Can the Breed of the Animal Affect a Bite Injury Case?
In some locations, your legal rights may vary depending on the species of animal that bit you if you are injured as a result of an animal bite and decide to file a legal claim for your injuries. Hensley Legal Group recommends this:
The majority of states have enacted “dog-bite legislation,” sometimes referred to as “dog-bite laws.” A statute prohibiting dog bites holds dog owners “strictly liable” for any damage caused by their pets. Owners of dogs are held strictly liable for their animals’ behavior, even if they were not at fault.
Dog-bite statutes provide significant benefits to individuals who have been bitten by dogs. In states without such legislation, a victim of a dog attack must establish that the dog owner knew (or should have known) that his/her dog was dangerous and may cause injury to others. On the other hand, a dog-bite victim just needs to demonstrate that the dog bit him or her; the owner’s knowledge is irrelevant in this type of case.
However, if the dog owner establishes that the injured party provoked the dog or was trespassing, the injured party may be barred from pursuing damages (even if the dog owner proves that the injured person was). In jurisdictions with dog-bite statutes, a dog-bite victim will have an easier time proving his or her case than a non-dog-bite victim.
Consult a competent lawyer in your area to determine whether your state has a statute prohibiting dog bites.
Horses and other domestic animals
The majority of horse injuries are caused by kicks, not bites. Due to the fact that the majority of states lack specific legislation governing horse injuries, such injuries are typically treated the same as those caused by other domestic animals: under standard negligence regulations. In other words, a horse’s owner may be held liable for the horse’s injuries if they were aware of or had reason to be aware of the horse’s hazardous features. As is the case with other animals, a horse owner may not be held liable for injuries if the injured person “assumed the hazard,” was “contributorily negligent,” or provoked the horse.
Natural world species
Owners of wild animals, similar to dog owners under dog bite legislation, are frequently held strictly liable for their animals’ behavior. Keeping a potentially unmanageable animal is therefore considered as essentially dangerous. This means that even if an animal’s owner takes great precautions to protect the public from the animal (such as constructing high fences), the owner can be held liable if the animal injures someone, regardless of how much effort was put.
Consult a Lawyer Regarding Your Bite Injury Claim
The type of animal that injures you may have an effect on your legal rights. To determine whether your state has “dog bite statutes” or other animal-specific rules, as well as to discuss your potential injury claim, you should contact an experienced personal injury attorney.