Dog Bite Injury Lawyer in Cayce, SC
Cayce dog bite lawyer
Survivors of Dog Attacks and Related Procedures
If you were the victim of a Cayce dog bite trauma, you can likely pursue a personal injury claim with the animal’s owner or insurance coverage (generally home insurance or renters insurance). Naturally, there are some differences in the regulations from one state and another or one county or city and the other. It usually all boils down to whether the injured person can prove one of these points:
- The dog in question had bit another person previously and was considered to be aggressive. When the dog is known to be violent, then this might be applicable, even when no actual attack has transpired.
- There is a violation of a law associated with animal control, like leash legislation. This might be applicable even if no citation was given.
- The dog attack occurred through some other carelessness or deceptiveness. A good example of this might be a violated assurance that the animal would be kept contained or wasn’t a danger.
- A state or city law makes the dog owner liable without condition or with fewer conditions than already stated.
Sometimes, somebody apart from the pet owner is liable. This is relevant in scenarios where a friend of the owner is looking after the dog or where somebody that is the owner of premises allows a vicious dog to be on that premises. Often the dog owner’s employer is held accountable since the technically liable individual was working when the incident occurred.
Real straightforward explanations
A “dog bite statute” typically will make a dog owner solely liable for dog bites if the victim didn’t antagonize the dog and was not a trespasser. Non-bite damages might be covered by some statutes in addition to non-owner liability.
- “Negligence” means doing something that a reasonable individual would not have, or failing to do something that a sensible person might have. Failing to control an unsafe animal is a prime example.
- Somebody that is identified as ‘negligent pro se’ has violated a law, ultimately leading to the injury. If there’s a leash law and this is violated, then this is a good example.
- If a person is ‘scienter,’ that person is keeping a recognized threatening animal as a pet, despite being conscious of the risk. Another name for this is ‘one bite rule,’ although this can be deceiving since ‘one bite’ isn’t necessary for the principle to apply to unsafe dogs.
- If someone is guilty of an ‘intentional tort,’ that person brought about the injury deliberately. An example of this would be somebody who induces viciousness from the animal against the victim.
What is the “one bite” rule?
In every state, a dog owner or harborer can be held responsible if he was aware, before the incident, that his pet had the propensity to attack people without reason. It falls to the injured person to show that the pet owner was aware of the potential danger the dog presented in line with the dog’s previous behavior in which the one bite rule is involved. If the dog is known to knock folks over or trip them, then these injuries could be covered by this principle as well. If the injury is a result of the bad conduct of another household pet, like a cat, then the law addresses that as well. Third parties may also be legally accountable for dog bites.
The labels “one bite rule” and “first bite free rule” are inaccurate because a “bite” is not always required. Yet the victim will have to prove that the animal has acted dangerously during the past and that the pet’s owner was cognizant of it.
How Is Fault Proven in a Cayce Dog Bite Claim?
Anyone who causes a dog attack to occur because of their mistake is legally responsible for the relevant injuries. If a person doesn’t act with due care or acts in a way that is risky, then that person is generally negligent. One common example of negligence is permitting a dog to go loose in a child care facility. Walking numerous dogs, so that you are not able to manage them all is yet another scenario. Even having a dog restrained by a chain, but within reach of people is yet another example. A landlord can be held responsible for negligence for allowing an aggressive dog to reside on the landlord’s premises or even a tenant’s property.
Yet another kind of negligence is breaking an animal control law. The most prevalent cases include circumstances in which dogs are allowed to trespass on other people’s property or people who disobey leash laws. Breaking one of those laws is not only a minor crime but also a kind of negligence. Breaking a law, leading to a physical injury, is ‘negligence per se.’ If somebody has violated a law such as this, then they’re liable for the associated harm and personal injuries.
You will need to be aware of all animal control laws at the state level, the city level, and the county level. In some cases, there may be no history of vicious conduct and the dog owner might not have acted in an irresponsible way, but a violation of an animal control law could be enough to carry the claim. This can get complicated, so you may have to enlist assistance from a Cayce dog bite lawyer in your area. Additionally, you must be mindful of any variations in the way laws are applied from one jurisdiction and another. For example, some consider a breach of an animal control law as evidence of negligence rather than negligence per se. Again, legal counsel should be consulted.
Does Statutory Liability Apply to Your Cayce Dog Bite Claim
In two-thirds of the states, a dog owner (and sometimes a harborer or keeper) can be held liable for dog attacks pursuant to a statute. In general, statutory liability is a very simple way that an injured person will get damages. In many cases, the dog attack case is between a person and their family members or good friends, helping to make this a favored solution since it is the least trying on these kinds of human relationships. This kind of liability does not make the injured person an “accuser,” or demand proof that somebody did anything “inappropriate.”
The states working with a dog attack statute are called “statutory strict liability states.” Generally, the injured person has to be bitten by the pet of the defendant to receive compensation for damages. The victim doesn’t need to prove that the dog already bit anybody or acted as though it wanted to attack anyone. Naturally, there are some limits and circumstances which involve more requirements than this. If the circumstance involves the one bite rule along with fundamentals of negligence, then it’s a mixed statute.
The insurance provider can pay the injured person.
The majority of dog bite cases will not call for a claim for compensation since only one in six dog bite victims need medical treatment. If the damage is serious and the pet owner is at fault, however, either the pet owner or his insurance provider has to fully compensate the injured person. This might be by means of a homeowner’s insurance policy or perhaps tenants insurance policy.
What can the victim get compensated for after a Cayce dog bite?
Typically, the victim of a dog bite is allowed to collect compensation for the full range of his damages. The actual components of damages or injuries normally include pain, mental stress, irreversible scarring damage, short-term or permanent disability, loss of potential wage capacity, loss of quality-of-life, healthcare expenses to treat the personal injury, aesthetic solutions to improve the look of the injury, mental counseling, destroyed clothing, and loss of income. You could get compensation for all of this and more, according to your claim.
But, there are some states where you can only get your medical expenses taken care of. There are also some states with restrictions on what you can receive. On the other side of the spectrum, there are states that allow for your damage to be multiplied if the dog has a reputation for hurting people. The principles governing damages can be quite complicated, and thus it is essential to talk to a Cayce dog bite lawyer in any sort of serious circumstance.
Could you receive punitive damages following a Cayce dog bite?
Any time an at-fault person in a dog attack case was egregiously or maliciously irresponsible, punitive damages can be given to the victim so as to punish the at-fault person. In some states, a multiple of the compensatory damages is awarded to the victim if the dog formerly attacked someone. Yet, in the majority of circumstances, punitive damages are not granted and the fault is established in accordance with just owning the pet that bit somebody.
Suppose the injured person was trespassing or antagonizing the dog?
The one bite rule still is applicable to those who are attacked by a dog just after antagonizing the pet or trespassing. However, the statutory cause of action isn’t available in these kinds of cases.
Some individuals cannot recover damages for Cayce dog bite injuries
Some people that are victims of dog bite injuries cannot actually get compensation for those injuries. If a person works with canines in their occupation, like a dog walker, a groomer, or a veterinarian, for example, they can’t collect compensation for dog bites most of the time. In the end, this would depend on the laws where they live and work.
Is the pet owner the sole person that can be responsible for a Cayce dog bite?
Certain individuals and organizations which may be liable for dog bite cases, other than the dog owner, would be the law enforcement dept or the animal control department, with respect to the circumstances.
- Besides the owner, a dog liability statute may cover keepers and harborers of a dog which bites.
- Daycare centers and educational facilities occasionally foolishly allow pets to interact with the children, leading to wounds to the children.
- If a pet is brought into a retail store with a consumer, and the store proprietor allows this, the store owner could be held accountable for the attacks or damages.
- Animal control departments occasionally negligently permit a known unsafe animal to roam the area, inevitably resulting in significant injury to a person.
- Law enforcement occasionally neglectfully allows their working canines to maul suspects or to even hurt people besides alleged criminals.
- Occasionally business employers will permit staff to bring pets at the workplace, and the employer can be responsible for the ensuing damages. The legal responsibility is simply based on being the employer, rather than carelessness.
What can a dog bite victim do to ensure receiving damages?
- Make a report to the animal control authority. Do not suppose that the report from the hospital will bring about the appropriate inquiry since it won’t.
- You will need to take notes and record the dog owner’s name, and/or the names of the handler and eyewitnesses.
- Take pictures of the injuries before they are treated and afterward.
- You need to get medical attention for your wounds right away. This is not just to record the reason and characteristics of the damages, but to avoid infections that might result in horrifying outcomes.
Call an Experienced Cayce Dog Bite Lawyer
The magnitude and seriousness of your damages determine what you must do next. You should seek the advice and representation of a Cayce dog bite lawyer for any serious personal injuries that require hospitalization or long-term treatment. If your wounds aren’t that severe, you might not need to do anything, or you might wish to head to small claims court.