subject: Proving Strict Liability for Animal Attack Personal Injury Lawsuit [print this page] Though domesticated as household pets and often regarded as a friend, dogs can cause harm or injury to another person, causing a liability on the part of the owner.
Dog bites can be fatal because of potential rabies that resides in its saliva. Once it enters the person's bloodstream, it travels to the brain and can damage brain functions. The effect can be felt within hours to two weeks depending on the strength of rabies virus.
Victims of rabies virus from dog bites should seek immediate medical attention and have the dog tamed and observed for weeks.
Even if the wound is small or shallow, a victim should still seek medical treatment.
If you or your loved one is injured in an animal attack, you can recover damages through a Personal Injury lawsuit.
Personal Injury lawsuit allows you to assert the owner's liability over your injuries and losses. You will have to prove that the owner failed to prevent or correct hazard, causing the accident; resulting to your injuries.
You can sue the owner, property landlord, or animal keepers (kennels/ animal sitter).
You can use strict liability theory for your Personal Injury lawsuit. Strict liability holds the owner responsible for your injuries if he/she failed to prevent or correct a potential or extreme hazard within the premises.
Situations wherein the owner can be held liable
The owner knows that the dog has hazardous breed that can attack other people for a certain or no reason.
The owner has knowledge of the dog's dangerous propensities, yet failed to act on it within reasonable time.
The dog caused extreme hazard and harm to the plaintiff
The owner failed to pose warning of the dog's hazard
How to establish strict liability:
Assert the owner has the duty of care over you
Present evidence that the owner failed to prevent or correct hazard arising from the dog's propensities. You can also show proof that the owner failed to pose warning and implement safety measures.
Establish the causes of events
Prove that the owner's action caused the accident, resulting to your injuries.
You will have to show photos from the accident scene, medical records, and witness statement to substantiate your animal attack case.
However, the owner can present legal defense that you ignored a warning and committed acts leading to your own injuries such as trespassing.
