Man’s best friend or your worst nightmare? Dogs can be cute and cuddly, but we often forget that they are descended from wolves. Sometimes, without proper training or guidance, this instinctive ferociousness can reappear, leading to you or your child being injured. If something like this has happened to you or someone you love, you may be asking if you can sue for a dog bite. The answer is yes, and at Tehrani Law Group, we believe that negligent pet owners should be held responsible.
We have received millions in settlements and verdict awards for our clients, including a $300,000 dog bite settlement. With help from a Connecticut dog bite lawyer, you may be qualified to receive compensation for medical expenses, trauma, and other losses you have experienced. With the aggressive but approachable legal representation we are known for, our lawyer can help you pursue justice for your injuries.
Pursuing a Lawsuit After an Animal Attack
At the very basis of any personal injury case is one person being injured due to another’s negligence. The same can be said for lawsuits after animal attacks. If a neighbor is careless about training their animal and does not keep it from hurting others, they may be held accountable through a personal injury lawsuit. Owners are responsible not just for dog bites, however. The law states that the owner or responsible keeper is responsible for any damage caused by a dog to a person or their property.
The Connecticut legal system follows strict liability for their dog, meaning that owners of the animal are responsible for any harm that it causes, even if this is the first time the dog has shown any aggression.
Some states let owners off with a pass for the first time their dog bites, but this is not the case in our state. The victim of a dog bite or animal attack does not need proof that the owner was negligent in ignoring the dog’s past behavior. One bite or any action that causes harm is enough to sue for a dog bite.
Exceptions That Could Keep You From Suing for a Dog Bite
While a dog owner in Connecticut is typically held strictly liable for any injuries their dog inflicts, there are a few important exceptions that could prevent you from suing for damages. These defenses are based on the injured person’s actions and are designed to protect owners from liability in situations where the victim was at fault.
The main exceptions are:
- Trespassing: The owner is not liable if the injured person was trespassing on their property at the time of the incident. In a legal context, trespassing means more than just being on the property without an invitation, generally indicating a more serious act, such as an unlawful entry with malicious intent. For example, a delivery person or a child retrieving a ball from a yard would not be considered a trespasser.
- Provocation: The owner is also not liable if the injured person was teasing, tormenting, or abusing the dog, which incited the animal to bite. This defense requires the owner to prove that the victim’s actions directly caused the dog to react aggressively. What constitutes provocation can be a complex legal question and is evaluated on a case-by-case basis.
These Exceptions Usually Don’t Apply When the Victim Is a Child
Generally, these exceptions do not apply to young children. Connecticut law presumes that a child under the age of seven is not capable of trespassing or provoking a dog. This places a much higher burden of proof on the dog owner if they try to use one of these defenses against a child’s injury claim.
In any other situation where a person is injured by an animal, the owner or “keeper” of the dog can be held liable for any resulting damages, including medical expenses, lost wages, and pain and suffering.
Showing Owner Liability in a Connecticut Dog Bite Case
In Connecticut, dog owners are responsible for the harm their animal causes, regardless of whether they were negligent or had prior knowledge of the dog’s aggressive behavior. To successfully pursue a claim, you do not need to prove the owner was careless or had prior knowledge of the dog’s aggressive tendencies. Instead, the focus is on establishing the following key elements:
- Identity of the Owner: You must prove the identity of the person who owns or keeps the dog.
- Causation: You must prove that the dog was the direct cause of your injuries.
- Damages: You must prove that your injuries have resulted in actual harm and financial losses, such as medical bills, lost wages, and pain and suffering.
Strict liability law applies to bites but also to any other harm the dog inflicts. For example, if a dog knocks you over, causing a broken bone, the owner can be held liable for the resulting medical expenses and other losses. This law provides injured persons with a more direct path to seeking compensation, as they do not have to prove the owner’s failure to train the animal or keep it from hurting others. It places the responsibility squarely on the dog’s owner or keeper.
How to Establish Liability in a Dog Bite Case
You can establish these facts with evidence such as medical records, photographs or videos of the incident, official dog bite reports, and witness statements.
Keep in mind that a dog owner may try to defend themselves by arguing that you were trespassing or provoking the dog before the incident. Consulting with an experienced Connecticut dog bite lawyer may help you build a strong case and seek the compensation you deserve.
Who Can Be Held Responsible for a Dog Bite in Connecticut?
Under Connecticut Legislation, the owner or keeper of a dog is responsible for their animal’s actions and any harm they might inflict on others.
The term owner is relatively self-explanatory, but keeper can mean a few things. A keeper applies to someone who is not the legal owner but has control of the animal and has taken on the responsibilities typically associated with an owner, such as feeding, sheltering, and caring for the dog. This could apply to anyone who is taking on these responsibilities, even if temporarily, like in the case of a dog sitter or dog walker.
If the dog’s owner is a minor, their parent or guardian is liable for any damages the dog causes. In some cases, a person other than the dog’s owner or keeper can be held liable, such as a property owner or landlord who knew a tenant’s dog was dangerous and failed to protect others. If you are not quite sure who could be held liable for your injuries, connect with a dog bite lawyer to determine what your next steps should be.
Common Injuries and Complications After a Dog Bite or Animal Attack
Different types of dog bites can cause different injuries and complications, from minor scrapes to severe, life-altering conditions. The damage depends on factors like the dog’s size, the force of its bite, the location of the injury, and the victim’s age and health. Common injuries can include:
- Puncture Wounds and Lacerations: Dog teeth can create deep puncture wounds and jagged, tearing cuts (lacerations). Punctures can be deceptively dangerous as they may not bleed much on the surface but can push bacteria deep into the tissue, increasing the risk of serious infection.
- Crush Injuries: Large dogs can exert immense jaw pressure, causing crushing injuries to muscles, tendons, ligaments, and even bones. This can lead to fractures and permanent loss of function.
- Avulsion Injuries: In severe cases, a dog attack can result in an “avulsion,” where skin, muscle, or other tissue is torn completely away from the body.
- Nerve Damage: The force of a bite can damage nerves, leading to long-term or permanent numbness, tingling, and a loss of sensation or motor function in the affected area.
The Risk of Infection After a Dog Bite
A dog’s saliva is full of bacteria, causing any bite that is strong enough to break the skin to be potentially infectious. These infections can be localized or spread throughout the body, leading to severe complications.
Common infections include cellulitis, rabies, tetanus, or sepsis. Infections can be more common in elderly persons or young children, who could be more susceptible to bites in the first place.
The Long-Term Complications of Dog Attack Injuries
Beyond the immediate injuries, a dog bite can result in lasting physical and emotional consequences. Many dog bite victims are left with life-long scars, particularly if the bite occurred on the face, hands, or arms. In some cases, extensive scarring may require multiple reconstructive or plastic surgeries to recover.
A dog attack can be a horrific and traumatic event, especially in children. Victims often suffer from long-term emotional and psychological damage, including post-traumatic stress disorder (PTSD), anxiety, depression, and the development of a severe fear of dogs, which is called cynophobia.
What Kind of Damages May I Get in My Dog Bite Case?
Receiving compensation after a dog bite can be a complicated process, with the amount of money a person can receive depending heavily on the specific circumstances of their case. The goal of a personal injury claim is to provide financial recovery for all the damages an individual has suffered. Compensation is generally categorized into economic and non-economic damages, covering both tangible financial losses and the subjective impact of the injury.
Economic Damages in a Dog Bite Case
Economic damages are tangible expenses that can be precisely calculated. They include all current and future medical costs, from emergency room visits to long-term physical therapy and medication. Victims can also seek compensation for lost wages due to time off work and for the loss of future earning capacity if their injuries prevent them from returning to their job or earning the same income.
Non-Economic Damages in a Dog Bite Case
Non-economic damages attempt to compensate for the less tangible impacts of the attack. These losses include compensation for the physical pain and suffering endured, as well as the emotional distress, such as anxiety, fear, or psychological trauma.
In addition, an injured person can receive compensation for permanent disfigurement or scarring and for the loss of enjoyment of life, which accounts for their inability to participate in activities they once enjoyed. Injury victims should beware of a quick settlement offer from an insurance company. Instead, consulting with a dog bite attorney is recommended, as they will be able to value the full past, present, and future of your case.
How Long Do I Have to File My Dog Bite Case?
Generally, injury victims have two years from the date they sustained their injuries to sue for their dog bite. Failing to meet this deadline, known as the statute of limitations, will almost certainly result in your case being dismissed, regardless of how strong your claim is.
However, there are important exceptions to this rule, particularly when the victim is a minor. If the person who was bitten was under the age of 18 at the time of the incident, the two-year clock does not start until they turn 18. This effectively extends the deadline, giving a minor until their 20th birthday to file a lawsuit.
It is always in your best interest to consult with a lawyer as soon as possible after a dog bite. Building a strong case takes time. Evidence, such as medical records, witness statements, and photographs, can be more easily collected and preserved closer to the date of the incident. Waiting too long can make it challenging to gather the necessary proof and could jeopardize your ability to recover the compensation you deserve.
Contact a Connecticut Dog Bite Attorney
An unexpected dog bite can have serious repercussions, but you need a dog bite lawyer who has the results to back up their claims. At the Therani Law Group, we have the experience you need to navigate the legal process of suing for a dog bite. You should not have to go it alone, especially when the dog’s owner is a friend or family member.
If you have been injured, we invite you to contact our Connecticut office today for a free legal consultation to discuss your case. We are committed to helping you understand your legal options and will aggressively pursue the compensation you deserve.