Few people realize that any dog can bite a child, even when the dog has never before exhibited a propensity to bite or behave in an otherwise aggressive manner. Though German Shepherds and Chow Chows are considered the dogs most likely to bite, and Pit Bulls and Rottweilers the most likely to inflict fatal injuries, the smallest, most innocuous-looking puppy may bite and cause a child serious harm. Adults and children are bitten by dogs at an alarming rate, but children are more likely to be bitten because they are far less likely to know how to behave properly around dogs and other pets.
When a neighborhood dog or dog owned by someone other than a child’s family bites and injures a child, the child and the child’s family may be entitled to compensation for the child’s injuries. Dog bite child injury lawyer Jeffrey Killino has experience with cases involving dog bite injuries or deaths suffered by children. If your child has been killed or injured by a dog owned by someone other than you and your immediate family, contact attorney Killino for a free assessment of your case and information regarding your legal options.
Legal Liability for Dog Bite Injuries
Legal liability for dog bite injuries and deaths is governed by state law, which varies from one state to another. Some states hold all dog owners liable for bite injuries or deaths, regardless of whether the owner was negligent in providing the opportunity for the dog to bite. Other states require a plaintiff to establish negligence on the part of a dog owner in order for the plaintiff to recover damages for bite injuries caused by the owner’s dog.
Negligence Standard for Dog Bite Liability
In some states, a dog owner may not be found liable for someone’s dog bite injury or death unless the owner was negligent in allowing the dog to bite. An owner’s negligence can be established by showing that the owner had prior knowledge that the dog had a tendency to or was likely to bite. An earlier bite by the dog, of which the owner was aware, could establish the requisite knowledge on the part of the owner. Even if the dog had not bitten another person to the owner’s knowledge, the owner may still be held liable for dog bite injuries or deaths in states following a negligence standard if the owner was aware of the dog’s prior exhibition of aggressive behavior and took no steps to protect someone from the possibility that the dog would bite.
Strict Liability Standard for Dog Bite Liability
Other states hold dog owners liable for dog bite injuries or deaths even when the dog owner was not negligent and had no reason to suspect that the dog might bite. This is a strict liability rather than negligent standard and may become part of a state’s law through the enactment of a dog injury or dog bite statute. Such statutes may hold dog owners liable not only for injuries or deaths caused by dog bites but also for injuries or deaths caused by dogs in other ways. In the case of non-bite injuries, the owner will generally be held liable only if the injury resulted from some behavior of the dog that was direccted toward the injured person.
In some states that follow the strict liability standard for dog bite or other dog injuries, the owner may be relieved of liability if the injured person is found to have provoked the dog into biting or otherwise attacking the injured person. In order for a plaintiff to recover damages for dog bite or other dog injuries in one of these states, the plaintiff may need to establish not only that he or she did not provoke the dog into biting or otherwise attacking, but also that the plaintiff was not trespassing at the time the bite or attack occurred. Some states relieve the owner of liability for injuries caused to a trespasser only if the person was aware that he or she was trespassing at the time of the bite or attack.
Contact Us
Dog bites can cause serious injury or death to a child. If your child has been killed or injured in a dog bite incident or as a result of another form of dog aggression, child injury lawyer and dog bite injury attorney Jeffrey Killino can help you fight for the justice you and your child deserve. Contact The Killino Firm at 877-875-2927 for expert and experienced assistance with your case.
