Dog Bite Information Center
Defenses in Dog Bite Cases
There are three common defenses to dog bite injury claims: the plaintiff assumed the risk, the plaintiff's own negligence led to the injury or the plaintiff provoked the animal. The availability of these defenses may be limited by state statute or other laws in your area regarding dog bites. A personal injury lawyer experienced in dog bite litigation and claims, like those at Dreyer Law Offices, PLLC in Newburgh, New York, can determine which defenses are available in your jurisdiction and prepare your case accordingly.
Assumption of the Risk
Assumption of the risk means that the plaintiff voluntarily exposed him or herself to attack. For example, if the plaintiff ignored posted "Beware of Dog" warnings and was subsequently bitten, it may be concluded he or she assumed the risk by ignoring the warning. In order for the plaintiff to have assumed the risk, the plaintiff had to have actual knowledge of the risk of harm from the dog. Merely approaching a house and being bitten by a dog without more may not rise to the level of assuming the risk.
Comparative or Contributory Negligence
If the plaintiff's own negligent acts put him or her in harm's way, the dog owner's liability may be reduced or eliminated, depending on the facts of the case. To determine if the plaintiff acted negligently, the court will consider whether the plaintiff exercised the same degree of care a prudent person would have in the same circumstances.
Provocation
Lastly, a defendant may claim that the plaintiff provoked the animal into biting him or her. The act can be intentional, like throwing something at the dog or teasing it, or unintentional, like accidentally stepping on its tail or scaring the dog. In order for the defendant to successfully show provocation, the act must have occurred at the same time or near the same time as the injury. If the plaintiff provoked the animal a week before the injury, the defendant most likely will not be able to show provocation.
Conclusion
Other defenses than those listed here may be available to defend against a dog bite injury case. An attorney in your area can advise you on the laws applicable in your jurisdiction and the best way to prepare your case. Contact Dreyer Law Offices, PLLC in Newburgh, New York to speak with an experienced personal injury attorney today for more information.
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