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Does the Type of Animal That Bit Me Affect My Injury Claim?

In some states, your legal rights might vary depending on the type of animal that bit you. If you have suffered a dog bite or other animal bite injury, contact an attorney to determine your rights. A personal injury lawyer who has experience with cases involving dog and animal bite injuries can help you learn what your rights are.

Dogs

Most states have enacted laws that are collectively referred to as "dogbite laws." Dogbite laws impose what is known as "strict liability" on dog owners for injuries caused by their dogs. Strict liability means that the dog owner is responsible for injuries caused by his or her dog, regardless of actions of the owner.

Dogbite statutes provide a significant legal advantage to people injured by dogs. In states that do not have such laws, an injured person has the burden of proving that the dog owner knew (or should have known) that his/her dog was vicious and could injure someone. Under strict liability dogbite law, however, the plaintiff only needs to show that the dog bit him/her.

However, an injured person could be barred from recovering damages (even under a dogbite law), if the dog owner shows that the injured person provoked the dog, or was trespassing. Generally, in states with dogbite laws, a person injured by a dog will have an easier time proving his or her legal case than a person bitten by another type of animal.

To find out whether your state has a specific dogbite statute, you should check with an experienced attorney in your area.

Horses and Domestic Animals

Most injuries from horses are caused by kicks, as opposed to bites. Most states do not have specific laws regarding injuries caused by horses. As a result, injuries caused by horses typically are treated (as are injuries caused by other domestic animals) under standard rules of negligence. Thus, the owner of a horse will usually be held liable for injuries caused by the horse if the owner knew or had reason to know of the horse's dangerous tendencies. Also, consistent with other animal cases, a horse owner may not liable for injuries if the owner can prove the injured person "assumed the risk," was "contributorily negligent," or provoked the horse.

Wild Animals

People who own or keep wild animals are often subject to strict liability in the same way that dog owners are responsible for dog bites under dogbite laws. The reason for this is that the act of keeping an animal that, by its nature, is potentially uncontrollable and vicious is considered inherently dangerous. Thus, even if the owner of a wild animal goes to extreme measures to protect people from his animal (such as building high fences), if the animal injures someone, the owner can be held liable regardless of the effort he or she took to protect the public.

Conclusion

The type of animal that injures you can affect your legal rights. To find out if your state has specific "dogbite laws" or other animal-specific laws, contact an attorney who is experienced in animal-related cases. An experienced personal injury attorney can assess your situation and discuss your legal right to compensation for your injuries. Contact your personal injury attorney to arrange a consultation.

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