A Definitive Guide to Dog Bite Injuries March 14, 2014
Though dogs are the most lovable animals on this planet, there are potential threats from them as well. There has been a consistent rise of the dog bite injury cases nationwide. While in the year 2003 the average dog bite claim was $19,162, in the year 2011, it touched $29,396. The overall cost of the average dog bite claim has risen by 53.4% since 2003. Serious dog bite injuries entail immediate medical attention that can prove quite costly. There is no reason why you (as the victim) shouldn’t sue the dog owner for compensation, if he is even remotely responsible for the entire mishap. The general process by which the victim is compensated is through the dog owner’s homeowners’ insurance cover. Most of the insurance policies offer around $100,000 to $300,000 as liability coverage. Read on to learn more about dog bite claims in general. There are several factors that determine who pays for the treatment. As most of reimbursements are done through the homeowners’ insurance policy, a victim is considered seriously out of luck if the dog owner is uninsured or a renter. Additionally there are breeds like rottweilers, pit bulls, etc that are not generally insured at all as the insurance providers refuse to cover such dangerous breeds. The One Bite Rule is applicable in some of the states and it requires you to prove that the dog owner was aware or should have been aware of the dangerous inclinations of his pet. The statutory strict liability is enforced in 30 states of the US. It makes the dog owner liable when his dog bites a victim.
Dog Bite Injury Claim
Even if the dog owner is insured, it takes time to receive your compensation as you can only start negotiating with the insurance company after your injury heals. The settlement value might differ with the severity of injuries (subsequently on the medical expenses). The expenses for the first night in hospital can even cross 20 thousand US dollars. There is something called the residential exclusion that exists even in the states where the strictest of the liability laws exist. It prevents the victim from receiving compensation when the attack takes place in dog owner’s premises unless the victim is able to establish the same burden of proof as is needed for the One Bite Rule. What Should You Do After a Dog Bite? In order to establish your claims in the court, you need to ensure you have the evidences of your injury, witnesses and medical documents converted by Web2PDFConvert.com
in place. For instance, in Ontario, you need to document that you were not on the owner’s property with a criminal intent (sensing which the dog had bitten you) or else you weren’t at fault to lead to the dog attack. If you’re unable to do this, your compensation would be limited.
Conclusion Dog bites might often lead to serious consequences amounting to psychological damages and strained relationships. It has often been noticed that a victim finds it virtually impossible to get out of his house to even take a stroll in the park, days after the mishap. In most cases, the dog owner and the victim know each other and the legal complications that follow after a mishap often disrupt their relationship. Author Bio: Alex G. Tovarian is one of the leading attorneys in California, with Employment Law and Personal Injury Law as his key practice areas. The Law Offices of Alex G Tovarian has offices in three leading cities of the state namely, San Jose, San Francisco and Sacramento. Share it now!
5 Written by: Alex Agtlawyers on March 14, 2014. dog bite claim, dog bite injury
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Published on Apr 1, 2014
Though dogs are the most lovable animals on this planet, there are potential threats from them as well. There has been a consistent rise of...