Every year, millions of Americans are bitten by animals. In fact, in 1994, over 4.7 million people were bitten by dogs alone. In many cases, a person bitten by an animal may have a legal right to recover damages from the animal's owner or another responsible party.

If You are Bitten by a Dog or Other Animal

The first thing you should do if you are bitten by an animal is to seek medical attention immediately. If you are not treated, an animal bite can cause serious injury and even death.

Once you have been medically evaluated, you should also consider consulting with a lawyer experienced in animal bite cases. An attorney - lawyer will be able to tell you whether you have a legal claim, and what damages you may be able to recover he also will ask you for detailed information about the circumstances surrounding your animal bite. At a minimum, you should provide the name and phone number of the animal's owner. If you don't have this information, a neighbor or a witness might be able to provide it to you. Also, if there were witnesses, you should get their names and contact information as well.

Owner Liability for Dog and Other Animal Bites

If an animal bites you, the first thing to determine is: who is the owner of the animal? In most states, the owner of an animal can be held liable for the injuries it inflicts, provided that the owner knew (or had reason to know) that the animal had "dangerous propensities." In other words, if an animal owner knows that his or her animal is dangerous and could cause injury to a person, the animal owner can be held liable for the animal's harmful actions.

Some states, such as California, impose what is known as "strict liability" upon animal owners whose animals bite or attack others, Under the theory of strict liability, an owner is legally responsible (liable) for an animal bite, regardless of whether the owner did anything wrong with respect to protecting others from attack. Under this theory, even if the owner had no reason to know that, his or her animal was dangerous, if the animal bit someone,, the owner would still be liable.

Potential Defenses in Dog and Other Animal Bite Cases

There may be an instances in which an owner of an animal might not be held liable for an attack by the animal For example, if the animal owner adequately warned other people that the animal was dangerous, and took measures to keep the animal away from people, a person who ignored the owner's warnings and was injured by the animal might not successfully sue the owner. In legal terms, the injured person's behavior is known as "contributory negligence" or "assumption of the risk." An injured person is contributorily negligent when he or she fails to exercise the degree of care for his or her safety that an ordinarily prudent person would exercise under similar circumstances. For example, if a person climbs over a fence to commit a crime, and is bitten by a dog on the other side, a jury could decide not to hold the dog owner liable if they believed that a normal person would not have climbed over the wall in the first place, and if they did award the trespasser damages it would certainly be reduced due to his own wrongful conduct.

An animal owner might also escape liability if the injured person "assumed the risk" of an attack by the animal. If the owner can show that the person bitten by his or her animal had actual knowledge of the risk of injury from the animal, but voluntarily exposed him or herself to that risk anyway, a court can bar the injured person from recovering damages. For example, if the animal bites a Vet or a groomer in the course of caring for the animal.

Other Potential Responsible Parties for Dog and Other Animal Bites

Animal owners are not the only people who can be held responsible for animal bites. Here are a few common scenarios where someone other than an animal owner could be held liable for an animal bite:

What Damages Can You Recover?

Depending on the seriousness of your injuries resulting from an animal attack, you may be entitled to recover for:

In some instances, you may also be entitled to punitive damages. Punitive damages are awarded to punish someone for his or her behavior. To justify an award of punitive damages, the wrongdoer's conduct usually must be more than negligent, such as reckless or intentional conduct.

For example, if a dog owner knew his dog was very dangerous, yet repeatedly allowed the dog to run free near a school, and the dog eventually attacked a child, a jury could conclude that punitive damages were appropriate. The amount of punitive damages is not necessarily related to the actual damages one sustains but, rather, to how outrageous the animal owner's actions were.

Conclusion

If an animal has bitten you, you may be entitled to recover damages as a result of this injury. Determining your legal rights, however, can be complicated, It may be unclear who you should bring a claim against, and to what sort of damages you are entitled. To ensure that you receive just compensation, you should consider contacting an experienced Attorney - Lawyer who has dealt with animal bite cases in the past.