How to Prove Negligence in a Dog Bite Case
Dog bites are serious incidents that can result in severe physical and emotional trauma. Therefore, it's important to file a claim to pursue compensation for any injuries you sustained. However, you will often need to prove negligence on the part of the dog owner in order to seek compensation.
At Ronald S. Weiss, Attorney & Counselor, we understand that dog bites can lead to devastating injuries, and we are committed to providing experienced legal guidance. If you have suffered injuries in a dog bite case, our attorneys will help you understand the steps to take to demonstrate negligence and stand up for your legal rights.
Understanding Negligence in Dog Bite Cases
Negligence occurs when an individual’s carelessness or disregard for safety causes harm to another person. In a dog bite case, you must be able to prove that the dog owner failed to take reasonable measures to prevent their animal from causing injury. To hold a dog owner accountable, you will need to provide solid evidence to support your claim.
Both Michigan and Ohio operate under a "strict liability" rule, which means the dog's owner can be held responsible for any injuries their dog causes, regardless of whether they were aware of the dog's aggressive tendencies. Therefore, it's essential to consult with an attorney who can help you determine the best course of action for proving negligence.
How Can You Prove Negligence After a Dog Bite?
To prove negligence after a dog bite case, you will need to establish four primary elements, which must be supported by compelling evidence. These criteria often serve as a basis for establishing negligence after a dog bite and can strengthen your claim for compensation.
1. The Dog Owner Owed You a Duty of Care
You must be able to demonstrate that the owner of the dog owed you a duty of care. In Michigan and Ohio, dog owners are required to make sure their pets do not pose a threat to others. This duty of care means taking reasonable precautions to prevent their dog from causing harm, such as keeping the animal restrained or under control.
For example, a dog owner may have a duty of care if state law requires them to maintain proper fencing on their property or to walk their dog on a leash in a public area.
2. The Dog Owner Breached That Duty of Care
Once you have established that the dog's owner owed you a duty of care, you will need to demonstrate that they violated this responsibility. A breach of duty occurs when the owner acts or fails to act in a manner that could be considered unreasonable or negligent.
A dog owner may fail in their duty of care by allowing a known aggressive dog to interact with strangers, failing to secure a dog that has previously escaped confinement, or ignoring leash laws. Evidence such as eyewitness testimony, photographs of the scene, or prior complaints about the dog’s behavior can help establish a breach of duty.
3. The Breach Caused Your Injuries
It’s not enough to show that the dog owner acted negligently. You must also prove that their negligence directly caused your injuries. This requires you to establish a clear connection between the owner’s actions (or lack of action) and the injuries you sustained.
For instance, if a dog owner fails to repair a broken gate and their dog escapes, bites you, and you are injured, you could argue that the owner’s negligence in maintaining the gate led to the incident. Veterinarian records, medical reports, and expert testimony may all serve as crucial evidence when proving causation.
4. You Suffered Damages as a Result
You must demonstrate that you suffered measurable losses or damages because of the dog bite. This includes physical injuries, emotional distress, and financial burdens such as medical expenses or lost wages. Whether your injuries are minor or severe, it's important to work with an attorney to quantify your damages and pursue fair compensation.
Types of Evidence Used for Proving Negligence
If you have been bitten by a dog, certain types of evidence can strengthen your claim for compensation. While specific evidence may vary depending on the circumstances of your case, the primary types of evidence you should gather include the following.
Medical records: Medical records document the extent of your injuries and the treatment you received and may include photos of your injuries, x-rays, and doctor's notes detailing your treatment plan. It's essential to seek medical attention as soon as possible after the incident to make sure your injuries are properly documented and you receive the necessary care.
Incident report: Call local law enforcement or animal control and file a formal report. This creates an official record of the incident, which can often contain facts that support your claim.
Eyewitness testimony: If there were any witnesses present at the time of the incident, their accounts can help establish what happened and who was responsible. Be sure to gather contact information for any witnesses so that they can be called upon if needed.
Photos or videos of the dog: In addition to documenting your injuries, obtain photos or videos of the dog that attacked you. This can help identify the breed and show any visible signs of aggression or neglect. If possible, try to get multiple angles and close-up shots of the dog's face.
Previous incidents or complaints: If the dog has a history of aggressive behavior or previous incidents, this information can greatly strengthen your case. You may be able to gather this information by researching local animal control records or speaking with neighbors who have witnessed previous incidents.
Statute of Limitations for Dog Bite Cases
If you have been bitten by a dog, it's important to act quickly. In most cases, there is a limited amount of time in which you can file a lawsuit against the owner for any injuries or damages sustained. In Michigan, you generally have three years from the date of the incident to file a claim. In Ohio, you generally have two years from the date of the injury.
How an Attorney Can Help
Dog bite cases can be complicated, especially when trying to establish negligence. However, working with an experienced dog bite attorney can significantly impact the strength of your case. At Ronald S. Weiss, Attorney & Counselor, we take a personalized approach to every case to make sure we understand your circumstances and advocate for your best interests.
We have the skills and resources necessary to investigate your claim thoroughly, gather evidence, and negotiate for the maximum compensation you deserve. If a settlement cannot be reached, we are fully prepared to take your case to court.
Reach Out to an Experienced Attorney Today
If you or a loved one has been injured in a dog bite incident in Michigan or Ohio, don’t wait to seek legal advice. Proving negligence in these incidents can often be complicated, but with the right legal team and enough time to build a case, you can increase your chances of pursuing the compensation you need to recover.
Located in West Bloomfield, Michigan, and Toledo, Ohio, we serve clients throughout both states. Contact our office today to schedule a free consultation.