New Orleans Dog Bite Lawyer

Determining Liability

Liability looks at which person or organization was responsible for the injuries in question. Personal injury attorneys will need to determine who was at fault when the injury occurred, requiring them to delve into the occurrences that led up to the bite injury. This determination also helps personal injury lawyers determine what legal options a person may have when it comes to their physical injury.

In any injury case, liability refers to an individual or organization having a duty of care to another person or organization. Most individuals who get 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 to show that the owner has taken care with the dog 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 being obedient, this may affect what the court sees as reasonable. If the dog has a history of aggressive behavior to passers-by, then the liable parties may be 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.
• 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.

Strict Liability Statute

New Orleans doesn’t necessarily require you to sue the liable parties for negligence. Instead, the 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 would need to 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, 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 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 person 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. If the incident goes to court, and they find 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 this 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. Bite attacks 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.