Hospital bills. Stitches. Blood. Pain. The rigorous fiasco which saw your appendages, or torso, pinched in between the teeth of unmannered canines just racked up a hefty hospital bill.
You probably were not expecting to be attacked by a dog – after all, nobody is. But the truth of the matter is that dogs – when not trained properly – can be extremely dangerous. Whether it’s old Mrs. Gray’s poodle from across the road or a Doberman that jumped out of his enclosure and hunted you down, you have sustained a serious injury. 4.7 million dog-related bites occur in the US each year, and 800, 000 of these require hospital treatment. So why is it that these 800,000 hard-working Americans ought to pay for the privilege of being savaged by an animal?
The answer is that they – YOU – should not. The responsibility of the dog resides within the owner in nearly all circumstances. Perhaps this news shakes your foundation; it should.
Liability
Legal liability is the obligation to pay a debt based upon when the individual is legally responsible for an act. It’s often used in contracts, but when relating to your dog bite it is based upon tort judgments – a civil wrong where someone causes someone else loss, harm or both. In this case, the dog has bitten you and the owner is most likely responsible. This means that the owner has caused you harm through allowing their dog to attack you. In most cases, what is paid is covered by insurance so it is most likely that the owner of the dog will be able to pay for the damages quite easily. Reading any insurance directory listing under ‘liability’, and you’ll plainly see that liabilities aren’t taken lightly where pets are concerned.
If the owner does not have insurance covering the dog or a guest clause in their medical insurance to cover you then they may often still have other finances available, which can be further investigated. It is foolish not to get insurance as the owner needs to be open to every possibility just in case something does happen. The lack of insurance may also suggest that they are not caring for their dog properly, or do not care about it. If so, this may aid if you argue that the dog was being neglected.
Point Fingers Correctly
No. And don’t let anyone convince you otherwise. The only way it could be your fault is if the dog was suitably restrained, you were aware of how vicious it was and you were trespassing on private property. Having done this, you would still have to decide to approach the dog and try stealing its food. If this is what happened, then you may well have deserved to have been bitten for ignoring the warning signs that the dog is giving you. Most people (if any at all) will not have done this and it is really just demonstrates how extreme the case must be to be classified as your fault. Dogs are animals that were selectively bred for aggressive hunting and energetic working. They need to be properly cared for and exercised or they become violent and aggressive leading them to attack people. There is no way that you are responsible for their care and walks, so the bite is, in no way, your fault.
By Fault Of Owner?
If you’re wondering whether the animal owner is indemnified for their dog’s vicious behavior, the short answer is yes. You have probably spent the time since getting bitten debating about what you can do and probably wondering whether the owner truly is responsible for what happened. Although the dog may have free will, if it is capable and likely of causing damage or harm to any individual then it is up to the owner to control it and remove it from situations where incidents, such as biting, can occur. If the dog is acting aggressively then it is most likely due to neglect from the owner where it has either been raised poorly or has become so frustrated with the circumstances it is subjected to that it lashes out at any human or animal that it is able to reach.
Some dogs are known to be much more dangerous than others. This is why certain breeds of dogs are outlawed in some states (Pit Bulls, for example). This is because they have been specially bred to be particularly aggressive and vicious so there is a higher incidence of dog attacks associated with that breed. In 2012, 50% of the total of fatal dog attacks were perpetrated by Pit Bulls. If the owner has opted to get a dog within a breed that is considered dangerous, then they need to be certain to take extra precautions.
They have a responsibility when taking in a dog like that to care for their neighbors and anyone else that the dog comes into contact with. If they do not take all of the necessary precautions possible, then they are at fault. If they do take all of the necessary precautions possible then the dog would not have been able to bite you or even wanted to bite you. Your injuries are proof of the owner’s fault.
