Defenses in Dog Bite Claims

Dog bites can cause many health risks, so it’s wise to seek damages in case any health issues resulting from the bite arise. The statute of limitations on dog bites can vary by state, so it’s important to seek legal counsel if you’re dealing with a dog bite lawsuit.

Additionally, you should seek legal counsel to determine if you have a valid claim. The statute of limitations on dog bites is two years in Alaska, which is enough time to prepare for your case.

Defenses in Dog Bite Lawsuits

While dog owners are typically liable for any harm caused by their pets, sometimes this presumption is ignored. Here are the defenses available to dog owners:

Proper Signage

Dog owners can defend claims against them by demonstrating that they have displayed warning signs. These signs can alert visitors to the presence of a dog and help prevent unexpected interactions.

Provocation

Providing evidence of provocation can be a strong defense. If the injured person agitated the dog, the dog owner has no case to answer.

Trespassing or Unlawful Entry

Proving that the plaintiff was trespassing or unlawfully on the owner’s property can be a valid defense. Property owners have a right to defend their homes, and this includes protecting their dogs against perceived threats.

Lack of Knowledge

If the owner had no prior knowledge of the dog’s aggressive tendencies, they can use this defense. Establishing that the dog had no history of violence or dangerous behavior can weaken the plaintiff’s case.

Assumption of Risk

This defense argues that the plaintiff willingly accepted the risk associated with interacting with the dog. If the plaintiff was aware of the potential danger and still chose to engage with the dog, it could mitigate the owner’s liability.

Actions to Take Following a Dog Bite

If you’ve been bitten by a dog, here are the actions to take:

Seek Immediate Medical Attention: The first and foremost action after a dog bite is to get medical help promptly. Even seemingly minor bites can lead to infections, and having a medical record strengthens your case.

Document the Incident

Take pictures of the injuries, the scene, and any contributing factors like lack of proper signage. Collect contact information from witnesses who can provide statements, their accounts can help support your case.

Report to Animal Control

Ensure the incident is reported to local animal control authorities. This not only helps protect others from potential harm but also creates an official record that can be valuable when pursuing your claim.

Consult with a Personal Injury Attorney

Seeking legal advice is a prudent step. A personal injury lawyer can help you in many ways, including:

• Guiding you through the legal process
• Negotiating with insurance companies, and
• Ensuring you receive fair compensation.

Following a dog bite, you should seek legal counsel before filing a claim for the injuries sustained. By consulting a lawyer, you enhance the chance of receiving adequate compensation for medical expenses, emotional distress, and other damages.