Dog bites are serious, and in some cases, they can have deadly consequences. If you or a loved one was attacked by a dog, you need to act now to get fair compensation for your injuries. Contact a New Orleans dog bite attorney from Wright Gray Law Firm today.
New Orleans Dog Bite Guide
Dog Bite Injury Claims
A dog can be your best friend. But when a dog bites, the resulting injuries can be serious and lead to life-threatening complications. If you or a family member suffered injuries from a dog bite in the Crescent City, you need a New Orleans dog bite lawyer on your side.
Every dog bite case is different and can vary in severity. When a dog attacks, an individual's injuries can be minor or severe, resulting in a complex medical situation. However, many people don't consider seeking legal counsel from a dog bite injury lawyer for their claims.
If you've been bitten by a dog and sought medical treatment, you may be entitled to file a personal injury claim against the owner of the dog or their insurance company if the accident was caused by the dog owner's negligence. A dog bite attorney from Wright Gray Law Firm can help you with the details of your case. Personal injury attorneys will seek information that will help them determine the viability of the case.
It can be difficult to recover compensation through a dog bite claim, but a personal injury lawyer at Wright Gray Law Firm is ready and willing to fight for you. You deserve fair compensation for your dog bite injuries, and we're determined to help you get it.
Determining Liability in Dog Bite Claims
Louisiana law allows dog bite victims to hold dog owners responsible if the dog has a history of aggressive behavior. This one-bite rule allows dogs one "free" bite before the dog owner is held liable for their pet's actions. But, in some cases, it may be possible to hold the dog's owner liable by proving the owner was negligent at the time their dog attacked the victim.
Liability involves identifying the person or organization responsible for the injuries in question. An experienced dog bite attorney will seek to prove liability by reviewing the details of the dog bite attack to determine who was at fault when the dog bite injury occurred. This determination also helps a personal injury lawyer determine what legal options dog bite victims may have when it comes to their physical injuries.
In any injury case, liability refers to an individual or organization having a duty of care to another person or organization. Most individuals who are bitten by a dog will seek to prove liability by showing that the dog's owner was negligent in their duty to provide reasonable care. For a lawsuit based on negligence to end in the injured person's favor, a few conditions must be satisfied. To prove negligence, therefore, a person must show:
- The owner had a duty to take reasonable care to control the dog's behavior
- The owner lapsed in their duty of care and
- This lapse (or incidents associated with it) led to the injury
Depending on the locale, judges and juries may look at other incidents surrounding the injury to see if there was something that the owner could have done to prevent it. If the owner could have expected the particular situation to arise, they should have taken care to prevent it.
What Constitutes Reasonable Care?
The care that an owner dedicates to their animal to ensure they won't injure someone may be seen in how the owner keeps their pet. Some of the more common ways a dog owner can ensure they are taking reasonable care to protect others from harm include:
- Signs, Chains, and Fences: Even a simple sign such as a "Beware of Dog" plate would be enough to show that the owner has not neglected their duty of care.
- The Dog's History: If the dog has a history of training and being obedient, this may help establish what the court sees as reasonable. If the dog has a history of aggressive behavior toward passersby, then the court may find an owner negligent for letting their dog roam free.
- The Dog's Breed: Some courts consider the dog's breed as a significant element in determining what is reasonable. Some dog breeds are known to be more aggressive than others.
- Owner's Violation: If the bite was a result of the negligent party violating the law, the owner may be held liable for the dog's behavior.
Who can be Liable When a Dog Bites?
In most dog bite cases, the pet owner is responsible for the injuries caused by the actions of their dog. But there are some situations where another persona may be held liable, such as:
- Someone other than the dog's owner was keeping the dog
- The dog was in the possession of a professional dog caretaker, such as a dog walker, groomer, kennel operator, veterinary technician, or shelter employee
- The dog owner’s landlord, if the landlord knew the dog on the premises was dangerous but didn’t take measures to protect others on the owner's property from harm
Strict Liability Statute
New Orleans dog bite law doesn't necessarily require you to sue the liable parties for negligence. Instead, strict liability laws allow an injured party to bring a case against negligent parties for any unprovoked dog bite injuries. While you can still seek to prove negligence for a settlement, strict liability cases have a much lower burden of proof and may be the better option for places like Louisiana. It is important to note that this bite statute doesn't apply if the injured individual provoked the dog in question. At that point, the owner is not liable for damages at all.
Dog Bite Injuries
If someone is involved in an animal attack, they should seek medical attention right away. Bite victims may need to be rushed to emergency rooms depending on the severity of the injuries they sustain. Dogs can be vicious animals, and their bites can lead to several types of injury, including puncture wounds, nerve damage, infections, and other problems. Severe injuries may also result from tearing from the bite. Depending on what part of the body has been bitten, the injuries may be dire and require surgery to fix.
Determining the level of the dog bite injury is important to any personal injury lawsuit. The compensation that a bite injury lawyer will seek may be based on the damages that resulted from the incident. Financial compensation will take into account the damages, as well as the medical bills associated with the incident. Making a compensation claim will also require documentation from medical care and possibly a police report, if one was made. If a dog bite victim requires ongoing treatment for injuries, then the owner may be required to pay for the extent of that care.
Financial losses in terms of being unable to work may also factor into the consideration for fair compensation in a dog attack. If the incident goes to court, and the court finds the owner responsible, they may also levy punitive damages to make an example of the owner. These economic damages may seek to right the wrongs of the liable parties.
A dog bite is a traumatic experience and while the physical injury is visible, the mental impact of a dog attack isn't immediately apparent. Thousands of people who suffer from dog bites may end up with conditions such as Post-Traumatic Stress Disorder (PTSD) when it comes to these animals. Emotional distress from these attacks can lead to a long-term fear of dogs.
Dog bites are not a common occurrence, but they can change a person's life forever because of the fallout. It is important to remember that these injuries don't just leave physical impairment behind as a reminder of their occurrence. Your lawyer will seek compensation on your behalf for all damages you suffered from your dog bite.
What Compensation is Available for Dog Bite Victims?
Victims of dog bite attacks may receive compensation for injuries and other damages, such as:
- Medical bills for mediation, treatments, surgeries, physical therapy, and other medical expenses
- Lost wages or earnings
- Property damage
- Emotional pain and trauma
- Pain and suffering
- Scarring and disfigurement
- Loss of companionship
Meet with a New Orleans Dog Bite Attorney
Get in touch with a New Orleans dog bite lawyer with Wright Gray Law Firm today to get started on your case. Call us at 504-500-0000 or complete the online contact form at the bottom of this page.
Getting a Lawyer Is Not the Same as Taking Someone to Court
A personal injury law firm is responsible for representing your interests in this difficult time, but contracting one isn't the same as taking someone to court. While legal action may result from your dog bite claim, most personal injury claims settle out of court. An experienced dog bite lawyer can handle negotiations with the negligent party. Often, the other party may rely on their insurance company to handle the details of the case through their homeowner's policy. In such a situation, your attorney will collect all the legal resources you need to show that the other party is at fault. This might include gathering expert witnesses or witness statements from those who were present when the dog attack occurred. The aim is always to hold the negligent parties accountable for their actions.
Get in touch with a New Orleans dog bite lawyer today to get started on your case. Call us at 504-500-0000 or complete the online contact form.
Contact Our New Orleans Dog Bite Attorney Today
Choosing the right lawyer for your legal guidance is not a matter of trial and error. The personal injury lawyers at Wright Gray Law Firm have decades of combined experience helping injury victims recover compensation in their time of need. We can help you with your dog bite claim and represent you in court if your case becomes a dog bite lawsuit. Contact a dog attack lawyer at Wright Gray Law Firm today and let's discuss your legal options.
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201 St Charles Ave Suite 2710
New Orleans, LA 70170
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