Animal Attacks: Understanding Your Legal Rights

Animal attacks, especially dog bites, can be traumatic and result in serious injuries. It’s important to know your legal rights if you or a loved one has been attacked by an animal. This blog will break down the basics of what to do after an animal attack and the legal rights you have, as well as provide simple examples to help you understand the process.

What to Do After an Animal Attack

Seek Medical Attention:

Immediately get medical help for any injuries. Even if the wounds seem minor, it’s important to have them treated to prevent infection and document the injuries.

Report the Attack:

Report the incident to local animal control or the police. They will create a record of the attack, which is important for any legal action you might take.

Gather Information:

Collect information about the animal and its owner. This includes the owner’s name, address, and contact details. If there are witnesses, get their contact information as well.

Document the Incident:

Take photos of your injuries, the location of the attack, and the animal if possible. Keep records of medical treatments and any expenses related to the attack.

Understanding Your Legal Rights

1. Owner’s Liability:

In many places, pet owners are legally responsible for their animals. If their pet attacks someone, the owner can be held liable for the injuries and damages caused.

Example: Jane is jogging in her neighborhood when a dog runs out of a yard and bites her leg. She gets medical treatment and reports the attack. Jane can hold the dog’s owner responsible for her medical bills and any other expenses related to the bite.

2. Strict Liability Laws:

Some states have strict liability laws for dog bites. This means the owner is automatically responsible if their dog bites someone, regardless of whether the dog has shown aggressive behavior before.

Example: In Ohio, if a dog bites someone, the owner is liable for the injuries even if the dog has never bitten anyone before or shown signs of aggression.

3. Negligence:

If the animal owner was negligent, you might have a case against them. Negligence means the owner failed to take reasonable steps to prevent the attack.

Example: Mark’s neighbor often lets his aggressive dog roam the neighborhood without a leash. One day, the dog attacks Mark’s son while he’s playing in the yard. Mark can claim that the neighbor was negligent by not restraining the dog.

4. Trespassing:

If you were trespassing on the owner’s property when the attack occurred, it might affect your ability to claim compensation. However, there are exceptions, especially if the victim is a child.

Example: Tim’s dog bites a child who wandered into his yard. Although the child was technically trespassing, the law might still hold Tim responsible because children may not understand property boundaries.

Compensation You May Be Entitled To

If you’ve been attacked by an animal, you may be entitled to various types of compensation:

Medical Expenses:

Coverage for all medical costs related to the attack, including hospital bills, doctor visits, medication, and therapy.

Lost Wages:

Compensation for any income you’ve lost due to your inability to work following the attack.

Pain and Suffering:

Compensation for physical pain, emotional distress, and mental anguish resulting from the attack.

Property Damage:

Reimbursement for any property that was damaged during the attack, such as clothing or personal items.

Taking Legal Action

If you decide to pursue legal action, here are some steps to consider:

Consult a Personal Injury Lawyer:

A lawyer experienced in animal attack cases, like Zaber Law, can help you understand your rights and guide you through the legal process.

File a Claim:

Your lawyer can help you file a claim against the animal’s owner for compensation. This may involve negotiating a settlement or going to court.

Prepare Your Case:

Gather all evidence, including medical records, witness statements, and any documentation of the attack and injuries.

Understanding your legal rights after an animal attack is crucial for getting the compensation you deserve. Prompt medical attention, thorough documentation, and knowledge of the legal principles involved can help you navigate this challenging situation.

If you’re unsure about your next steps, consulting with Zaber Law can provide valuable assistance and ensure your rights are protected.