When it comes to traumatic experiences, only a few things come closer to a dog bite attack. Dog bite doesn’t only result in pain, suffering, injuries, and scares but also leaves one worried about rabies and trauma. After getting attacked by a dog, no one wants to spend their time fighting with the insurance company. If you are a dog bite victim, you would want your lawsuit to get resolved quickly. However, your dog bite injury lawsuit can get complicated if the dog owner or the insurance company denies taking responsibility for the accident. The other party may use common defenses like the dog attacked because you provoked them, the owner did not know that the dog was dangerous, or you were trespassing. Thus, it’s essential to look for a qualified personal injury lawyer near me.
What if the dog owner blames you for the dog attack?
Domesticated dogs are more than animals for their owners. Dog owners may tend to overlook their dogs’ aggressive behavior and deny their dog can hurt someone. Most dog owners facing the trial for dog bite lawsuit argue that the victim provoked the dog. Another common argument given by the dog owner is that their dog was trying to protect them from danger.
Such arguments are common in dog bite cases that involve children. Since children may not know how to behave around animals, they might pull the dog’s tail to ignore the signs of discomfort and aggression.
However, the dog owner has to demonstrate how the victim enticed the dog to bite and attack them. If the dog doesn’t have any defensive wounds or there is not witness to support the argument, proving this theory can be challenging.
Moreover, the provocation defense doesn’t apply to dog bite cases that involve children. Since the Virginia court believes that a child can’t act with reasonable care, they are not liable for their injuries.
What if the dog owner claims you were trespassing?
Most people keep dogs to keep their family and property safe from trespassers. The dogs can alter the owners of possible intrusion through growls and barks. Many dog owners argue that their dog attacked because the victim was trespassing. In such a scenario, the victim is required to show to the court that they were legally permitted to be on the owner’s property. If you had to enter the property to drop off mails or package when the attack happened, you would need to show that the owner gave you the consent to enter their property. If you were present on the property to perform your job, you could file a premises liability lawsuit. Look for some of the best personal injury law firms to help you with your case.
What if the dog owner claims they were unaware that their dog poses a danger to others?
There is a “one bite rule” that protects the dog owners who are unaware that their dog can harm others in Virginia. The victim must prove that the dog owner was well aware that the dog poses a threat to others.