A dog bite is a serious and often distressing incident that can result in both physical and emotional trauma. Whether the dog belongs to a neighbor, friend, or even a stranger, it’s essential to know the steps you should take, your legal rights, and the medical care you will need following a dog bite.
Dog bite laws vary by state, but in general, dog bite responsibility lies with the pet owner for the injuries caused to others, especially if they were negligent in controlling their pet. An experienced dog bite attorney can provide you with the strongest legal representation you need to recover compensation for your injuries and losses.
What to Do Immediately After a Dog Bite Incident
Here are the key steps you should take when bitten by a dog:
- Ensure Your Safety: Remain calm, move away from the dog, and make sure you’re in a safe location. If the dog is still aggressive, try to get to a secure place, such as a car or building.
- Identify the Dog and Its Owner: Get the contact information of the dog’s owner and identify the dog’s breed and vaccination status. Knowing whether the dog is up-to-date on rabies vaccinations is essential for your health and potential legal purposes.
- Document the Incident: Record as much information as possible. Take photographs of the wound, the scene of the attack, and any visible injuries. Collect contact details of any witnesses who saw the attack occur, as their testimony may be important in establishing liability later on.
- Get Prompt Medical Attention: Even if the injury seems minor, you should seek medical care as soon as possible. Dog bites can lead to infections, rabies, or other serious conditions, so a doctor will assess the wound and recommend necessary treatment, such as antibiotics, tetanus shots, or rabies vaccinations.
- File a Report: Report the dog bite to the local animal control agency or law enforcement authorities. In some jurisdictions, the dog may need to be quarantined, and animal control can document the incident, which can be helpful in future legal proceedings.
- Get Legal Representation: Consultation with an experienced dog bite advocate early in the process can help protect your legal rights. A lawyer can guide you through the steps to pursue compensation, investigate the circumstances of the attack, and work to hold the responsible party accountable for your injuries.
Importance of Seeking Timely Medical Attention
Even if the injury seems minor, there are several reasons why you should see a doctor as soon as possible after a dog bite:
- Infection Risk: Dog bites can introduce harmful bacteria into the body, leading to infections such as tetanus, rabies, or cellulitis. Rabies, in particular, is a severe concern, as it can be fatal if not treated immediately.
- Wound Care: Proper cleaning and treatment of the wound can prevent further complications. A doctor will thoroughly clean the wound, possibly administer stitches if necessary, and provide medications to reduce the risk of infection.
- Tetanus and Rabies Shots: If the dog was not up-to-date on its vaccinations or the bite from certain breeds in extreme cases was particularly severe, your doctor may administer a tetanus shot or a rabies vaccination as a precaution.
- Emotional Trauma: A dog bite can be traumatic, and the emotional effects of the attack should not be underestimated. If you experience anxiety, fear of dogs, or other psychological symptoms, mental health support is important for your recovery.
- Long-Term Effects: Some dog bites, particularly those to the face or hands, can result in permanent scarring, nerve damage, or loss of function. It’s essential to get a comprehensive evaluation to ensure any potential long-term effects are identified and treated.
Legal Implications
Each state has its own laws governing dog bites, but most states adhere to one of three general dog bite liability standards, which becomes the basis for an injured victim’s legal action for dog bites:
- Strict Liability: Under strict liability laws, a dog owner is responsible for injuries caused by their dog, regardless of whether the dog had a history of aggression or whether the owner was negligent. The injured party does not need to prove the dog was dangerous or that the owner was at fault.
- Negligence: In some states, dog owners are only liable for animal bites if they were negligent in controlling their dog. For instance, if a dog has a history of aggression and the owner fails to take steps to prevent an attack, the injured party may be able to prove negligence.
- One-Bite Rule: Some states follow the “one-bite” rule, which means that a dog owner isn’t held liable for a first bite unless the dog has a known history of aggression. However, once the dog has bitten someone, the animal owner may be held liable for subsequent attacks.
Whether you have been bitten by a dog considered dangerous or other dogs, you may be entitled to compensation for your injuries, including medical expenses, lost wages, pain and suffering, and emotional distress.
Dog Bite Laws in Illinois
In Illinois, the law holds dog owners strictly liable for injuries caused by their dogs, regardless of the dog’s prior behavior or whether the owner knew the dog was dangerous.
Strict Liability in Illinois
Under 510 ILCS 5/16, if a dog bites a person while the person is on public property or lawfully on private property, the owner can be held financially responsible for medical expenses, lost wages, pain, and suffering. This strict liability applies even if the dog has never bitten anyone before.
One Bite Rule in Illinois
Dog bite laws in Illinois also include a “one-bite rule” exception for certain cases. It means that if the pet has a history of dog fights or dog attacks or is deemed a dangerous dog (such as a pit bull), the owner can face higher damages.
Dog Bite Laws in Other States
California
California follows a strict liability rule under Civil Code Section 3342. Dog owners are liable for any injuries caused by their dog biting someone, regardless of whether the dog has previously shown dangerous behavior. However, if the injured party was trespassing or provoking the dog, the owner may have a valid defense.
Florida
Florida’s dog bite laws are primarily governed by Florida Statutes Section 767.04. Florida also operates under a strict liability rule. Dog owners are responsible for any injuries caused by their dog biting someone, regardless of whether the dog’s history includes incidents of aggression. However, if the injured person was trespassing or provoking the dog, the owner may not be held liable.
Georgia
Georgia operates under the one-bite rule for dog bites. The owner can be held liable only if the dog has previously shown dangerous or aggressive behavior. Under O.C.G.A. § 51-2-7, if the owner knew or should have known the dog was dangerous and failed to take proper precautions, they may be held responsible for injuries caused by a bite.
Kentucky
Kentucky also follows a one-bite rule, with the dog owner only liable if the dog has shown a history of aggressive behavior. Under KRS 258.235, the owner must take reasonable steps to prevent their dog from injuring others. Kentucky law also allows for claims if the victim was lawfully on the premises at the time of the attack.
Mississippi
Mississippi follows the one-bite rule, meaning that a dog owner can only be held liable if the dog has previously bitten someone or shown aggressive tendencies. However, Mississippi Code Section 95-5-10 allows for a claim if the dog was known to be dangerous and the owner failed to take reasonable steps to prevent an attack.
New York
New York has a strict liability law under Section 121 of the Agriculture and Markets Law. Dog owners are responsible for injuries caused by their dogs biting someone, even if the dog has never shown signs of aggression before. However, New York law provides exceptions if the victim was trespassing or provoking the dog at the time of the attack.
North Carolina
North Carolina operates under the one-bite rule, which holds dog owners liable only if they knew or should have known that the dog had aggressive tendencies. North Carolina local laws allow dog bite victims to file a lawsuit if the dog has a history of attacks, under N.C. Gen. Stat. § 67-4.4.
Wisconsin
Wisconsin follows a strict liability rule for dog bites. Under Wisconsin Statutes Section 174.02, dog owners are liable for injuries caused by their dog, regardless of whether the dog has a history of aggression. However, Wisconsin law provides an exception if the victim was provoked or trespassing when bitten.
Get Our Dedicated Dog Bite Lawyers on Your Side
If you have been bitten by a dog, you need experienced legal representation on your side. Dogbitelaws.com is here to help. With a nationwide focus on dog bite injury claims, our award-winning attorney, Michael Agruss, has an exemplary record of settlement and verdicts.Recognized by Super Lawyers as a Rising Star (2016-2017) and a Super Lawyer (2019-2023), our attorneys are passionate, client-focused, and determined to fight for the largest possible compensation for your injuries and losses. To schedule your free consultation, call 866 K9-BITES (866-592-4837) or contact us online.
