Law

How is Liability Determined in a Dog Bite Case?

Having a dog for companionship and safety is a good thing. However, with that come added responsibilities like taking good care of the animal’s physiological needs. In older times, when someone suffered from a dog bite, the law usually held the responsibility to both the owner and the animal.

However, things have now changed. In the case of a dog bite now, the liability is determined to be either strict or the fault of a dog owner. If a dog from your neighborhood or any other bites you, immediately contact Hopkinsville personal injury attorney who will help you figure out the compensation for your injuries. 

However, here are some ways to understand the liability in a dog bite case.

Fault or strict liabilities

Fault liabilities are generally considered tortious activities and arise because of the victim’s fault. In such a situation, the victim becomes the defendant and is responsible for his actions. So in case of a dog bite, neither the owner nor the dog is at fault and will not pay for any liability claim.

On the other hand, the person or organization conducting harmful activities is responsible for strict liability. They must compensate for any damages or injuries caused by them.

Laws for categorization of animals

According to the law, animals are divided into two categories. Ferae Naturae are animals that inherit predatory genes. Mansuetae Naturae are animals that do not possess a harmful nature.

Dogs fall under the Mansuetae Naturae category, which means they are potentially harmless to humans. According to the law, any harm caused by a dog is the responsibility of the owner, providing the victim proves that the dog had an attacking nature and the owner was well aware of the dog’s behavior. 

The strict liability states that the owner who brings any dangerous thing into his neighborhood is responsible for the damage caused by it. Here the dangerous thing is the dog’s vicious nature. However, you must also prove that the harm was caused solely because of the dog’s nature and nothing else. 

For example, the victims have an inbuilt fear of dogs, and due to that, they step aside and land in the middle of the road, resulting in a road accident. The dog owner will not be responsible for the injuries and damages. 

Proving the other party’s fault in a dog bite case can get tricky.  So it is best to gather as much evidence as possible at the time of the incident and then contact a lawyer as soon as possible. 

Related Articles

Leave a Reply

Back to top button