Animal Attack Information

A guide to understanding Animal Attacks and your legal rights if you have been attacked by an animal, including state dog bite laws, a guide for determining fault, ways of protecting yourself and your children from animal attacks, and the statute of limitations.

Understanding Animal Attacks · Determining Fault · State Dog Bite Laws · Protection from Animal Attacks · Dog Attacks · Statute of Limitations

Understanding Animal Attacks

Animal attack cases occur all over the country and countless numbers of people each year. Animal attacks can happen in zoos, in a neighbor’s backyard, on the streets, or even inside one’s own home, and the most common form of animal attack involves dog bites. Many animal attacks are caused by the failure of the animal owner or custodian to safely keep the animal away from other persons. Animal owners and keepers are responsible for providing the proper care and diligence regarding the custody of their animals whether they are wild, tame, or domesticated.

An animal attack can be emotionally traumatizing and cause severe, permanent injuries or death. Children are often the victims of these attacks. Most states have laws that demand the care and restraint of domestic pets. A victim of a dog bite or other domestic animal attack may have claims against the animal's owner under the owner's homeowner's insurance policy.

Determining Fault

When someone has been bitten by an animal and has suffered serious injury, he or she may be legally eligible to receive compensation from the owner of the animal or another who was responsible for the animal. It is important to note that not all animal liability issues are the same. In dog bite cases, most states have strict liability laws, which means that if a dog bites a person, the owner of the dog is strictly liable for any injuries caused by the bite. However, for other animals different laws apply. If, for example, a horse bite is suffered, liability will become an issue and who is responsible for the injury will have to determined, as a question of fact.

Generally speaking, if the attack could have been prevented, had the owner, possessor, or caretaker of the animal exercised the proper care and caution to avoid the attack, that party may be held liable for damages such as medical expenses, lost wages, and other damages. In domestic animal attacks, the personal injury claim is typically paid by the homeowner's or renter's insurance policy or the business liability policy of the animal's owner.

It must be noted that if the animal attack victim was trespassing, attempting to commit a criminal offense, or was teasing or abusing the animal, that person is considered to be at fault and no damages will be awarded.

State Dog Bite Laws

Protection from Animal Attacks

There are many kinds of animal deterrents that you can buy to provide effective protection against canine and wild animal attacks. These include a device that emits a high pitched sound only heard by dogs and repellents that are similar to pepper spray, which can be used to distract and disorient the dog while you escape. Other steps that can aid in protection against animal attacks include being alert and aware of your surroundings and possible dangers, carrying a cell phone with you in order to call for help if you are in danger, and being careful not to startle or antagonize any animals. In zoos, aquariums, and amusement park safaris, it is important to follow all posted rules.

The best method of protection from animal attacks is prevention. Here are some good animal attack tips that can help to prevent a dog bite:

1.) Do not go near dogs without permission from the owner. 2.) Do not startle or disturb any dog that is eating, sleeping or caring for its puppies. 3.) Do not approach a dog that is impounded behind a fence or leashed on a chain. 4.) Do not tease a dog by poking at it through fences or cages using hands, arms, or any object. 5.) Don't stare at the dogs' eyes as it often incites aggression. 6.) Do not approach a strange dog you don't know or a dog that is not attended by his owner. 7.) If you have a baby at home and a dog in the house, never leave your baby unattended. Train the dog to stay away from the baby. 8.) Report stray dogs in the neighborhood to animal control immediately.

Dog Attacks

Dog attacks are more prevalent than many people may know, with an estimated two percent of the US population, or 4.7 million people, being bitten by dogs each year. In addition, the number of fatal dog attacks in the USA has been going up, with 33 reported fatal dog maulings in 2007. Pit bulls, Rottweilers, and Presa Canarios are dog breeds that are known to be prone to aggression, but any dog, treated harshly or trained to attack, may bite a person. The owner or handler often is responsible for making or allowing a dog to be dangerous. Over 50 percent of dog attacks occur on the dog owner's property, and the vast majority of biting dogs belong to the attack victim's family or a friend. Children have the highest incidence rate for attacks. There are many signs that a dog is about to attack, such as growling, snarling, stiffened front legs, and raised hair along the spine. Dog safety education for adults and children, animal training, and selective breeding for temperament are steps that can be taken to reduce the incidence of attacks and accidents involving dogs and humans.

Statute of Limitations

If you have been injured in an animal attack, it is in your best interest to file a claim as soon as possible. When you file a claim quickly, evidence is more easily gathered to prove your case. In addition, filing promptly ensures that the statute of limitations will not expire. Animal attack cases have a specific statute of limitations in each state. The statute of limitations is a time limit that governs the period in which an injury victim can file a personal injury lawsuit. After this period expires, you lose your right to bring a claim in connection with your animal attack. When a dog bite or animal attack causes injury or death, an attorney can help you meet the appropriate time limitations for your area so that you can sucessfully file a claim.

All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.

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