Personal Injury Law Center

Animal / Dog Bites

For many people, a dog is a loving companion and a beloved member of the family. But, unfortunately, not all dogs are “man’s best friend” and some can cause serious dog bite injuries or even fatalities.

Depending on the applicable state laws, if you were injured in a dog bite or animal attack, you may be able to recover money damages in a lawsuit against the dog’s owner. Dog bite laws vary from state to state, with some states applying a strict liability standard and others applying a negligence standard. A dog bite attorney can help you understand the laws of your state and file a lawsuit for any dog bite injuries from the attack.

 

Dog Bite Statistics

Millions of Americans are bitten by a dog or attacked by an animal every year. In fact, the U.S. Center for Disease Control and Prevention offers the following startling statistics about dog bites:

• Approximately 4.5 million people are bitten by dogs each year.
• Almost one in five people bitten by a dog (or about 885,000 people) need medical attention for dog bite injuries.
• Half of those injured by dog bites are children.
• In 2012, more than 27,000 people underwent reconstructive surgery as a result of dog bites.
• Among children, the rate of dog bite injuries is highest for those between the ages of 5 and 9 years.
• Children are more likely than adults to receive medical attention for dog bites.
• Adults with two or more dogs in the household are five times more likely to be bitten by a dog than those living without dogs at home.

Additionally, other studies and research shows the following dog bite statistics:

• A 2009 report issued by DogsBite.org found that 19 dog breeds were responsible for 88 deaths in a 3-year period, with pit bulls accounting for 59% of dog bite deaths, followed by rottweilers with 14% of dog bite deaths.
• A 2010 study by the Agency for Healthcare Research and Quality found that the average cost of a dog bite-related hospital stay is $18,200, which is about 50 percent more than the average injury-related hospital stay.
• A 2010 study by the Agency for Healthcare Research and Quality found that there are four times as many dog bite-related emergency department visits, and three times as many dog bite-related hospital stays, in rural areas than in urban areas.

 

Dog Bite Laws

Dog bite laws vary from state to state. Many states apply a strict liability standard, which means that dog owners are responsible if their dogs injure another person regardless of whether the dog owner knew that the dog was dangerous. Of these states, many of them also have laws that hold a dog owner liable for all injuries caused by the dog, even if the dog didn’t actually bite the injured party. For instance, if a dog tries to bite a person and the person falls to the ground, resulting in a broken arm, the dog’s owner could be liable for the injuries even if the dog didn’t actually bite the person.

A few states follow a negligence standard of liability under so-called “one bite laws,” which hold a dog owner liable for injuries caused by the dog only if the owner knew or had reason to know that the dog was likely to bite or cause injuries. Although the law implies that a dog owner cannot be liable for injuries if it is the first time that the dog has bitten someone, liability can be imposed if the owner was “on notice” that a bite or attack was likely. For instance, if the dog snaps, growls, or displays other threatening behavior, the dog’s owner may be deemed to be “on notice” that the dog was dangerous, thus resulting in liability. A previous dog bite is obvious proof that the owner knew that the dog was dangerous, but assessing liability can be trickier for behavior such as barking, growling, jumping on people, and fighting with other dogs.

Because dog bite laws vary, and sometimes involve complex nuances, it is important to consult with a dog bite lawyer who will help you determine whether you may be able to obtain money damages for your dog bite injuries.

 

Get Money Damages for Dog Bite Injuries

Dog bite injuries can vary, but the following are some of the most common dog bite injuries:

• Cuts
• Internal injuries
• Broken bones
• Sprain/strain injuries
• Scars
• Facial injuries
• Nerve damage
• Amputation
• Infections such as rabies

Dog bite injuries often include mental injuries, such as depression, post-traumatic stress disorder, and a newfound fear of dogs. In many cases, the mental injuries involved with a dog bite or animal attack are just as serious as the physical injuries and they should not be taken lightly. For instance, post-traumatic stress disorder – which can happen after a person experiences a traumatic event – may continue for months or even years, and often requires treatment by a mental health professional.

Similarly, dog bite victims, especially children, may experience a fear of dogs than can last indefinitely. Parents should watch for the following signs that the child is suffering from mental injuries following the attack: bed wetting, hitting, lack of interest in school or friends, excessive crying, lack of verbal communication, developmental regression, fear of the outdoors, and sleep disturbances. If your child is showing any of these symptoms after a dog bite or animal attack, you may want to have your child evaluated by a pediatric psychologist.

In many cases, dog bite injuries are severe enough to result in scarring or require plastic surgery. Not only can the dog attack itself result in significant emotional distress, but the impact of scars or reconstructive surgery can also result in lasting emotional distress. For instance, a dog bite victim may require years of therapy to deal with the shame or discrimination that he or she faces after a disfiguring dog bite or animal attack.

Dog bite settlements can include money damages for emotional distress and other mental injuries, but proving and calculating mental injuries is often more difficult than it is for physical injuries. For this reason, a dog bite lawyer can be helpful in obtaining a dog bite lawsuit settlement that includes money damages not just for physical injuries, but for mental injuries as well.

 

Preventing Dog Bites

The American Humane Society offers the following suggestions for preventing dog bites and attacks:

• Spay or neuter your dog.
• Socialize your dog with people and other dogs.
• Train your dog.
• Avoid placing your dog in stressful situations.
• If you think that a dog might attack, resist the urge to scream and run away. Instead, remain motionless, with your hands at your sides, and avoid eye contact with the dog. Once the dog loses interest in you, slowly back away.
• If a dog attacks you, use your jacket, purse, or other object to put distance between you and the dog.
• If you fall or are knocked to the ground by a dog, curl into a ball with your hands over your ears and remain motionless. Do not scream or roll around.
• If a dog bites or attacks someone, it should immediately be confined until a veterinarian can be consulted about preventing future bites.

If you or a child are bitten by a dog, you should:

• Immediately wash any wounds or cuts thoroughly with soap and warm water.
• Seek medical attention. If the injuries are severe, you should immediately go to the emergency department at the nearest hospital or call 9-1-1. Even if the injuries are less severe, you should seek a doctor or medical professional for follow-up care and additional medical testing.
• Report the dog bite to the police or your local animal control agency. Provide information about the dog (including its breed and size), the dog’s owner, the location of the dog bite or animal attack, and the circumstances leading up to the dog bite.
• Contact a dog bite lawyer for information about pursuing a lawsuit for any dog bite injuries.

Contact a Dog Bite Attorney

It is extremely important to take swift action following a dog bite. Not only is prompt medical attention necessary, but it is also important to report the dog bite to prevent anyone else from being injured by the dog. Moreover, like all personal injury cases, there are time limitations on when an injured party can file a dog bite lawsuit against the dog’s owner. Accordingly, you should contact a dog bite lawyer as soon as possible so that you can protect your legal rights and preserve necessary evidence.