,

Dog Bite Laws: What You Should Know

You are also responsible for them and their actions. So when it comes to a dog bite, what do you know about the law?

You are also responsible for them and their actions. So when it comes to a dog bite, what do you know about the law?Having a puppy is a lot of fun and a lot of work. You have to feed them and bathe them, clean up after them, make sure they go out and get walked, and if you are a good dog owner, you play with them. You are also responsible for them and their actions. So when it comes to a dog bite, what do you know about the law?

Dog bites happen often and more often than not to children. In fact, over 4.5 million people get bit, every year. When do dog bites become an issue for you as an owner? Well, the laws vary from state to state, but in most cases, the victim is entitled to recovering damages if the following can be proven:

  • The dog was not leashed and roaming freely outside of the owner’s home or property.
  • The dog has a history of biting, even one time previously, and the owner is aware of it.
  • The dog owner is negligent of his/her responsibilities and does not keep a knowingly vicious dog away from other people. This is true if the dog is in the care of another person, not the owner, that is aware of the dog’s nature.

What You Need To Know

A bite from your dog could result in a lawsuit. Victims are allowed to open personal injury cases when they’ve been bitten or attacked by a dog. You could be held accountable for injury expenses including medical and other losses. You will also have to cover any legal expenses accrued from the lawsuit. Because dog bite laws vary from state-to-state, make sure you are updated on the laws in your location. Be responsible for your pet and be proactive. This could save someone from getting injured by your pet, and it could save you a lot of time and money.

First Bite Laws

The first bite law is a pretty basic law that most states follow. Basically, if your dog hasn’t bitten before and does not have a vicious or violent history, then you will not be liable for damages sustained by the dog. This law could be disputed if the dog owner had any idea that the dog could become vicious or attack a person.

Taking Precaution As A Dog Owner

As a dog owner, it is your responsibility to take the proper precautions necessary to decrease the risk of dog bites. There are several things you can do to keep your dog under control and away from any situations that could result in a bite or attack.

  1. Always keep your dog on a leash if you have him in public. It should not matter if you are in an area that allows dogs to roam freely. This is your responsibility. At home, make sure your fencing will hold the dog in and that there are no problems with the latches, door, or other parts of the fencing.
  2. If your dog has an aggressive personality, keep him away from other people and out of public. It would be a good idea to get aggressive dogs into a training program where they can learn appropriate behavior.
  3. Warn visitors that you have an aggressive dog. Even if you have him locked up in another room. Put up signs at your property so that people understand your dogs’ behavior and that they need to proceed with caution.

If your dog does cause a situation and bites or attacks another person, contact the professionals at the offices of Tourtlotte Law. We can help you determine your personal situation and your rights. We will work hard to help determine the nature of the problem and to get you through any lawsuit against you.

, ,

Personal Injury Lawsuit: Proving Your Side

personal injury law firm billings

personal injury law firm billingsA common question asked by personal injury clients is “Does filing a personal injury lawsuit require me to go to trial?”

More than likely not. Although there is the possibility that a trial will take place, more than 95% of personal injury lawsuits settle without a trial. A settlement doesn’t always happen the same way. Sometimes a settlement will happen during meditation, or even right after a lawsuit is filed. But sometimes a settlement won’t occur until just before trial or after a plaintiff has given his disposition. It isn’t necessary to stress about having to go through a grueling trial, but be aware that it could happen.

If a lawsuit actually does go to trial, the plaintiff/victim will need to provide a burden of proof in order to win the lawsuit. What is a burden of proof? In criminal cases, it basically means that you have to prove your case beyond a reasonable doubt. This is a more difficult thing to prove than civil personal injury lawsuits where the plaintiff/victim only needs to prove that they are more than likely right – over 50%.

When a lawsuit goes to trial, both the plaintiff and the defendant are even on a judicial scale. During the trial, the evidence is brought out to help prove each sides case. The evidence isn’t always a physical piece of evidence like photos or documents. Evidence can also be witness and expert testimonies, or plaintiff/defendant testimonials. The evidence is meant to help the arguments of either side and encourage the jurors to side with them.

The justice scale is tipped each time evidence is shown during the trial. The scale tips in the plaintiff/defendant’s favor more as he/she provides more evidence. However, some evidence is much stronger than others and really have more of an effect on the scale of justice. So, the scale isn’t necessarily going to tip in each parties favor as they present evidence. If the plaintiff provided very strong evidence that tipped the scale in his direction, the opposing party would have to present evidence of a much stronger nature to tip the scale back to their side. The winner of the trial is the party that has provided stronger evidence and ends the trial with the scale tipped more in their favor.

This type of scenario is common in lawsuits that are trying to prove negligence on the defendant’s part. This happens in auto accidents, bicycle accidents, and other similar types of accidents. Some personal injury lawsuits begin with the defendant already presumably at fault. In these types of cases, the plaintiff has no need to provide a burden of proof. He/she only needs to prove damages made to them.

Personal injury lawsuits should not be handled on your own. It is extremely important to consult with personal injury attorneys’ that know the laws regarding different types of personal injury lawsuits and what you will need to prove to win. Having a consultation with a personal injury attorney can make the difference between winning a lawsuit and failing to provide enough evidence to prove your case and losing.

In Billings Montana, reach out to the professionals at Tourtlotte Law Firm. Our team is experienced and ready to help you win your case!