You may find that – especially if the animal has a history of being violent – then the local animal control services may already be aware of the behavior and personality of the dog. If this is so, by allowing the dog to remain with the owner, they have decided that it would not be at risk of attacking anyone again. Obviously, they were wrong and if they had made the right decision then you would not have been injured. Through this mentality, they are also at fault for you injury hence are liable. In a few instances across the nation, they have had law suits held against them for this exact reason.
Stores or places of work that advocate or allow animals within the premises can also be liable should the damage occur on their property as they have decided that the situation was safe. This exposes members of the public to a myriad of dangers associated with dog attacks and dog bites and gives them no chance to avoid it as people cannot stop going to the shop or to work. By allowing animals on their property, they are accepting the blame by also accepting the responsibility of controlling the animals that come onto the property.
Landlords are also liable if they have been negligent and have not told their tenant to get rid of a dog that is known to be violent. Similarly to the example above, they own the property so ought to ensure that no one is in danger on the property or else they have failed in their duty to provide a safe environment. More information can be found in any great society directory or the ASPCA site.
To Sue, Or Not To Sue
You should pursue a law suit because you have suffered unduly. Not only have you sustained an injury from being bitten and attacked, you have also had to endure all of the other dangers that are associated with the trauma; You could sustain an infection, the dog may have rabies, you will need a tetanus jab, you will most likely feel stressed or possible afraid of dogs, you may need medical attention, it may have seriously damaged or disabled you. The list goes on and demonstrates just a few reasons why you may be inclined to seek damages.
To treat the injury, you will have had to go to hospital and most likely claim on your medical insurance. This means that you may face paying a higher rate in the future purely for the pleasure of being attacked. It’s not just hospital bills that are affected, but also your quality of life. If you know that there is a deranged dog in the neighborhood then you may fear even leaving your house. Your quality of life will suffer for this.
Some bites and attacks are much more severe and lead to disability and disfiguration. You should not have been exposed to this danger which may affect your job and, more importantly, your life. You may not particularly want to sue, but there may be no alternative if your injury is so severe that you are able to work. How else will you support your household?
Lawsuits Create Awareness
Pursuing a law suit and seeking damages does not only benefit just you. It also makes people aware of the dangers of the dog. By reporting the dog, it is making sure that it is more likely to be controlled in the future. It is a selfless act. Imagine if a child were attacked. There were 34 fatal dog attacks in the US in 2012. 12 of these 34 were children. It could easily be your child or a child in your neighborhood next if the dog were not reported. Most states tend to allow one bite if the previous history of the dog is not violent. How would you feel if you did nothing about it and then someone else was bitten and more seriously injured, or worse?
The Process
If you are suing the owner of the dog then the case will be handled within the civil court to decide whether the owner has broken tort law by allowing the dog to attack and bite you. However, in a minority of cases, the case may be taken to the criminal court if life threatening injury or death has occurred.
When you seek medical treatment, the staff at the hospital will most likely make a report on the dog attack. This can be used as evidence later in court to demonstrate the extent of the attack. They may or may not pass this information on to the local animal control authority and police, so you ought to also make a separate report to ensure that they are aware of the dangerous animal and can deal with it.
