Sunday, August 18, 2013

After You're Bitten - Proving Ownership of the Dog For Liability Purposes


When you pass a dog along the street or sidewalk during your morning run or even the short trip to your mailbox, it's important to remain vigilant. You may know the dog, or at least have seen it around the neighborhood, but that doesn't mean the dog is passive or friendly. If you attempt to extend a friendly hand or acknowledge the animal, you risk being bitten. In the event it should happen, the steps you need to take should be first designed to address your health and then your ability to file a claim to cover any expenses - medical and potentially more.

After you have been bitten and are able to confirm the identity of the dog in question, you must identify the owner. Typically, if the dog is wearing a collar with identification, ownership may be easily determined, but what happens in the event the dog has no identification, or the current ID is invalid? It is possible to discover the name and address on a dog's collar belongs to a previous owner who may deny liability for your injury. If ownership is not clear or easily determined, you will need to investigate. When you retain the services of a personal injury attorney who works on dog bite cases, he will interview you about your knowledge of the dog and anybody connected to the animal. It isn't unusual for an attorney to contact people in the neighborhood for answers. There are several possibilities to look to for help in identifying the dog and its owner:


  • Postal carriers- The neighborhood mailperson will have an intimate knowledge of the neighborhood, and may recognize pets that play in the yards. If your carrier can connect the attacking dog to a house, that's a plus.

  • Service people- Think of all the recent services that have come into the neighborhood recent weeks: painters, contractors, landscapers, and the cable guy. If any recall such a dog in a home where they worked, get that information.

  • Police or animal control authorities- If the dog in question has been involved in a prior incident that was reported to the police or animal control authorities, there will be a record you can access for identification purpose.

  • Veterinarians- If the dog has been treated by a veterinary clinic, there will be records available. Your lawyer may research all the clinics and animal doctors in the vicinity.

With careful research, you can identify the owner of the attacking dog, then work toward getting appropriate compensation. One reason why few dog bite victims are compensated is because the claims are not filed. If you feel you deserve compensation and you cannot identify the dog's owner, don't give up! There are people who can help you, not the least of which is an attorney who regularly deals with animal attack cases.

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