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Types of Dog Bite and How to Prove Liability | Dakota Low

The Different Types of Dog Bites and How to Prove Liability

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A total of about 800,00 people are treated for dog bite injuries each year. Hundreds of humans have also perished as a result of dog bites and related injuries across the United States. Dog bites cause approximately 1,000 individuals to visit the emergency department every day.

If you or a loved one has been bitten by a dog, you need to know what to do next, as it could damage your ability to recover the full amount of compensation you deserve. We’ll go over all you need to know about putting together a strong personal injury case in the sections below.

What to Do If You’ve Been Attacked By A Dog

When a dog attacks you, the first thing you should think about is your safety. It is advised that you do everything possible to get away from the dog and to a safe location.

Call 911 and advise the dispatcher of the nature of the accident and the injuries received once the dog has been controlled or you have broken free and are safely in a secured area. Request medical aid and let the dispatcher know if the dog is leashed or on the loose. In the worst-case scenario, the operator may call for an ambulance or, in the worst-case scenario, the police and local animal control.

After the paramedics have taken care of you, go to your primary care doctor, an urgent care center, or a local emergency department for immediate medical attention.

If you haven’t already done so, notify animal control and report the accident. Contact with the dog owner will be handled by the investigators, who will require information such as confirmation of current rabies vaccination and other health issues.

Animal Control has the authority to do the following after contacting the animal control officers:

Types of Dog Bite and How to Prove Liability | Dakota Low
  • Have the owner muzzle, restrict, or put the dog on a leash the dog.
  • Request a rabies and other virus test for the dog.
  • Issue citations and fines to the dog owner.
  • Take the dog away for testing purposes.
  • Following a dog bite, it’s critical to gather the following information:
  • Obtain the contact information for the dog’s owner.
  • Take pictures of everything
  • Collect testimony from eyewitnesses
  • Take copious notes.

In a dog bite case, proving liability might be challenging.

It can be difficult to establish culpability in a situation like this. Dog bite cases are handled differently in different states, counties, towns, and even public housing organizations.

To improve your chances, you must first grasp the concepts of dog bite liability and carelessness. Whether you reside in a one-bite or strict liability state, liability refers to who has duty.

On the other side, negligence occurs when the dog owner’s acts or inactions are proven to be the cause of the dog bite accident.

The Rule of One Bite

Some states in the country have adopted the one-bite rule, which offers a pass to the dog owner, especially if the owner had no reason to believe the dog would attack someone. This regulation does not apply, however, if the owner is shown to be negligent.

Strict Liability Insurance

When a dog attacks someone, the owner is always held liable under the strict responsibility rule. However, if it is proven that the person was trespassing or purposefully provoked the dog, the blame may transfer to the victim.

Dog Bite Laws in Oklahoma

In Oklahoma, dog bite victims are not required to prove negligence or intent in order to establish legal culpability. Oklahoma is a statutory strict liability state when it comes to dog bites. As previously indicated, Oklahoma does not recognize the “one bite” rule. In Oklahoma, dog owners are totally accountable for any injuries caused by their pets. The following are the dog bite laws in Oklahoma:

When a dog bites or injures a person while that person is in or on a location where he has a lawful right to be, the owner or owners of that dog are liable for damages up to the full amount of any damages caused.

Okla. Stat., tit. 4, § 42.1

Types of Dog Bite and How to Prove Liability | Dakota Low

Even for dogs who have never been known to be dangerous, demonstrate a single hint of hostility, or bark excessively, dog owners in Oklahoma are nevertheless liable for medical bills and other damages caused by a dog bite. In most cases, home owner’s insurance in Oklahoma is responsible for settling injury claims resulting from dog attacks. Unless the victim was purposefully and repeatedly provoking the dog, dog owners in Oklahoma are normally equally accountable for dog attacks on private property for invited guests and public property.

Negligence Elements

To persuade the insurance company, insurance adjuster, or court that the dog owner is really accountable for the accident, four components of carelessness must be established. These elements are as follows:

  • Duty of care — the dog owner had a responsibility to keep the dog from injuring others.
  • Breach of duty — the dog owner’s failure to behave in a certain way to keep the dog from attacking.
  • Cause – that the dog owner’s acts or inactions caused your injuries
  • Damages — that the attack resulted in verifiable injuries.

The Law Office of Dakota C. Low is the experienced Dog Bite Injury Victim’s Counsel in Oklahoma.

When a dog attacks and injures you, you may suffer serious injuries, large medical bills, and other losses. The Law Office of Dakota Low has the knowledge and experience to help you navigate the complicated world of dog bite insurance claims in Oklahoma. Contact Dakota Low today for a free case review and consultation at 405.601.8899 or use our contact form.

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