Defenses To Dog Bite Claims
If you have a dog bite claim, prepare for a spirited defense from the dog owner. Part of the preparation involves researching the defenses to expect. Below are common defenses in these cases.
Provocation
The provocation defense alleges that you did something to annoy the dog and cause them to attack you. Note that even actions that you might not think of as provocative can provoke the dog. For example, a dog might feel threatened if you walk past it while swinging your walking stick. Thus, the court will look at the totality of the circumstances before ruling on provocation.
Assumption of Risk
With the assumption of risk defense, the defendant wants the court to know that you knowingly placed yourself in danger. The defense claims you knew that the dog was dangerous, but you still agreed to be close to it. For example, the defendant might raise the assumption of risk defense if:
- You agreed to walk the dog
- You agreed to take care of the dog while the defendant was away
- The defendant asked you not to pet the dog, but you didn't listen
Note that exceptions apply to the assumption of risk defense. For example, the defense doesn't apply to minors. Therefore, if a dog bites a minor, the defendant cannot use the assumption of risk defense because minors cannot differentiate between safe and dangerous situations.
Criminal Activities
You might be out of luck if the dog bit you in the course of criminal activity. Even a relatively minor crime, such as trespassing, might bar you from collecting damages. This is especially true if you knew or had reason to know that there was a dog on the property. An example is if the defendant had a "No Trespassing" sign or "Be Aware of Dog" sign on their property.
Official Duty
Lastly, you don't have a valid injury claim if a police or military dog bites you in the course of their official duty. Consider an example where the police are using dogs to control the crowd during a riot. If one of the dogs attacks you, the government will be immune to your dog bite claims.
A dog bite can leave you in serious pain and cost you a lot of money. However, don't expect the dog owner to admit liability and compensate you without a fight. You do everything possible to get the damages you deserve. A dog bite lawyer can help you fight for your compensation. To see if you have a case, consult with a lawyer from a local law firm.