Why A Dog Owner May Not Be Liable For Their Animal's Attack

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If you have been treated for a dog bite, your first thought might be to trace the owner and sue them for the injuries. This makes sense because, in most cases, dog owners are liable for the injuries their animals cause. However, there are a few cases in which a dog owner may not be liable for their animal's attack; here are some of those cases:

You Provoked the Dog

The dog owner can escape liability if they can prove that you provoked the dog (caused it to attack you). There are certain things that you shouldn't do near a dog if you don't want the animal to attack you. These provocative acts depend on the dog's breed and may also change by circumstances. For example, taking a dog's toy is provocative and so is trying to take a dog's food away from it.

You Were Trespassing

Many people use guard dogs to secure their homes; these dogs can chase away intruders or even bite them. Using dogs to guard your property is perfectly legal as long as they stay within the bounds of the property they are guarding and don't attack people outside the property. Therefore, you can't jump over someone's fence without their permission and sue them for damages after getting attacked by their guard dogs. This is especially true if the dog owner has a sign warning trespassers about their vicious dog.

You Knowingly Took the Risk of Getting Attacked

Dogs, even the most docile ones, can bite. You should know this before agreeing to take care of someone else's dog or handling it in any way. In fact, the minute you agree to handle someone's dog it is assumed that you have agreed to the risk of getting bitten. Therefore, you can't turn around and accuse the dog owner of negligence and sue them for damages. For example, if you agree to walk a friend's dog and later sue them for injury damages if the dog ends up biting you; you assumed the risk of the attack the minute you agreed to walk the dog.

The Dog Was Under the Control of another Person

Lastly, a dog owner may not be liable for their animal's attack if it occurs when the animal is under the control and care of another person. A good example is when you leave your dog under the care of a competent person when going overseas for business. In that case, the caretaker becomes liable for any injuries the dog might cause when you are overseas.

Just because the dog owner isn't responsible for your damages doesn't mean that you are out of luck. Personal injury attorneys, like Caldwell Kennedy & Porter, can help you identify the person responsible so that they can pay your damages.

13 October 2017