Dog Bites
Every day throughout the United States and right here in Knoxville, people are enjoying life with their dogs. They are truly mankind’s best friend and most loyal companion, here to provide laughter, comfort, and happiness for their owners. Dogs are also fierce defenders of their owners and property. Whenever a stranger or individual bent on harming their owners approaches the home, dogs will often sound the alarm through barking and do everything they can to prevent any injury from coming to their owners.
Unfortunately, there are also occasions when a dog lashes out at someone and causes serious physical and mental harm to that individual. There are numerous reasons why this may happen, but it is up to the owner of the dog to ensure that he is restrained and cannot inflict injury that is unwarranted. Dogs have serious biting power, especially if they are a larger breed. That means a bite from a canine can be very serious and cause severe injuries ranging from deadly puncture wounds to torn ligaments to broken bones and more.
Our expert legal team at OEB Law has ample experience dealing with all types of personal injury claims, including dog bites. We use our expertise and skills to investigate the situation in which the dog bite occurred and gather the necessary evidence to ensure that victims get the compensation they deserve. When you work with our team of experienced attorneys, we will work diligently to make sure that your best interests are always at the forefront of the legal conversation.
Dog Bites Can Inflict Serious Harm
When it comes to dog bites, the size and power of the breed of dog will greatly influence the level of harm caused by the dog’s bite. A small dog such as a Chihuahua simply does not have the same bite power as that of a much larger and more powerful dog such as a pit bull or German Shepherd. In fact, the Pit Bull and German shepherd are among the most common breeds cited as being responsible for a serious bite. Other breeds include Rottweilers, Presa Canarios, and wolf-dog hybrids.
In the last decade or so, the occurrence of dog bites has decreased since previous decades, but they still do occur. Studies have shown that the reasons for the decline can be due to better owner awareness, more familiarity of children (most likely to be bitten) with dogs and how to approach them, and the role adjustment from guard dog to companion. However, dog bites do still happen.
In 2018 (the most recent year for available data), there were a total of 344,201 nonfatal injuries resulting from dog bites treated in the ER around the country. While they are not fatal injuries, dog bites are still happening, and some of these situations may be eligible for a personal injury lawsuit to be filed.
Owners Should Be Held Liable for Their Dogs’ Actions
When a dog bite has occurred, the injuries can be serious and the victims of dog bites deserve compensation from the negligent owner or caregiver of the attacking dog. In Tennessee, the laws regarding dog bites can be quite complex and confusing, but they do allow for victims to have a few different legal options when filing a lawsuit.
As with any personal injury situation, liability needs to be established in order for a court to award compensation to the victim from the responsible party. In a dog bite suit, there are a few options for liability including:
- Strict liability: The Dianna Acklen Act of 2007 established strict liability on the part of dog owners for all injuries caused by the dog. However, the law only applies if the dog was off leash in a large space such as a dog park or in a veterinarian’s office.
- Knowledge: This is equivalent to “knowledge” of the owner that his dog is dangerous or has the potential to be dangerous in the right circumstances. This knowledge could have been established by previous attacks by the dog or the appearance of pre-bite behaviors such as lunging, teeth baring, and aggressive barking.
- Negligence: This is much in the same vein as the knowledge liability situation. However, this brings a third party into the mix such as a veterinarian whose employees were negligent in their duty to guard and prevent any type of confrontation by the dogs in their care.
To ensure that you have the best chance of getting the compensation you deserve for your economic losses like medical expenses and non-economic damages such as pain and suffering, be sure you are working with an experienced and skilled attorney in Knoxville.
Defenses Against Dog Bite Lawsuits
As with any type of personal injury claim, the defendants will want to come up with some type of defense that eliminates their liability. Our team at OEB Law will be prepared for any type of defense that may be developed and put forth by the defendant. Many defendants will use provocation as a defense against strict liability. If the dog was provoked by the intentional infliction of severe harm to itself, then the violent reaction and subsequent bite may be deemed necessary.
Another defense is the use of a “Beware of Dog” sign in the yard or property where the dog resides. However, the simple display of the sign is usually not enough to be a solid defense. Rather, it will be necessary for the defense to prove that the injured party saw the sign, could read it, and was able to understand its meaning. This can be difficult to prove.
No matter what defense is put forward, our team will not rest until you and your family have the best possible outcome for your dog bite injuries. We gather evidence and build a strong case to ensure that you have a great chance of getting the compensation you deserve.
Contact Our Legal Team in Knoxville to File a Dog Bite Lawsuit
Have you or a family member been injured as a result of a dog’s bite? Our team at OEB Law is happy to offer you a free initial consultation to discuss your case and determine if you are eligible to file a personal injury lawsuit against the dog’s owner for its harmful actions.
Our team has more than 50 years of combined experience helping the residents of Knoxville fight for the compensation they deserve from accidents that were not their fault. When another person’s negligent or reckless behavior results in serious injury, the injured party deserves compensation from the liable party.
Call us at (865) 546-1111 to find out more about filing a lawsuit against the owner of a dog that bit you in Knoxville. We are the attorneys who keep your best interests in mind and work to get you the compensation you deserve!
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"My 16 year old daughter, 63 year old mother and 2 year old nephew were hit head on in Sevier County (with multiple injuries) & the gentleman who hit them's insurance company kept telling us to keep receipts & they would reimburse all out of pocket expenses. We were coming up on a year(when the statute of limitations runs out) so I contacted OEB Law because the insurance company wouldn't even talk to us. Billy at OEB Law got on the case quickly and was able to get all bills paid, $ for lost wages, attorney fees, & they each got $ for pain & suffering. I would highly recommend this firm for any litigation. We were all extremely impressed with the sincerity & promptness of the group.🙂"
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