Collecting Damages Following a Dog Bite Injury

Personal injury claims resulting from being attacked by a dog can be problematic legal issues, depending on the state and location of occurrence. Dog bites that occur outside of the property range of the dog owner can still be litigated, but in most dog bite cases the ownership of the animal is connected to the ownership or authority to occupy the property. In some cases, the owner and property occupant can both be held liable if the property owner knows a particular dog had vicious tendencies. But, normally liability will rest with the actual owner of the dog.

 

Authorized Public Workers

 

Government workers and employees of various other public agencies are normally authorized to occupy any property in the discharge of duty and are not evaluated for personal assumption of risk regarding a dog bite as do those in a typical civil tort injury claim. Government workers are acting in the stead of the government per administrative orders performing necessary tasks. Dog bites to public workers follow strict liability rules for those who own the dog, and dog owners are normally are liable without the need for an attorney to prove negligence.

 

Private Individual Claims

 

Claims by private individuals will always include an evaluation of the circumstances surrounding the actual attack, including provocation by the victim. Comparative negligence laws require that an individual who is at fault for their own injury cannot receive damage recovery, so the proven factors in the case can matter greatly. The Indiana law specifically states that the dog must not be provoked to a natural protective act, which could result in a comparative fault percentage for the victim at or above the 51% bar for being eligible for damage recovery that is effect in Indiana.

 

One Free Bite Rule

 

While some states use a "one free bite" rule when determining liability for a dog bite injury claim, Indiana is not one of those states. However, the strict liability rule does not always apply per comparative negligence laws. This means that a jury usually must decide in contested dog bite cases if the victim is primarily at fault for their own injuries. It is always essential to have an experienced personal injury attorney handling your dog bite case because complications and specific testimony can matter greatly in a trial.