The Menace of Dog-Bite

Being a receiver of a dog bite is an emotionally and physically jarring experience. Dog bites are rampant in the U.S.

The Centers for Disease Control and Prevention state that in the U.S., every year approximately 4.5 to 4.7 million are bitten by dogs, of which 20 percent of the victims require medical attention.

While physical injury can range from rabies infections, torn muscles and damaged tissues, scarring, fractures and dislocation and even amputation of a limb, the emotional aftereffects in the case of a vicious dog bite is even more, especially in case of children. Nightmares, loss of confidence and development of cynophobia (fear of dogs) or hatred and stress in presence of all animals may develop. Post-attack stress is another commonly observed aftereffect that disrupts the normal functioning of life.

Under such conditions, many times you need to pay repeatedly for expensive and sometimes painful treatment for complete healing. Somebody has to take responsibility, liability for the life-altering damage that you have faced.

So what are the victim's rights in a dog bite case?

Dog-bite laws have become quite strict now and hold the liability of the dog-bite on the owner or landlord of the property the bite took place in.

What makes the victim's case stronger is the imposition of the 'strict liability' now which implies that the owner or possessor of the dog is strictly liable for the dog-inflicted injuries and bites irrespective of the earlier behavior of the dog (whether he has earlier been aggressive or not) or the owner's knowledge of it. So in such a scenario the injured does not need to prove the owner was at fault. The very fact that the dog bit you without provocation and while you were at a public property or with permission in a private property (owner's property) in his presence or absence is proof enough. It does not count that the owner has always been careful with the dog or the dog has never behaved in this way earlier and it is his first bite, thus many states now exempt the one-bite law.

Hence a victim has to be compensated for all of the following:

• Medical treatment such as first-aid, ambulance, hospital, emergency room, vaccinations and medications.

• Damage to income-earning ability and loss of income.

• Future pain and suffering- this would include repeated treatments for scarring, disfigurement etc, or counseling sessions etc.

The Significant steps to claim your rights

Identifying the dog; know whose dog it is- who is the owner? Follow it up immediately with medical care.

Get the name, address and telephone number of the owner of the dog, it won't be easy to come by so call an attorney with expertise in the field who will enable you to obtain other crucial information such as the dog license information, insurance information from the owner etc.

If there were any witnesses, try recollecting them. At the scene itself, if possible take their names and phone numbers. Ensure you have their recorded statements as well. Your attorney will assist you in this process. This process might require you or your near and dear ones or your attorney to make multiple visits to the accident spot to meet the witnesses again or even visit their homes.

Take photograph of all your injuries including bloody clothes, broken glasses and so on. You can do so after your medical consultation as well.

Finally if you have not contacted an attorney immediately, do so as soon as possible, as there is something called the 'statues of limitations' that says that you lose all your rights to win compensation if you do not file a court case within a stipulated time. Besides your lawyer will be the only one who will aggressively fight for your rights and make sure you receive your due justice. He will keep a detailed record of your medical treatment and progress along with your doctor professionally so that he deals with the insurance company in a way that enables you to get complete compensation.

Exceptions to Liability

What are the situations when the victim of dog-bite cannot be entitled to liability?

• The attack on the victim was provoked- that is may be the victim physically abused the animal or somehow was interfering in his personal space or activity.

• The victim brought the injury on himself by being too careless and taking up the risk of going too close to the animal without asking his owner if the animal is friendly or not.

• The victim was a trespasser and was illegally present on the property and breaking some law.

• The victim was committing a crime against the owner of the dog.

• The dog was assisting the police or the military at the time of the incident.

Finally it is always good to observe some caution.

Reporting any instances of violence from animals to the animal control is a good idea. This would include a dog threatening you by snapping and growling at you, or if you have seen it fighting with and biting other animals, or barking furiously and chasing down pedestrians, cyclists which can easily lead them to be injured. These are labeled as 'menacing acts' and with a record of a few such menacing acts the animal control can label the dog as 'potentially dangerous' which will impose quite a few restrictions on the dogs and prevent a few prospective dog bites.