April 28, 2021
We love our furry four-legged friends and they love us back, but sometimes they don’t love other people. And often, it’s only natural. Dogs feel a lot of the same things that we do like trauma, sadness, and fear. If a dog has gone through a traumatic experience like having been hurt by the hands of another human, some dogs will retain many of those same feelings and they will develop instinctual reactions towards certain people or unique circumstances.
Usually, this results in dog bites, that when a dog feels threatened, it will instinctively react by biting the person it perceives as a threat whether or not it was their actual intention to threaten it. It’s usually an innocent reaction that most owners would prefer people treat with compassion, but for the person who was bitten by the dog, compassion is the last thing they want to give. Dog bites like any kind of major laceration is an unwelcome, invasive disfigurement of the body that can also get infected if not treated. Like any other personal injury, the injured deserve compensation for their damages.
One Bite: The One Bite rule is an arguably archaic rule that while it has been mildly updated over time it still has the look of something that needs to be heavily adjusted or done away with altogether. That’s because the One Bite rule has the interesting distinction of allowing a dog to commit one bite before the owner faces liability for damages. While only a few states still make judgments examining this rule, nowadays, the focus is on whether or not the owner knew the dog would bite people. Things like its breed or its history would be taken into examination. If the dog has a history of being aggressive, this would be taken into account as well.
Strict Liability: Strict liability in any facet of personal injury refers to the notion that a defendant is liable for an injury regardless of whether he or she could have done anything to prevent the accident. With this rule, what the owner didn’t know about the dog and its history is of no value to the case, say for instance, if it had a history of being abused resulting in it being hostile on occasion. As mentioned before, owners would want the injured to look upon this with compassion, but this can’t be done. If the injured individual wasn’t trespassing or did not provoke the dog, then the owner is still liable regardless of what could’ve been done.