Every dog owner is liable for the injuries their animal might cause. As a dog bite victim, you should know the right steps to take and the potential defenses you might go up against. Such knowledge will strengthen your claim or lawsuit and increase your odds of success.

Steps to Take

How you handle your dog-bite accident has long-term consequences for your medical treatment and liability claim. Here are a few crucial steps to ensure you succeed with both processes.

Identify the Animal and Its Owner

The identification is necessary for two main reasons. First, the identifications will help you know if the animal has the necessary vaccinations so that you can get the right medical treatment. Secondly, the identifications help you identify the liable party who should compensate for your damages.

You shouldn’t have any problems with the identifications if the bite occurred in a residential place. Complications arise if the bite occurred in a public place and the animal was loose. Another complicated case is if a group of animals attacked you.

Do your best to get the name, address, and contact information of the animal's owner. If you can't do that, note the description of the dog, the breed, any identifying marks, and the location of the attack. Those details will help the authorities track down the animal and its owner.

Preserve Evidence

Like in any other accident, do your best to preserve as much evidence as possible. Keep any torn clothing, take pictures of the bite marks, and take pictures of the dog if possible. You should also get the contact information of anyone who might have witnessed the attack. The evidence will help you identify the offending dog and prove your claim.

Seek Medical Care

Prompt medical care is necessary for two main reasons. First, prompt medical care helps you lessen the potential complications of a dog bite. You may suffer complications such as nerve damage, infections, and scarring and disfigurement if you don't treat your dog bite injury promptly.

Secondly, prompt medical care proves to the dog owner and the authorities that you did your part to take care of the damage. The law requires all injury victims to take the necessary steps to mitigate their losses even as the victims await compensation.

Report the Attack

You also need to report the attack to the relevant authorities. Report the attack to the animal authorities as well as the police. The reports will act as evidence of your injury and claim. The reports will also help the authorities take the necessary steps so that the animal doesn't attack other people.

Potential Defenses

Dog owners have a variety of defenses they can use when their animals bite. Below are some of the defenses that might work in Pennsylvania or New Jersey.

Provocation

You provoke a dog if you do anything that the dog thinks of as a threat; dogs can easily attack if threatened. For example, if you try to pet a dog with a bone or toy in their mouth, the dog might think you want to take away something that belongs to them and attack you. The dog owner may escape liability for the attack if they can prove you provoked the animal.

Trespassing

A dog owner is also not liable for your injuries if you were trespassing at the time of the attack. For example, if you jump over someone's fence and their dog attacks you, the homeowner is not liable for your damages.

Statute of Limitations

The statute of limitations is the period within which you must file a personal injury case or lose your rights to do so. In Pennsylvania or New Jersey, the statute of limitations for a dog bite is two years. Therefore, the judge is likely to toss out your dog bite case if you file it three years after the incident.

Clearfield & Associates has a wealth of experience in personal injury cases. Contact us for a free initial consultation so that we can advise and help you recover your damages.