that you had entered private property. - Awareness of Risk
The defendant can claim you were aware of the risks and voluntarily interacted with the dog. You must prove that you were unaware of the dog’s aggression and that the owner did not warn you about the potential dangers. You can confirm this through witness statements corroborating your actions as reasonable and within normal expectations for interacting with a dog. - Contributory Negligence
The defendant will most likely try to place some of the blame on you and will argue that your negligence contributed to the occurrence. You must make a statement explaining your actions and provide evidence of the precautions you took to prevent the incident. You and your attorney will assemble evidence proving the owner’s negligence. - Lack of Knowledge
The dog’s owner may argue that they had no knowledge of the animal’s aggressive tendencies or that the dog has never acted violently in the past. Your attorney will investigate the dog’s history, including animal control reports and veterinary records. Neighbors can also provide statements attesting to previous notable behaviors. - Misidentification
Sometimes, the defendant may argue that they don’t own the dog responsible for your injury. The photos of your injury and a medical report from the emergency room will provide crucial evidence to determine which animal bit you. If you managed to take any pictures or videos of the dog, they will clearly show which animal caused your injuries.
Why Does Hiring an Lawyer Matter in a Dog Bite Case?
Navigating a dog bite case can be complicated and emotionally fraught. The dog’s owner will undoubtedly make an effort to defend their dog and its actions, but it is vital to persevere even when faced with common defense tactics. Having an experienced attorney by your side will make the process easier and provide you with invaluable support:
- Knowledge: Your attorney will have in-depth knowledge of local and state dog bite laws that affect your case.
- Investigation: Attorneys have the resources and expertise to conduct thorough investigations to gather evidence supporting your claim.
- Negotiation: An attorney has the experience to present arguments and negotiate effectively to secure fair compensation.
- Trial: If your case cannot be settled and you proceed to trial, having a skilled attorney in your corner can significantly impact the outcome.
- Compensation: Your attorney will ensure that compensation is calculated considering all damages, including physical, mental, and financial.
- Support: Having an attorney to represent you removes the burden of legal complexity from your shoulders so you can focus on recovering.
How to Overcome Common Dog Bite Defenses?
While a defendant may use various defense strategies in a dog bite case, being prepared can help you overcome the challenges they present. You can pursue fair compensation and protect your rights by acting immediately, collecting crucial evidence, and seeking professional guidance. Contact HHJ Trial Attorneys for supportive guidance throughout the complex dog bite claim process so you can prioritize your recovery.
