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Dog attacks represent some of the most gruesome personal injuries that are suffered, particularly where a child is involved (as is often the case). During 2001, at least 27 people died as the result of dog bite attacks. Of 27 human dog bite related fatalities (DBRF), 19 (70%) were children (1 was 30 days old, 3 were between 7 and 11 months old, 9 were between 1 and 4 years old, and 6 were between 5 and 11 years old), and 8 were adults (ages 17, 44, 64, 70, 73, 75, 75, and 87). It is important to teach children to be safe around dogs to prevent these catastrophic events from occurring. Many states have a strict liability dog bite statute that states that the owner of a dog is liable for damages inflicted by his/her dog if it bites a person who is either in a public place or lawfully on the dog owner's property (invitee or guest). In these states, the dog owner is liable regardless of whether the dog had ever been vicious before and regardless of whether the owner had reason to believe it would behave in a vicious manner. In other words, the dog does not get "one free bite". The only defenses to the strict liability statutes generally arise where the injured party provoked the dog, or where the injured person is a child of the dog's owner and resides in the family home. In essence, in many states the dog's owner is an insurer of the dog. In addition, the old common law approach is also available for injured plaintiffs. Under the traditional approach, if the owner knows or has reason to know of the dog's violent propensities, the owner of the dog is liable for damages caused by the dog. This old common law applies in most states. If a stray bites you, you normally have little legal recourse because you must file your claim against a dog's owner or keeper. In most states, your municipality is not responsible for the dog, even if you have called the animal warden several times to pick up the stray. In all dog bite cases it is essential that measures be taken promptly to preserve evidence, investigate the incident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires. |