Do I Have a Case? Understanding Liability in Dog Bite Claims
Dog bites are often traumatic events. When a dog attack results in physical injury, emotional distress, or financial strain, it's only natural to wonder if you have a case. If you're considering taking legal action, understanding liability in dog bite claims is the first step.
At Ronald S. Weiss, Attorney & Counselor, we are experienced in helping victims in Ohio and Michigan determine the strength of their dog bite claims and guide them through the process of seeking compensation. We will walk you through the basics of liability in dog bite cases and outline how we can help you pursue justice.
Determining Liability in Dog Bite Cases
In a dog bite case, liability is about responsibility. Who caused the harm and why? When it comes to dog bites, Michigan and Ohio both apply a “strict liability” standard. This legal principle plays a key role in holding dog owners accountable.
Strict Liability
Both Michigan and Ohio apply a “strict liability” standard when it comes to dog bites. This means that a dog owner can be held responsible for injuries caused by their pet, regardless of whether they knew the dog was dangerous or aggressive. Essentially, the law recognizes that dog owners have a duty to make sure their pets do not harm others.
Under strict liability, you don't need to prove that the dog owner acted negligently. Instead, you simply need to show that their dog caused your injuries. There are certain exceptions that can impact your claim—such as if you were trespassing or provoking the dog—but in most cases, an owner is held responsible simply by virtue of ownership and the occurrence of the bite.
How to Establish Liability in Dog Bite Cases
If you’ve been bitten by a dog in Ohio or Michigan, establishing your claim is generally straightforward under strict liability laws. You do not need to prove that the owner was at fault in their handling of the dog. Instead, you need to provide evidence that:
You were legally present at the location where the bite occurred.
You did not provoke the dog.
The dog bite caused your injuries.
Proving these elements is usually enough to establish the owner's liability and allow you to seek compensation for your damages.
Every dog bite case has its unique circumstances, and the facts surrounding the attack can impact your claim. However, thanks to strict liability statutes, the burden on victims to prove owner misconduct is significantly reduced.
What to Do If You’ve Been Bitten by a Dog
If you’re wondering whether you have a case, the steps you take following the incident can make a significant difference. Consider taking the following steps if you've been bitten by a dog to protect your legal rights and strengthen your claim:
Seek immediate medical attention: Your health and well-being are the top priority. Additionally, medical records create a concrete record of your injuries.
Report the incident: Notify animal control or local authorities. This formalizes the incident and ensures the dog is documented for future reference.
Collect evidence: Take photos of your injuries, clothing, and the location of the attack. If possible, document the dog and its surroundings.
Avoid discussions with the dog owner and the dog owner's insurance company: Refrain from discussing fault or compensation with the owner until you’ve consulted an attorney.
Contact a dog bite attorney: An experienced attorney can assess your case, guide you through the legal process, and advocate on your behalf.
What Evidence Should You Gather to Build Your Case?
Proving liability isn’t just about pointing fingers; it requires solid evidence to support your claim. The stronger your evidence, the better your chances of successfully holding the dog owner accountable. When filing a dog bite case, aim to include the following types of evidence.
Medical Documentation
Seek medical attention immediately after a dog bite. Whether your injuries seem minor or severe, medical records will play a crucial role in documenting the physical and emotional damage caused by the attack. Photographs of your injuries, doctor’s notes, and treatment plans help create a comprehensive picture of the harm done.
Incident Reports
Promptly contact animal control or your local law enforcement agency to report the attack. An official incident report provides an unbiased account of what happened, which can strengthen your case.
Witness Statements
Eyewitness accounts can provide a critical, neutral perspective on the circumstances of the dog bite. Be sure to gather contact information from any witnesses so their testimony can be included in your case.
History of the Dog’s Behavior
If the dog has a documented history of aggression or prior incidents, this information can significantly support your claim. Animal control records, police reports, or statements from neighbors can highlight a pattern of behavior, which may reinforce your claim under strict liability.
Contact Us Today for a Free Consultation
If you are curious whether you have a case after being injured in a dog bite incident in Ohio or Michigan, don’t wait to seek legal advice. Proving liability and pursuing compensation can be complicated, but the right legal team can help determine the full extent of your damages and pursue fair compensation.
At Ronald S. Weiss, Attorney & Counselor, our attorneys are experienced in handling dog bite cases. With offices located in West Bloomfield, Michigan, and Toledo, Ohio, we serve clients across both states. Contact us today to schedule a free consultation.