How Can You Hold a Dog Owner Liable for Injuries Caused by Their Pet?
Dog bites can be traumatic and result in serious physical and emotional injuries. If you or a loved one has suffered from a dog bite injury, it’s important to understand how you can hold a dog owner accountable.
Dog owners are responsible for their pets' behavior, and the law in Oklahoma provides a way to hold them liable for injuries caused by their pets.
At The Handley Law Center, we know that these incidents can have long-lasting consequences for victims. If you’re dealing with a dog bite injury, you have the right to pursue a legal claim against the dog owner. Contact your Oklahoma personal injury attorney for more information.
Let’s explore the circumstances under which dog owners are held responsible for dog bites and injuries, and the legal steps that can be taken to seek compensation for damages.
Dog Owner Liability Under Oklahoma Law
In Oklahoma, a dog owner can be held liable for injuries caused by their dog if certain conditions are met. Oklahoma law allows for both strict liability and negligence claims when it comes to dog bites.
Strict liability applies in cases where a dog bite occurs, and the victim was lawfully on the property. This means that the dog owner is held accountable for the bite regardless of whether they knew the dog was dangerous or had previous aggressive behavior.
On the other hand, negligence may also play a role in dog bite cases. If the owner failed to properly restrain their dog, failed to warn others of the dog’s potential danger, or allowed the dog to roam unsupervised, they could be deemed negligent.
Before pursuing a dog bite claim, it’s important to understand both of these aspects of liability and how they apply to your case.
Strict liability: The dog owner is liable for the bite, regardless of the dog's history or breed.
Negligence: If the dog owner failed to follow proper care procedures, such as securing the dog or warning others about its dangerous nature, they may be liable.
Both forms of liability provide a strong foundation for holding a dog owner accountable for injuries caused by their pet. Understanding the difference can help you decide the best approach for seeking compensation.
The Dog’s History and Behavior
In Oklahoma, the history and behavior of the dog are important factors when determining liability for dog bite injuries. If the dog has a history of aggression or biting incidents, it increases the likelihood that the owner will be held liable. It’s crucial to document any previous incidents involving the dog to strengthen your case.
If the dog has bitten others before, or if the dog is known to be aggressive, the owner should have taken steps to prevent future attacks. Failure to do so can result in liability.
Previous bites: If the dog has a history of biting, the owner may be found liable for failing to take proper precautions.
Aggressive behavior: Dogs known to be aggressive must be properly restrained or controlled by the owner.
Breed considerations: While certain breeds are often considered more aggressive, the owner’s responsibility lies in how they manage the dog, not in the breed itself.
The more evidence you can gather regarding the dog’s past behavior, the stronger your case for liability. In some cases, if the dog has bitten other individuals, it can serve as proof of the owner's negligence or failure to act responsibly.
Defining Lawful Presence and Trespassing
When filing a dog bite claim, one important consideration is whether the victim was lawfully on the property where the bite occurred. Oklahoma law typically holds dog owners liable for bites that happen when a person is legally on their property, such as on public sidewalks or in other locations where individuals have a right to be.
If the victim was trespassing at the time of the bite, the dog owner’s liability may be limited. However, Oklahoma law does allow for claims in certain cases of trespassing if the owner knew their dog was dangerous or if they failed to take precautions to prevent the dog from causing harm.
Lawful presence: Dog owners are usually responsible if the victim was on the property legally.
Trespassing considerations: If the victim was trespassing, liability may be more difficult to prove, but exceptions may apply.
Unprovoked attacks: Even if the person was trespassing, unprovoked dog bites may still lead to liability.
It’s essential to examine whether the dog bite occurred while the victim was lawfully on the property, as this will play a major role in determining the dog owner’s liability.
What to Do After a Dog Bite Injury
If you or a loved one has been bitten by a dog, taking the right steps immediately after the injury can help protect your health and your legal rights. Here are the essential actions to take after a dog bite:
Seek immediate medical attention: Even if the bite seems minor, it’s important to get checked by a doctor to prevent infection and other complications.
Document the injury: Take photographs of the bite and any visible wounds. This documentation can serve as vital evidence in your claim.
Gather information about the dog: If possible, obtain the dog’s history, including the owner's name, contact details, and any previous incidents involving the dog.
Report the incident: Report the dog bite to local authorities, which can help with the investigation and potentially prevent future attacks.
Taking these steps will not only help make sure your health and well-being but will also help gather the evidence necessary for a strong case against the dog owner. These initial steps can make a big difference when seeking compensation for your injuries and holding the dog owner accountable for their pet’s actions.
How to Prove Negligence in Dog Bite Cases
When pursuing a dog bite claim based on negligence, you’ll need to prove that the dog owner failed to take reasonable steps to prevent the attack.
In Oklahoma, negligence claims are often based on a few key factors, including whether the owner knew about the dog’s dangerous behavior and whether they took the necessary precautions to keep others safe.
Some common forms of negligence in dog bite cases include:
Failure to leash the dog: Not properly restraining a dog in public can be a form of negligence.
Failure to warn others: If the dog has a known history of aggression, the owner must warn others about the potential danger.
Failure to contain the dog: Allowing the dog to roam unsupervised or escape from the yard could be considered negligent.
If you can show that the dog owner failed to take these precautions and that their actions contributed to the dog bite, you may have a strong case for compensation. Proving negligence is often critical in dog bite cases, as it can be the deciding factor in winning a claim for damages.
Contact Us Today
If you’ve been injured by a dog bite, don’t wait to take action. At The Handley Law Center, we’re committed to helping victims in Canadian County, Oklahoma, and throughout the state, including Custer County, Blaine County, Kingfisher County, and Caddo County. If you’re ready to discuss your case, reach out to us today for a free consultation.