Recovering Your Losses

Putting The Bite On Dog Attacks: New Laws Have Teeth

Have you suffered through a dog attack? If so, chances are that you suffered significant injuries requiring medical attention; you may even have had to stay in the hospital for a few days. Liability for dog bites used to be a loosely defined issue, with owners claiming they didn't know their dogs were aggressive. In recent years, however, laws have made owners financially responsible for their dogs' behavior--even for first-time bites. If you are seeking compensation for your injuries, an attorney can use the "teeth" in these laws to your advantage.

Attacks on the rise

According to DogsBite, a public education website, the 42 fatal dog attacks in 2014 were the highest recorded in the past ten years (the previous year there had been 32). Dog bite-related injuries comprised one-third of homeowner insurance claims in 2013, an increase of 5.5% over the previous year. In fact, the number of hospitalizations from dog attacks increased 86% between 1993 and 2008; and in 2008, those attacks sent 9,500 people to the hospital with an average cost of $18,200 per patient. Hospitalization data varies from state to state, of course; for instance, in Arizona, inpatient stays increased 139% from 2008-2012, at a cost of $55 million.

Injuries likely to be severe

Dog bites suffered in an attack can be quite severe. Victims may suffer

• puncture wounds

• nerve damage

• lacerations, broken bones

• disfigurement

• infection

Victims can also suffer emotional damage, including anxiety, flashbacks, nightmares, and even post-traumatic stress. Some people develop a fear of dogs after such an experience, which prevents them from enjoying canine companionship for the rest of their lives. Psychological treatment, sometimes accompanied by anti-anxiety medication, is necessary in these cases. Victims may require months of counseling.

About 1,000 people require treatment for dog bite injuries every day. In fact, dog bites are the 5th most common cause of emergency medical attention for children. In 2012 alone, 27,000 people required reconstructive surgery because of their injuries.

New laws clamp down

With dog bite attacks on the increase, what are lawmakers doing to address the needs of victims? New laws have recently gone into effect around the country to prevent dog owners from getting away with immunity for their dogs' aggressive behavior.

Previously, most dog bites fell under the "one bite law." This meant that if a victim was bitten by a dog who had never shown signs of aggression before, there was no legal recourse for compensation. The owner was not held responsible because it was assumed he/she didn't know the dog was inclined to bite. However, 36 states have now adopted "strict liability laws" that must only prove four things:

1. A dog attacked the victim.

2. The defendant owns the dog.

3. The victim didn't do anything to provoke the attack.

4. The victim was in a permitted area.

Those bitten by dogs today have more recourse under the law than in years past. No longer are owners able to hide behind the justification, "I didn't know my dog would bite." Tougher leash laws and stricter accountability for dog bites mean leverage for you when your attorney negotiates with the owner's insurance company. Because 95% of personal injury cases are settled without going to trial, there's a good chance that your attorney will be able to obtain an award for you that will pay your bills and ease your suffering. Even if you have to go to trial, the outcome will probably be favorable, as 90% of cases end in judgments for the plaintiffs.

Use the "teeth" in new dog bite laws to obtain the compensation you need. A consultation with a personal injury attorney is free, so call or go to websites like this one to schedule yours today.