Aside from the trauma associated with the dog attack, you need to deal with the medical expenses, lost wages, and other relevant losses.
Dogs are indeed considered a man’s best friend. You can walk them in the park, play, or hike with them whenever possible. However, dogs can become aggressive and bite other people despite being loving furry companions. This aggressive behavior can be due to some reasons, such as poor training, owner’s neglect, and similar situations.
Unfortunately, sustaining a dog bite can be frustrating regardless of the reason. Aside from spending money on your medical expenses, you may also have to take some time off work to recover from the injury sustained as a result of the dog bite. As one of the negative consequences, you may be eligible to file a claim for compensation for what happened. But to successfully do so, you may need to understand the connection between dog bites and premises liability as the basis of your claim. To get started, below are the three things to know about dog bites and premise liability:
- Dog Bite Accidents Can Be Under Premises Liability
Generally, premises liability is associated with drowning accidents in swimming pools, explosions and fires on construction sites, and slip and fall accidents in malls and office buildings. But what you may not know is that dog bite accidents can also fall under premise liability.
As defined, premises liability refers to a legal concept making property owners responsible for any injuries on their respective properties. In other words, property owners should ensure that the dogs on their premises don’t cause any harm. Otherwise, they may be held liable for the dog bite accident.
In most cases, dog bite claims on the ground of premises liability are used against landlords or property owners. It’s a well-settled rule in personal injury law that they should exercise reasonable care toward the people coming or visiting their lands, even if the standard for reasonable care varies depending on the person’s status. Say, for example, a mailman who is an invitee or a person visiting the land for the owner should be given a warning sign by a property owner about the presence of a dog.
With all these things in mind, a dog bite victim may file a claim on the ground of premises liability. In that case, it’s best to enlist the assistance of a dog bite attorney in UT or wherever you may be to get a favorable outcome. They can help ensure your claim is filed correctly so that you can recover a fair amount of compensation for your dog bite injury.
- Dog Bite Accidents Under Premises Liability Are Also Based On Negligence
Since dog bite accidents may fall under the premises of liability, then the principle of negligence also applies to them. It means that the property owner’s negligence is the direct or proximate cause of the dog bite accident, which results in an injury. With that, they may be held accountable for certain economic and non-economic damages, including medical bills, lost wages, and other psychological effects of the dog attack.
However, as a dog bite victim, you should prove the elements of negligence to increase their chances of winning your claim. For example, you should provide valuable pieces of evidence, such as medical records, photos of the dog bite and the place where the accident happened, CCTV footage, if there’s any, and other forms of evidence to substantiate the following circumstances:
- The bite occurred and involved a specific dog.
- The bite resulted in an injury which could be the basis for a dog bite injury claim under premises liability.
- There Are Exceptions That May Mitigate Property Owners’ Liability
Under the concept of premises liability, property owners can be held liable for a dog bite that occurs on their premises. But this rule on liability admits some exceptions. For example, suppose the dog bite victim is found to be committing a crime, like trespassing, on the owner’s property. In that case, the latter may not be liable for what happened to the victim.
On the other hand, if the property owner can also prove by a preponderance of the evidence (level of proof wherein the plaintiff in the case should demonstrate that the facts of the claim are more likely true than not) that the dog bite victim contributed to the cause of the attack, such as provoking or teasing the dog, the latter may be partially liable for the dog attack. Consequently, the property owner’s liability will be mitigated, which means lesser compensation for the dog bite victim.
Getting bitten by a dog can be a distressing experience. Aside from the trauma associated with the dog attack, you need to deal with the medical expenses, lost wages, and other relevant losses. Thus, filing a claim to seek compensation for your injury would make sense, especially if the dog bite accident is considered a premises liability issue. But to better understand how dog bites accident can fall under premises liability, keep the information mentioned above in mind, and you’ll be on the right track.