Though most dogs are well-trained and obey orders, they can still bite someone if they are scared, surprised, or hurt. In some cases, trained attack dogs may protect property or humans and bite other people on command.
All this means that if a dog bites a person other than its owner, the owner is liable for any injuries the dog causes. If a dog gets loose from its leash or yard, the owner is responsible for anyone bitten or injured by the animal, opening them up for a personal injury lawsuit. If you or a family member are bitten by another person’s dog, a Logan, WV dog bite lawyer can explain your legal remedies and help you file legal action to recover damages in your case.
West Virginia has a “dog bite statute” (West Virginia Code § 19-20-13) that makes dog owners strictly liable for any injuries or other damage their dog does if it is allowed to run loose. Strict liability means that you will not need to prove that the owner knew the dog was vicious or aggressive. It is enough to prove that the dog was loose and you were bitten.
If the dog was on the owner’s property in Logan, local courts use the common-law “one-bite rule.” This rule gives a dog “one bite” to prove it is dangerous before the owner is liable. In a lawsuit, you must show the owner knew the dog had a tendency to bite and did not restrain or kennel the animal.
Comparative negligence laws may apply in a dog bite case. The strict liability rule for dogs running loose means that the owner is responsible no matter what happened. The dog should not have been allowed to run free, or the owner may have shared liability if a third party permitted the dog to get out. For instance, if a delivery person left a gate open, and a properly restrained dog escaped, the owner may be able to claim some of the liability is the delivery company’s.
If the dog was on the owner’s property when you were bitten, then your actions may affect your lawsuit in Logan, WV. Under comparative negligence, if you are found to be partially responsible for your injuries, your recovery is reduced by your percentage of fault. If you are more than 50% responsible, you cannot recover damages. For example, if the owner tells you the dog is very nervous and you shouldn’t touch it, but you try to pet the dog and are bitten, a court may find that you are partially responsible for your dog bite.
Young children are usually exempt from this rule, since they do not understand comparative negligence. However, this does not excuse parents or dog owners from trying to protect them from nervous animals.
Dog bites are painful, and potentially disfiguring and life-threatening. Owners need to be held accountable if their pets injure or maul people. If you’ve been bitten by a dog that was running loose, you need legal advice from a Logan dog bite lawyer. At Jan Dils, Attorneys at Law, we can give you the advice and support you need to file a legal claim against the dog’s owner and get the settlement you need to move forward.
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Jan Dils, Attorneys at Law
