While you might view dog bites and attacks as rare occurrences that result in minor injuries, our Mississippi personal injury lawyers recognize that canine attacks all too frequently cause disfiguring injuries. Because dog bites often result in severe physical injury, families can struggle with significant financial hardships that might include loss of income, costly medical bills, counseling expenses, and other expenses. In this two-installment blog, our Mississippi dog bite accident attorneys answer common questions about dog bite injury claims.
Are dog bite incidents common enough that I need to worry about my right to compensation?
The Centers for Disease Control (CDC) estimates that over 4.5 million people suffer dog bite injuries in a typical year. The CDC also reports that approximately one out of every five of these bite incidents are serious enough that the victim must obtain medical treatment. During a recent one-year period, 27,000 people in the U.S. were forced to undergo reconstructive surgery because of a dog bite. Approximately 1,008 people per day visit emergency rooms across the U.S. because of dog bite injuries.
Does the severity of a typical dog bite claim justify retaining an attorney and pursuing a legal claim?
During a recent one-year period, 27,000 people in the U.S. were forced to undergo reconstructive surgery because of a dog bite. From a claims perspective, the American Information Institute reports that dog bites constitute a third or all homeowner’s insurance liability claims. These claims amount to approximately $530 million in payouts with the average payout exceeding $32,000. Further, the amount paid out on dog bite claims appears to be on the rise. During a recent one-year period, State Farm Insurance paid out $109 million in claims which exceeded payouts the prior year by over seventeen percent.
Are dog owners strictly liable for the injuries their dogs inflict?
While many states impose strict liability on dog owner for “bites” or “injuries” caused by a canine, Mississippi is a “one bite” jurisdiction. This term is a misnomer to some extent because it does not predicate the liability of an owner on a dog’s “bite” history. Rather, this rule imposes liability on a dog owner who knows or should reasonably know that his or her dog might bite if the owner fails to exercise appropriate precautions. The rationale behind this liability rule is that a dog that has exhibited prior aggressive behavior will do so again in the future. If the dog has not previously physically attacked, mauled, or bitten a person, a careful investigation and artful advocacy often will be needed to prove the dog owner had the requisite knowledge of the dog’s vicious tendencies.
Evidence that we might use to establish the liability of the owner could include some or all of the following:
- Tendency to lung, attack, threaten, or bark at people
- Prior complaints about the dog
- Dog’s breed
- Prior fight training
- Muzzling of dog
- Growling and snarling at people approaching the dog
- Displaying aggressive behavior toward other animals
Even if the dog owner does not possess the requisite knowledge that his or her dog poses a danger to the public, there might be other applicable theories of liability such as negligence of the dog owner or strict liability based on a violation of a leash law or related ordinance.
Our Mississippi Dog Bite Attorneys analyze situations to determine the tactics an insurance company or dog owner will use to avoid taking responsibility for irresponsible canine ownership. At Barrett Law, we are here to help. Contact our law firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.
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