According to the Centers for Disease Control and Prevention (CDC), there are over 4.7 million dog bite incidents every year in the United States. Of these, 800,000 people will seek medical attention and 50% of these dog bite victims are children. Out of the 800,000, 386,000 victims of dog bites will need to get emergency medical treatment for their injury.
In states where there are no strict liability laws for dog bites, an injured person usually needs to show that the owner of the dog knew, or had reason to know, that the animal had a predisposition for biting or attacking, if the injured wants to recover damages from the owner of the dog. In other words, it must be shown that there was “vicious propensities” in the dog.
There are a few common factors that you can use to show that a dog owner knew, or should have reasonably known, of the vicious propensities of their animal.
Dog’s Breed and Size: In general, the larger the animal is, the more likely it is to cause injury. The breed and species of the animal may also have relevance if you can prove that, as a general rule, that particular breed has vicious propensities, such as a Rottweiler or pit bull.
Purpose of Keeping the Dog: If the owner keeps an animal for protection and the animal is trained to attack unknown people, it can be concluded that the dog’s owner knew or should have known that someone might be attacked by it.
Frequent Biting or Snapping: If the dog has a history of aggressive behavior, it can be used to show that show that the owner knew that the animal had a propensity for viciousness. Signs like frequent biting or snapping can be used to prove this.
Previous Complaints: If there had been complaints in the past about the dog, but the owner did not do anything, or did not do enough, to prevent attacks in the future, it can be used as evidence that the dog’s owner did know that it could be a danger to people. It would be helpful if you could find other people who have been attacked by the dog in the past.
Frequent Confinement of the Dog: If the owner of the animal frequently confines it in a cage or on a tight chain or leash, it may be an indication that the owner is aware that the animal may be a danger to people. You should find out if the owner keeps the animal locked up most of the time.
Get Legal Help for a Dog Bite
If you or a loved one has been injured due to a dog bite, you should immediately get in touch with a personal injury attorney at RMFW Law at 212 697 9280. You can discuss the facts of your case at a free consultation and determine if you have a viable case against the dog owner.
RMFW Law knows how to win cases. We win cases all of the time. What is your side of the story? What really happened? You pay us nothing up front, the first meeting with us is free.