Generally speaking, property owners are not expected to keep their property safe for trespassers. The only real exception is when a property owner is responsible for some willful or wanton conduct that results in injury to a trespasser. When it comes to the precise duty that is owed to a trespasser, each state has passed [ ] The post What Happens if My Dog Attacks a Trespasser? appeared first on Cottrell Law Office | Arkansas Personal Injury Attorney.
Thousands of individuals are injured from an animal bite every year. Domesticated dogs (our family pets) are the most common culprits. Usually, victims of dog bites have the right to file a lawsuit in order to recover the damages to which they are entitled. You can seek recovery, through the help of accident lawyers, from [ ] The post Will Insurance Cover my Dog Bite Injury? appeared first on Cottrell Law Office | Arkansas Personal Injury Attorney.
If you or a loved one is injured from a dog bite, you may be able to recover compensatory damages for your losses. Like car accidents and slip and fall cases, the purpose of a damage award is to compensate the injured party with money, with the intention of making him whole. But, how prevalent are dog bite accidents? Are they as common as car accidents, for instance? The statistics might surprise you. Dog bite statistics may be frightening According to the Centers for Disease Control, more than 4.7 million dog-bite incidents occur in the United States each year. Of those 4.7 million, approximately 800,000 victims seek medical attention. Half of those victims are children. Other reports indicate that every day, approximately 1,000 U.S. Citizens seek emergency medical treatment for dog bite accidents. A study published by the Agency for Healthcare Research and quality in 2010 indicated that the number of individuals hospitalized in the U.S., for dog bite injuries, has doubl
There are state laws that determine who is liable if you are bitten by a dog. That liability is typically based on who was responsible for supervising the dog and whether or not that individual knew of any propensity the dog may have had to bite or otherwise be aggressive. While it is most common that the owner of the dog will be held responsible for any resulting dog bite injuries, there may be situations where liability may point to someone else. Determining who should be held liable The facts of each case are always different. So, depending on the particular facts surrounding your dog bite injury, there may be more than one person who can be held liable. The first step, however, is determining the theory of liability that is followed in your state. Some states impose “strict liability,” which means the only proof you need is that the dog cause your injury. If “strict liability” is not followed in your state, then you may need to establish that the dog’s owner kn
Missouri Dog Bites Strict Liability vs. The “One Bite” Rule from Wesley Cottrell Essentially, liability is based on whether the dog owner knew or should have known the dog would bite. Learn more about Missouri dog bites in this presentation. The post Missouri Dog Bites: Strict Liability vs. The One Bite Rule appeared first on Cottrell Law Office | Arkansas Personal Injury Attorney.
In most cases, the dog bite rule followed in each state is recognized as one of two theories: strict liability or the “one bite” rule. These two concepts are very different. Topics covered in this whitepaper include: The “One Bite” Rule The Owner’s Knowledge of the Propensity To Bite Strict Liability Dog Bite Laws How Strict Liability for Dog Bites Works Dog Bite Laws in Missouri and Arkansas Missouri’s Comparative Negligence Doctrine Click here to read the whole article or download the PDF. The post Free Report: Missouri Dog Bites: Strict Liability vs. The One Bite Rule appeared first on Cottrell Law Office | Arkansas Personal Injury Attorney.
Liability for a dog bite injury is generally based on whether or not the dog owner knew, or should have known, that the dog would bite. Each state follows its own set of rules in this regard. The two main theories of liability recognized in dog bite cases are strict liability or the one bite rule. The New York dog bite law is a little different, in that it sort of combines these two doctrines. New York is mixed liability state New York s dog bite law is a unique combination of the one-bite rule with a somewhat limited version of strict liability. New York s dog bite statute makes the owner or keeper of a previously adjudicated dangerous dog, strictly liable only for medical and veterinary costs. However, to recover for any other types of damages, New York requires the victim to prove that the dog had the vicious tendency to bite people, and that the dog owner was aware of that propensity. in other words, New York is a one bite state for damages other than medical costs. Ne
Despite what most pet owners believe, even your dog could bite someone, under the right circumstances. Although you may have been taking your dog to the veterinary clinic since he was a puppy, there is no guarantee that he won’t bite if he becomes frightened. So, many clients ask, what will happen if my dog bites my vet? Luckily, the laws presumes that veterinarians know this to be true. For that reason, most courts assume that veterinarians knowingly take the risk of injury as part of their job. What are the expectations of veterinarians and their staff? Because vets are assumed to know and accept the risk of injury and should know from experience how to guard against it, veterinarians are typically not allowed to sue a pet owner if they are injured while treating a dog. The same rule generally applies to veterinary assistants, who also knowingly take the risk of handling animals in the course of their jobs. There may be an exception, though, if a vet unnecessarily expo