What to Do Legally After a Dog Bite Incident

Dog bite incidents are more common than many realize, and they can lead to severe injuries, emotional distress, and expensive medical bills. If a dog has bitten you or someone you know, it’s essential to take the right legal steps to protect your health and your rights.

Immediate Steps After a Dog Bite

The first thing to do after a dog bite is to prioritize your health. Even if the wound seems minor, it’s crucial to seek medical attention as quickly as possible.

Seek Medical Attention

Dog bites need urgent attention, as they can lead to infections due to the bacteria present in a dog’s mouth. Rabies is also a concern, although rare, and a healthcare provider can assess the risk of this and other infections. A medical professional will clean the wound, recommend antibiotics if necessary, and document your injuries.

Identify the Dog and Its Owner

Once your immediate medical needs are addressed, you need to identify the dog that bit you and its owner. If the owner is present, ask for their contact information and inquire about the dog’s vaccination history, especially for rabies. This information is critical not just for your health but also for any legal claim that might follow. If the owner is not present, try to get details from witnesses or other bystanders who may recognize the dog. Take photos of the dog if possible, as this can help identify it later.

Reporting the Dog Bite

It’s vital to report the bite to local authorities, such as animal control. This step not only helps to ensure that the dog will be properly evaluated for rabies and other health risks, but it also creates an official record of the incident. This report may be essential if you decide to pursue a legal claim later. Reporting the bite can also provide a clearer understanding of whether the dog has a history of aggression, which can strengthen your legal case.

Inform the Police

In some cases, it’s also wise to inform the police about the incident. This is especially important if the dog has attacked someone before, if it is a dangerous breed, or if you believe the owner was negligent in controlling their dog. A police report can be another layer of official documentation that may aid your legal claim, especially if you decide to pursue compensation for your injuries.

Understanding Legal Liability

When it comes to dog bites, the laws that determine liability vary depending on where you live and the circumstances of the accident. Understanding how dog bites are treated in the eyes of the law can help you prepare for the next steps and any potential challenges to your claim.

Strict Liability vs. Negligence

In many states, the principle of “strict liability” applies. This means that the dog owner is automatically responsible for any injuries their dog causes, regardless of whether they were aware of the dog’s aggressive tendencies. On the other hand, some states require you to prove that the owner was negligent, meaning they failed to take reasonable steps to control their dog or prevent the bite. Knowing which standard applies in your state is crucial in shaping your legal approach.

Defenses a Dog Owner Might Use

Dog owners, however, may attempt to defend themselves against liability. One common defense is provocation. If the dog owner can show that you provoked the dog—by teasing, hitting, or threatening it—they may argue that you are partially or fully responsible for the incident. Another defense is trespassing. If you were on private property without permission when the bite occurred, the owner might claim they are not liable.

Gathering Evidence

It’s crucial to gather evidence as soon as possible after the bite. This includes taking photos of the injury, the location where the bite occurred, and the dog if you can safely do so. If there are any witnesses, ask them for statements and contact information, as their testimony can be invaluable if the case goes to court. Keep any clothing or personal items that were damaged during the attack, as they can serve as physical evidence of the bite.

Medical Records and Bills

As mentioned earlier, medical documentation is critical to your legal case. Save all records related to your treatment, including doctor’s notes, X-rays, prescriptions, and any follow-up care you require. Additionally, keep track of all expenses, from hospital bills to the cost of medication or even therapy sessions, if you’re dealing with emotional trauma following the attack. These documents will help quantify the financial impact of the bite, which is essential when seeking compensation.

Considering a Lawsuit

If negotiations with the dog owner or their insurance company don’t result in a fair settlement, you may decide to file a personal injury lawsuit. To do this, you’ll need to prove that the dog owner was legally responsible for the bite and that you suffered damages as a result.

Working With an Attorney

While it’s possible to handle a dog bite claim on your own, working with an attorney can significantly increase your chances of receiving fair compensation. An experienced personal injury lawyer can guide you through the process, from negotiating with insurance companies to representing you in court if necessary. They can also help you understand the full scope of damages you may be entitled to, including compensation for emotional distress, loss of enjoyment of life, or permanent scarring.

Seek Legal Guidance

Being bitten by a dog can be a frightening and painful experience, but knowing the right legal steps to take afterward can make all the difference. Call Passalacqua & Associates, LLC today at 315-277-3548 to set up a consultation with our team.