This blog post is the second installment of our two-part blog post that addresses typical questions our personal injury law firm receives about legal claims for dog bite injuries. While we have attempted to answer frequent questions, the best way to obtain information about your unique circumstances is to speak to an experienced Mississippi dog bite lawyer.
What do I need to know about the Mississippi dog bite statute?
Unlike the majority of states, Mississippi does not have a dog bite statute. The State of Mississippi has delegated the issue of control of dangerous animals to municipalities. A common law legal claim may be brought based on the “one bite rule” or other applicable theories of liability.
Does the type of dog owned by a person increase the risk of a serious dog mauling?
While any dog can cause severe injuries, certain breeds statistically account for the vast majority of fatal dog mauling incidents. For example, Pit Bulls caused 82 percent of fatal dog bites in 2015 despite severe regulations and bans involving this breed of dog in over 700 cities across the country and military housing. Rottweilers accounted for the second most common breed involved in fatal dog attack incidents during the same period.
Are particular groups of people more likely to be the victim of a dog bite?
The CDC estimates that fifty percent of children 12 and under experience injuries caused by a dog bite. Further, children age 14 and under account for 48 percent of fatal dog attack victims. Other groups frequently exposed to injury in dog bite incidents include the elderly, meter readers, mail delivery carriers, and other home service providers. For example, 5,600 U.S. Postal Service carriers experience a dog bite in a typical year.
What legal deadlines apply to dog attack injury claims in Mississippi?
The statute of limitations is a legal deadline that requires an injury victim to file a lawsuit within a certain period to avoid having their claim permanently barred. While there can be subtle issues that complicate this situation, the general rule is that a plaintiff must file a dog bite claim within three years of the incident that caused the injury. This deadline applies whether the injury was caused by a bite or in another way such as knocking over a bicyclist. If you delay in seeking legal advice, and you file your lawsuit after the statute of limitations has “run” (expired), the dog owner and his or her insurance company will ask the court to dismiss the lawsuit. Typically, the request will be granted, except in rare circumstances when the time is “tolled” (paused).
What defense strategies might a dog owner and his or her insurance company use when I file my lawsuit?
While the specific defense strategies the insurance company might employ depend on the specific facts and circumstances, some approaches our Jackson, MI personal injury lawyers frequently encounter include the following:
- Trespassing by the victim (not necessarily a viable defense if the injury victim is a child)
- Provoking and teasing the dog
- Unreasonable carelessness of the dog bite victim
- Violation of the law at the time of the injury (e.g. police dog attacking fleeing suspect)
- Lack of knowledge of viciousness of dog
- Trivializing or disputing the injuries suffered by the victim
Our Mississippi dog attack lawyers analyze situations to determine the tactics an insurance company or dog owner will use to avoid taking responsibility for irresponsible canine ownership.
If you are in a Mississippi dog bite incident, our Mississippi Personal Injury Lawyer successfully represented many animal attack victims. At Barrett Law, we are here to help. Contact our firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.