Seventy percent of US households own a pet, according to the latest survey by the American Pet Products Association (APPA). With a spike in ownership of domestic animals, there’s been a corresponding increase in pet attacks.
While owning a pet comes with its share of responsibilities, who can be held accountable for their actions? This blog looks at the tort liability of pet owners, and how a personal injury lawyer can help you seek deserved recompense when injured by a pet.
Types of injuries with pet attacks
Biting, mauling, and clawing by violent pets can lead to scars and other serious physical injuries, including fractures, nerve damage, disfigurement, sprains, and strains. Fatal pet attacks can cause psychological issues—anxiety, depression, stress, sleep disorder, phobias—that can last throughout a survivor’s entire lifetime. Violent attacks can also result in life-threatening diseases, such as rabies, tetanus, sepsis, meningitis, and endocarditis.
When the animal owner is strictly liable
The injured victims of pet attacks often face huge out-of-pocket expenses for medical procedures, psychological treatment, and other damages. They may also suffer lost wages owing to their inability to return to work. It becomes important for the victims to hold the pet owner accountable for their injuries, and seek compensation.
As per law, owning a wild animal makes the person strictly liable for any harm caused by them. Here, wild animals refer to snakes, lions, tigers, and bears that by nature are wild, even if they’re tamed. On the other hand, there are three kind of laws that govern the rules of liability pertaining to domestic animals (cats, dogs, or horses):
- One bite rule: where the pet owner fails to take reasonable precautions to prevent the attack, despite being fully aware of the pet’s aggressive nature.
- Negligence law: where the pet owner was unreasonably careless in controlling the pet.
- A dog-bite statute: where the owner is automatically liable for any injury or property damage by the pet.
Overall, the legal obligations of pet owners and related rules vary from state to state. Depending on state laws and the prevailing situation, victims may seek compensation against the owner or their insurance company.
Types of defenses raised by the defendant
Pet owners may try to escape liability by alleging that a third party provoked the pet to act aggressively. In such cases, a plaintiff can’t proceed with a personal injury claim against the dog owner. Rather, the third party should be held accountable. Here are some of the defenses raised by the owners:
- The pet was provoked by the plaintiff
- Third party (dogsitter) acted negligently
- Plaintiff was illegally present on the pet owner’s property
Why seek legal representation
If you’ve been hurt by someone else’s pet and sustained compensable injuries, you might be entitled to compensation. Understanding legal rights under varied state laws can be an overwhelming and difficult process.
It can be difficult to know what to do next, and whether/how to take any legal action. Connect with a personal injury attorney to find out how local laws apply to your situation, and how to recover the compensation you deserve. Legal representation will assist you in navigating the complex process of initiating a claim and seeking justice under different circumstances.
If you’re looking for the best lawyers for personal injury, contact LegalASAP today. You can also take our free evaluation to see if you qualify and get the legal help you need.
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