“Beware of Dog” signs are commonly used by owners who want to reduce their liability if their dog bites someone on their property, but it’s not a magic protectant. Sometimes even the most gentle of dogs can feel threatened and react the only way they naturally know how – by biting. But if the dog that bit you showed warning signs that you ignored, can you still hold the owner liable for injuries caused by their pet?
Regardless of how non-threatening Fido looks, it’s up to you to be cautious and approach the dog carefully if you don’t know him and he doesn’t know you. This rule applies to any animal with teeth. It’s a natural instinct for all animals to protect themselves when they consider themselves to be threatened, and this can be a visible threat or a perceived threat that you may not even recognize.
Legal liability for a dog bite depends on a few factors. Did the dog feel threatened because you provoked it? Did the homeowner take precautions to prevent dog attacks if their dog was aggressive? Did the dog have dangerous propensities in the first place? Were you trespassing or invited onto the property?
All of these factors and more go into determining liability in a dog bite case. To ensure that you are not at fault in the event of a dog bite, pay attention to the warning signs that many dogs give. These are possible indications that the dog is feeling threatened and you should get out of reach quickly and calmly.
Warning Signs a Dog May be About to Bite
In most circumstances, a dog does not bite you aggressively for no reason and without warning. Watch for these 6 signs that the dog you are near is feeling threatened and you may be in danger:
1. Watch their face. When a dog is comfortable, they can look you in the eye, play, or relax. But when they are feeling anxious, they will avoid eye contact. They also may start to yawn or lick their lips. These small signs can indicate that the dog is not comfortable around you and, if they are stuck in your vicinity, they may move from anxious to threatened.
2. Listen carefully. We all know that “low growl” fear when an unknown dog isn’t sure about something. When it’s directed at you, especially if it is combined with those sharp bared teeth, the dog is telling you to back off quickly. They feel threatened, and if you are the threat, you are very likely in danger of being bitten.
3. The tail wag does not always mean you are friends. Contrary to popular belief, just because a dog wags its tail at you, it does not mean it likes you. In fact, it can be a sign of aggression. If the dog’s tail is raised high and wagging slowly, it is thinking strongly about how to get out of a situation in which it feels nervous. That way out may involve an attack.
4. Attack positioning is easily seen. When an animal gets in attack pose, it’s pretty easy to see it happening. For dogs, this pose consists of a tight, rigid body with stiff muscles. You’ll likely see their ears at full mast as they are trying to hear any threats, their tail will be raised, and they will be standing very still. They’re in fight or flight mode, and if they choose to fight, you may be in trouble.
5. Their hackles are raised. A quick gauge as to the anxiety and aggression level of a dog can be viewed simply by looking at the fur on them. If it is raised on the back of their neck or their back, you should leave their vicinity as you may be the perceived threat.
6. Look into their eyes. Looking in an animal’s eyes is often taken as a threat, but in this case, if you think they may be uncomfortable and ready to bite, a final way to check is to see if the whites of their eyes are visible. In general, you can’t see these whites in a dog’s eyes, but if you do, it’s an obvious sign that they feel threatened and you need to head out.
Understandably, not all dogs display all of these (or any) signs before they bite their victim. But if you can recognize the indications, you may be able to avoid the injury and stress that comes with a dog bite.
Yet just because the dog displayed warning signs before biting you and you did not take heed, the owner is still not completely absolved from liability. The best way to know if you have a case is to look for dog bite attorneys in your area and find a knowledgeable lawyer who has experience in these lawsuits.
What to Do if You Were Bitten by a Dog
Before the attorneys sort out the legalities, you need to take action to protect your health immediately after a dog bite. It’s likely that you are both physically and emotionally injured since dog bites can be scary and your adrenaline is spiked. Be sure that you follow these few steps after a dog bites to ensure you have covered all of your bases:
- Get medical help quickly. Don’t put it off because of concerns about medical expenses. Get to a doctor or hospital as soon as possible. Dog bites, even those that seem minor, can result in infection or further damage you can’t see. Be sure you know what bit you, if possible because they will ask you so that they can treat you more thoroughly. If the owners are not up-to-date on their dog’s shots, you may have to have different medical treatment.
- Gather information. Write down the owner’s information, the type of dog that bit you, the circumstances surrounding the event, and any possible witnesses to the attack. Be sure to get their phone numbers and addresses, in case they change phone numbers before you need their side of the story. Find out the owner’s insurance information, too. The insurance company may cover your medical expenses, at the minimum. Your lawyer can help you with this if the owner refuses to give you the information or the insurance denies coverage.
- Follow the doctor’s orders. Even after you leave the hospital or doctor’s office, you must still continue to treat your injury. Take all medication as directed, clean the wound and change the bandages if you are told to do so, and follow up with your doctor. Keep an eye out for any changes in the bite that look like it may be worsening and see your doctor sooner if necessary.
When Can a Homeowner Be Held Liable for a Dog Bite?
After you have taken care of your medical issues, it’s time to speak with an attorney so your previous and future expenses are taken care of and you can focus on recovering from your injuries. Your lawyer will take into consideration the factors mentioned earlier regarding provocation, prevention, and dangerous propensities, but will need to get the whole picture to determine if there is anything to justify a lawsuit.
In general, homeowners can be held liable for their dog’s injuries to another person when:
- The victim was not a trespasser. An invited guest is entitled to a different standard of care from the owner than a trespasser is. A trespasser has unlawfully entered the property and therefore is entitled to a lower standard of care, in most states, than another person who has a legitimate reason for being on the property. If you were trespassing, you may be entitled to liability, but it will have to be determined by your attorney.
- The dog was determined to have a dangerous propensity to attack. Even in the case of trespassers, the homeowner can be held strictly liable for injuries to the victim if they knew their dog was highly dangerous and their dog injured someone, even if they took reasonable precautions to prevent the attack. However, with certain precautions, this liability can be reduced or absolved.
- When the dog attacked without provocation. If the owner can prove that you provoked the dog into attacking, they may not be liable for your injuries. If your behaviour did something to the dog to make it feel threatened and react aggressively, even if you did not intentionally cause the action, it may be considered your fault and therefore the owner is not responsible for your injuries.
While other circumstances can absolve or allow for the owner’s liability, these are the main situations in which the owner is generally held legally responsible for their dog’s actions.
Dog Bites 101 – Always Check With a Lawyer First
There are minor dog bites in which the biggest injury comes from the shock and surprise to the victim and owner, but then there are more severe cases in which the victim is injured and afraid.
Dog bite lawsuits are more common than you might think. Always check with a lawyer to see if you have a legal ability to file a claim against the dog’s owners to cover your expenses and get compensation to help you on the road to recovery.
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