Animal Bites & Liability Issues
While dogs and other domestic animals might be some of the best and most loyal pets around, often, due to certain unforeseen actions and issues, they ma end up attacking an individual, causing them some form of bodily harm or injury. According to Mr. Charles Spinner, the best injury lawyer Sarasota has to offer, in some of the worst of cases, individuals can end up permanently injured or otherwise disabled, and even in the absolute worse case scenario, it would lead to the individual’s passing. The worst part about such types of injuries is that dog and animal bites are far more severe than we might think and will often lead to some of the highest and most expensive medical bills, and require a long recovery period – in essence, leading to past, present and future lost wages. Considering the value of such issues, as a victim, obtaining justice in the form of monetary compensation is fairly vital – however, considering the facts, it can fairly difficult to prove liability in such cases, as they require that the owner knew the animal had a propensity for violence – however in some areas this fact doesn’t matter at all, and a dog owner liable regardless of whether or not the owner knew of the dog’s dangerous nature.
One interesting aspect of animal bites is that there is a different legal standard for different types of animals. While some like to argue this type of law, its vital that the law is able to discern having a poodle as a pet, version having a mountain lion. According to Mr. Spinner, the best injury lawyer Sarasota has in practice, different states have enacted “dog-bite laws,” which impose strict liability on dog owners for injuries caused by their dog. Strict liability means that the dog owner is liable for injuries caused by his or her dog, regardless of whether or not the owner was personally at fault.
If there is no dog-bite law that imposes strict liability on the dog owner, the injured party must prove that the owner knew (or should have known) that his or her dog was vicious. However, regardless of the presence of certain laws or not, an injured party might not be able to recover in the event it can be determined that the injured person, in some way, provoked the dog in order for it to attack them. In addition, in certain instances, if the injured party was trespassing, possibly to commit a criminal act, then they also might not be able to collect. While such laws will go for more domesticated dogs and cats, for some individuals who have far more wild animals, their “pets” are subject to strict liability because wild animals are considered inherently dangerous. According to Mr. Spinner, the best injury lawyer Sarasota has to offer, for this reason, even if the pet owner tries his or her best to protect people from his or her wild animal, if a person is injured by the animal, the owner can still be held liable. Horses and other domestic animals, on the other hand, are generally treated under the standard rule of negligence. Thus, the owner will usually be held liable if he or she knew (or should have known) that the animal had dangerous tendencies.
In other states that do not have any liability for dog bites, the injured party needs to prove that the animal had vicious propensities that the owner might have known about prior. There are various factors that a plaintiff can use to help his or case in proving that the dog had vicious propensities. A good way to show that the owner knew that the dog could be dangerous is if there were previous complaints brought to the owner’s attention. If the owner didn’t do anything after receiving the complaints, he or she could be held liable for injuries because of his or her negligent behavior. The problem is that, when you, as an owner, take certain protective actions, such as often confining or muzzling the dog, could also be used as indications that the owner was aware that the dog could be dangerous, and your preemptive nature will actually count against you in this case. For more information on animal attacks or dog bites, be sure to contact Mr. Charles Spinner today.