Facing a Dog Bite Lawsuit? Here’s What to Do

Dogs may be what we call “man’s best friend,” but you may still get bitten by one, or your usually well-behaved pet may have unexpectedly attacked someone.

When this happens, you may find yourself facing a lawsuit and questioning yourself on what to do if someone sues you for a dog bite.

As the owner, you are technically responsible for the actions of your pet, and you may face complaints and report your dog for being dangerous—or worse, have it euthanized or rehomed. The victim may also sue you to gain compensation for the harm your dog caused, including the medical expenses involved.

However, not all hope is lost, as you may still be able to wiggle your way out of this case if you were to consider some specific factors that led to the incident.

5 Reasons You May Not be Liable for a Dog Bite

Not knowing what to do if someone sues you for a dog bite can be quite overwhelming, but do know that you may not be held liable in certain situations, such as when the person making the claim:

1. Trespassed or broke the law

If the person was trespassing on your property or engaging in illegal activities, your liability might be reduced. For instance, if they climbed over your property or were planning to do a burglary and got bit by the dog, the court may find that you are not responsible for the bite since they were not lawfully on your property.

2. Provoked your dog

In such case where the individual bitten was deliberately teasing or hitting the dog, the court may decide that the victim is partly or entirely at fault. Provocation can include a range of actions—from aggressive gestures to physical harm, and this can significantly impact the result of the case.

3. Has no evidence of a bite

A lawsuit needs solid evidence to hold up in court, so if the person claiming a dog bite can’t prove it happened, their case might fall apart. This lack of evidence could mean no medical records, photos, or witness statements.

For example, if someone says they were bitten but has no bite marks, medical treatment records, or witnesses, their case could get dismissed.

4. Voluntarily risked themselves

When someone knowingly puts themselves in a risky situation, they may share responsibility for any injuries they get. Ignoring visible warning signs and approaching a known aggressive dog can mean they assumed the risk of being bitten—so their voluntary risk-taking can weaken their claim.

5. Contributed to their own injury

If the injured person acted carelessly and contributed to their own injury, the court might find them partially at fault. For example, if someone ran towards your dog recklessly, ignoring all safety precautions and warnings, their actions could be seen as a contributing factor.

This is called “comparative negligence,” where the court assesses the level of fault shared between the parties involved. Even if a dog bite did occur, the injured party’s negligence can reduce your liability.

What To Do If Someone Sues You For A Dog Bite

Facing a dog bite lawsuit can be intimidating, but knowing the right steps to take can make a significant difference. From what to do right away to build your defense, here’s how to handle the process and protect your rights as a dog owner:

Immediate Steps to Take

• Stay calm and assess the situation. Keeping a clear head will help you handle things more effectively. Panicking can make it harder to address the issue properly, so take a moment to breathe and think about what needs to be done next.
• Seek medical attention for the injured party if needed. Make the injured person’s health and safety your top priority and ensure they get the necessary medical care as quickly as possible. Call for emergency help if the bite is severe, and provide any first aid you can while waiting for professionals to arrive.
• Report the incident to local authorities, such as animal control or the police. Notify the right authorities about what happened. This is important for official documentation and to comply with legal requirements. Reporting the bite establishes a record of the event and ensures all parties are following the correct procedures.

Gather Evidence

• Collect witness statements. Talk to anyone who saw what happened and get their accounts, as their statements can be crucial for your defense. The different perspectives of the witnesses can help create a clearer picture of the incident and support your version of events.
• Take photos of the scene and injuries. This visual evidence can back up your case by providing factual details of what occurred. Be sure to include all relevant elements, like warning signs about the dog and the specific area where the bite happened.
• Keep records of your dog’s vaccinations and behavior history. Keep your dog’s medical history and any past incidents up to date. This information can be helpful in court to show that your dog is typically well-behaved and healthy.

Notify Your Insurance Company

• Inform your homeowners or renters insurance. They can guide you through the claims process and explain your coverage—this can also help you manage potential financial liabilities and know the extent of your protection.
• Understand your policy coverage for dog bites. Knowing the details of your insurance coverage will prepare you for any expenses that might come up from the lawsuit.

Consult a Lawyer

• A lawyer specializing in dog bite cases can provide valuable guidance. They can help you understand the legal process and make sure you’re doing everything right to protect yourself and your pet.
• Find an attorney with experience in dog bite defense. Look at reviews and get recommendations from people you trust. An experienced lawyer will know the details of these cases and can provide the best defense.
• Collect all relevant documents and evidence. Be ready to go over the incident in detail. Having your information organized will help your lawyer get a clear picture of the case and give you better advice.

Conclusion

Facing a dog bite lawsuit can be stressful and confusing, but knowing what to do if someone sues you for a dog bite can make a big difference. From staying calm and seeking medical attention for the injured party to gathering evidence and consulting a specialized lawyer, each action helps build a strong defense. Depending on the situation, you may not even be held liable at all!

At Stipp Law Firm, we know how challenging it can be to face a dog-bite lawsuit. Our experienced attorneys are here to assist you through every stage, helping you make informed decisions to protect yourself and your pet. We are dedicated to defending your rights and striving for the best possible outcome. If you need guidance on what to do next, don’t hesitate to contact us for a consultation.