When A Dog Attacks
It is important to research local regulations for the state where the animal and tenant reside. For many states, it does not matter if the owner knows that the dog may bite. He or she is still responsible for the incident. When strict liability is involved, there are many instances where the victim is afforded various remedies to the event. This means the person bitten has recourse with the law or housing authorities due to civil liability.
Some states have a one bite rule that permits the victim to seek compensation or a remedy such as the dog being taken away from the owner. However, most of these matters involve the civil courts and a personal injury claim being issued through litigation. The primary matter is that the owner of the dog is responsible for the animal and any damage the creature causes. If the dog is chained up in a public area, it is easier to win the case due to certain guidelines and factors that may affect the claim. This is possible even if the person did not know the animal would harm others. It is crucial to seek legal assistance for the situation.
The Dog Bite
When someone has been bitten from a dog in a private area, there are elements that must be proven about how there was a reasonable assumption that the animal could harm the guest. However, when the dog is in a public area, the owner is usually held responsible for him or her and any damage the creature causes. In these situations, the victim does not generally need to even prove that the owner was doing anything wrong. However, the person harmed does have to prove that he or she was attacked by a dog, the person being sued for the incident is the owner, there was no provocation for the bite and the victim was acting in a peaceful manner that he or she had every right to be physically.
Most cases have the necessity to prove that the dog was already predetermined to harm someone such as the animal being wild or used in dog fights or similar issues. However, when no foreknowledge is necessary, it may be easier to prove a case and succeed in a remedy or compensation for the physical harm caused. One remedy that may be sought is the removal of the dog when the victim feels that he or she could be in danger with the creature’s presence. However, it must be shown that the dog was not provoked into attacking. This means the victim was not antagonizing the animal in any way.
Homeowners Association or Condo Board
The mere threat of litigation could cause a homeowners association or a condo board to seek a remedy before a court room is used. This does mean contacting those in charge of the association or board. If a dog that bites is in a public space, the members of the board may need to communicate with the owner and seek an internal remedy before moving forward with any other action. However, if the matter is handled by the dog being moved into the condo or home, then moving forward with a lawsuit may not be necessary. However, it is usually most beneficial to hire a lawyer to contact these board members in an official capacity.
Unfortunately, because dog bites and animal attacks are usually a civil matter, law enforcement may only assist in these cases when the creature is wild or no owner exists. This means that even if they are called, the police may explain the situation. However, the victim may not be told that he or she may have civil recourse open to him or her. Then, it may be necessary to contact a lawyer to determine what to do next. He or she may detail a plan of action starting with contacting the condo board or homeowners’ association members. This could prevent litigation from transpiring.
Legal Help with Dog Bites
If the goal is to remove the dog, a lawyer may assist with communications and information provided to a condo or homeowner’s board. However, if the objective is litigation, the victim needs as much evidence as possible.