That has now changed; so if your dog bites a tradesman or delivery person, you could face prosecution. The immediate steps that you take may change the legal consequences. Before knowing the laws, you need to know the standard of care. If a licensee is likely to encounter the dog while on the property, the owner must ensure the dog cannot injure the licensee. There are a number of causes of action available to the victim of a dog attack in Texas. When my wife and I moved into a bigger place, I knew that I wanted to do the same for my family. In that case, if Dangerous Daffodil bites someone on your property, the homeowner or occupier may be held strictly liable. If a dog bites someone on your property, you may be liable for the dog bite injury as the owner of the dog or under a theory of premises liability. First and foremost however, you should obtain immediate medical attention. This also applies if the dog bites another domestic animal. So my entire life, I was surrounded by pets that I cared for deeply. A dog bite left untreated for any length of time can cause a disability or life-threatening infection. What happens if your dog bites someone on your property? Always provide your name and be ready to demonstrate that your dog is up to date on vaccinations, especially against rabies. Typically, the period of quarantine depends on how long the officials take to investigate. This does not necessarily mean to remove the dog from your property; it may mean that you will be responsible for retaining your pet in the yard or indoors such that it cannot reach anybody. If you are in a state following the one-bite law, you may not be held liable for the harm caused to the first victim, provided you were ignorant about the incident. A safeguard against this, however, is to put up a warning sign, indicating there is a dangerous dog on the property. You need to be aware that when your dog bites someone, it puts you at risk. The dog must be desexed and kept in an enclosure that cannot be accessed by children. And, if you’re the property owner that owns the dog, panic might set in as you worry if you're liable. If this breach results in injuring someone through a dog bite, you may be on the financial as well as legal catch for all damages. In that case, if Dangerous Daffodil bites someone on your property, the homeowner or occupier may be held strictly liable. Talk to a Dog Bite Lawyer Today. However, if you know that your tenant keeps a dangerous dog on your property, and you know that the dog roams the neighborhood all the time, a court might find you responsible if that dog injures someone. Tel: 905-546-1990 Fax: 905-546-1695 E-mail: info@bernsteinlawgroup.ca. If the bite turns out to be very minor, (for example, costs less than your deductible) you can decide to pay money “out-of-pocket” and skip the insurance paperwork (with the possible subsequent increase in your premium). The law in on Ontario as it relates to dog bites is fairly clear—owners of dogs who injure another person will be held strictly liable to the victim for the damages and pay fair and reasonable compensation. That's true in most instances under general fault principles of personal injury law, but there are situations in which a dog owner won't automatically be off the legal hook for injuries to trespassers. In other words, a dog owner may be prosecuted if the pet attacks someone on an owned property, including the pub area and backyard. This is regardless of whether you knew about the aggressive behavior of your pet or its past biting history. It is not necessary for your dog to bite or physically injure a person for a felony to occur. If anyone feels that your dog may hurt someone, the pet may still be out of control. If the attack occurred outside local council hours, you may call your local police station. Q653 provides more information on dangerous dogs. You might assume that dog owner liability for dog bite injuries doesn't extend to people who are trespassing on the dog owner's property at the time of the bite incident. This defence only applies in your home and not other premises or land i.e. The laws surrounding dog attacks can be complex. Answering this question is easier when you first understand what can happen. If your dog bit someone on your property, you could be held responsible. Unfortunately, dog bites can happen despite precautions, and in an unpredictable fashion. One of the main reasons to rear dogs as pets is to ensure protection from unwanted people on the property. You may also have a right to compensation, but that’s not the only reason you should come forward. The TRUTH (Pros and Cons), 9 Reasons Why Yorkies Lick So Much – #3 Is so Funny, 6 (Tips and Guide) On How to Train a Shih Tzu Puppy. If your dog bites someone who's peaceably carrying out official duties, you're strictly liable for damages caused as a result. This is the first thing to consider for a dog bite case. Related Topic: 6 (Easy) Ways On How To Remove Stains From White Dog Fur. Indiana Dog Bite Laws: The Basics. Nevertheless, you are likely to be held liable for the injury caused to the second victim, as it occurred following the first one. If a dog owner does not have home or pet insurance, or if the breed of dog is not covered then they will be liable to pay any court damages from a dog bite out of their own pocket. If a dog bit someone on your property and the animal did not belong to you, you may be able to protect yourself against liability accusations. WHAT IS THE STANDARD OF CARE OWED? If you do, you'll want to understand the letter of the law. Almost all states have clear legal rules describing the liability of a pet owner arising a bite by a dog. (1) If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness. If your dog bites someone who is trespassing on your property or in your home, you will not be held responsible. Whether the victim is a guest, trespasser, or a salesperson, you may be held liable for damages in certain situations. Depending on the laws of your state, the dog owner can be held liable for injuries or property damage if he or she is aware that the dog … What happens if my dog bites someone? To protect others from the dangerous dog that attacked you and obtain the compensation you deserve, consult with a dog bite attorney today. Whether you own a large dog or a miniature breed, and however calm and friendly your dog is, the Dangerous Dogs Act still applies to you. Now, as indicated above, legislation has imposed strict liability on dog owners for any injuries that are caused by their pets. Web Design & SEO by Digital Marketing Press. I also happen to have gotten accepted to law school on the very day this dog bit my child. Ultimately, with very few exceptions, a dog owner is not responsible for a dog bite to a trespasser. If your dog has attacked or bitten another person, it is best to seek legal advice. Therefore, if your dog acts as a guard dog and it bites someone who does not have a legal reason to be on your property you will generally not be held liable. You are negligent if: Depending on how the incident took place, your dog could be at risk. For example, if your tenant’s dog bites someone while your tenant is away from the property with their dog, you would almost never be responsible. This means that the if a dog owner’s pet bites or attacks someone, than that owner is liability regardless of whether they are negligent or at fault. They include negligence, causing a dog bite by violating an animal control law, failing to stop a dog attack which is in progress, and keeping a dog that is known to be vicious. The reality is that dog bites happen more often than you’d think. The Dog Owners’ Liability Act. Know This First Before Concluding. If a canine bit someone on your property, you may need to fight a lawsuit. This is generally covered by the dog owner’s home insurance—but not always. No matter what breed of dog you have, medical expenses can come in when your dog is injured due to a dog bite. When it comes to injuries to lawful visitors from dog attacks, owners are strictly liable for medical expenses for a first-time bite or mild dog-related injury. When they bite, there can be serious injuries. You should not accuse or argue with the wounded person. Dog bites can also be prevented, especially if you know why they might bite. The Government announced in February that it will extend the dangerous dogs legislation to make it an offence for a dog to be dangerously out of control in any place, including all private property. 1990, c. D. 16 and enshrined in our common law. If you or a loved one has been injured by a dog bite, seek medical attention and contact a personal injury lawyer immediately. After a dog bite occurs, your first reaction might be shock or panic. Animal control can seize the dog and, in the worst case, euthanize it. It applies when the defendant (a dog owner or someone having custody of the dog) violates an animal control law. Your dog bite attorney can review security footage, interview witnesses and experts, and enter into negotiations on your behalf. Whether your dog was chasing and knocking them down or biting them, that could fall onto you. Pet owners should take care of, seeing pet parks, or merely strolling through their areas. Your dog is now considered dangerous. In other words, injured victims may be found partially liable if they contributed and put themselves at risk. If your dog bites someone, sure, you are responsible. This has resulted in, for instance, with some exceptions, pit bulls being banned. Charges if dog bites anyone on your property. It also does not matter what you did to confine your dog or defend the public. What happens when your dog escapes from your property and attacks a person causing injury? That you took reasonable care to prevent your dog from biting. In other words, a Florida dog owner may be held liable if his or her dog bites someone, even if the owner had no prior knowledge or warning that the dog might bite. In other words, a dog owner may be prosecuted if the pet attacks someone on an owned property, including the pub area and backyard. Well, at times, this trait of protection backfires by biting someone. Q524: What happens if my pet dog bites an intruder in my house? Basic Law: “My dog has never bitten anyone in the past. He is therefore ideally placed to advise on what to do if you are bitten by a dog … Thus, it is crucial for all dog owners to comprehend the dog bite laws of the place where they reside. If a dog has bitten you while on someone else’s property, or a dog has bitten someone on your property, it’s essential to hire a lawyer to represent your case, and determine what your rights are in the situation. For example: The dog had bitten or attacked someone and the landlord was aware of the attack. (Full Guide) For Newbie, Are Sunflower Seeds Bad for Dogs? Learn the steps you should take if this happens on your property. However, if you are not home and your dog attacks, it is unlikely that you would be liable for the attack. You have legal options if your neighbor’s dog attacks or bites you. 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