NATIONWIDE DOG BITE ATTORNEY USA

The legal liability for compensation following a dog bite is determined by "common law" or by separate specific State and community statutes. There are many variations of the law from state to state and city to city even within the same state and it is essential that expert advice is sought from an experienced local specialist dog bite attorney to ensure that legal liability is established.

The term "common law" refers to the opinions and decisions of judges following consideration of cases heard by them and has developed over hundreds of years. Common law generally indicates strict liability against a dog owner where the owner has knowledge or ought to have knowledge that the animal has a vicious, dangerous or mischievous trait or propensity. For the owner be held liable under common law it must be shown that the animal is dangerous and that the owner had or should have had knowledge of the trait or propensity. If victim's dog bite attorney proves these two elements then the pet owner is strictly liable. The doctrine of negligence which can also be used to establish liability has also been developed in the common law. Negligence is the doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do and is the failure to use reasonable care. If negligence is established then the owner will usually be liable to pay compensation.

The defense of assumption of the risk is available in strict liability claims and applies to trespassers, subject to certain exceptions for infants, those involved in voluntarily providing canine services including veterinarians and those who willfully tease or provoke an animal into violence.

”Statutory” strict liability ensures that an owner is strictly responsible for bites and will always be held responsible. It is unnecessary for a dog bite attorney to accuse the owner of being negligent or breaking the law in order to claim compensation.
The states in which statutory strict liability applies are as follows ;
Alabama, Arizona, California, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois , Indiana, Iowa, Kentucky, Louisiana, Maine , Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Ohio, Oklahoma, Pennsylvania, Rhode Island , South Carolina, Utah, Washington, West Virginia, Wisconsin.

The remaining states have the “one free bite” rule and the pet owner is not liable for the first injury, unless caused by negligence and thereafter there is strict liability for harm caused by an animal that is known to be dangerous.
The "one-bite states" are;
Alaska, Arkansas, Colorado, Georgia, Idaho, Kansas, Maryland, Mississippi, Missouri, Nevada, New Mexico, New York, North Carolina, North Dakota, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Vermont, Virginia, Wyoming.

For free legal advice without obligation from a specialist personal injury attorney just complete the contact form and a member of The Association Of Trial Lawyers Of America will telephone to discuss your compensation claim.