We’re Here to Help You!Massachusetts Dog Bite Attorneys
If You’ve Been Attacked by an Animal, Contact The Law Office of Matthew M. Foti.Proving a Dog Bite Claim – Strict Liability
What is Strict Liability? Strict liability is a theory that imposes legal responsibility for damages or injuries even if the person who was found strictly liable did not act with fault or negligence. This theory usually applies in three types of situations: animal bites (in certain states), manufacturing defects, and abnormally dangerous activities.
In order to receive compensation for a personal injury claim in a dog bite case, you must prove:
- The identity of the owner or keeper of the dog;
- That the dog did damage to your body or property; and
- That, at the time such damage was sustained, you were not committing a trespass or other tort, or were teasing or tormenting or abusing the dog.
Bites: Puncture and tear wounds caused by dog bites can cause permanent damage to the skin resulting in scarring. It is not uncommon for the victim to lose fingers or sustain bites to the hands while trying to protect themselves from the dog bite attack. It is important to seek treatment immediately after being bitten so the puncture wounds do not become infected and lead to more significant health complications. Seeking immediate help can also result in less of a chance of permanent scarring.
Scarring: The majority of dog bites can lead to permanent scarring. The face and hands are the most common attacked part of the body. If the bites are significant enough cosmetic surgery might need to be utilized. In most cases scarring can be a reminder of the attack and permanently effect the victim.
Other Physical Injury: The injuries most commonly result from being knocked over by the dog or while in the course of fleeing from the dog being pulled or knocked down. These injuries consist of broken or fractured bones, head injuries ranging from a small bump to a serious brain injury.
Emotional Injury: After a dog bite attack many people suffer from emotional injuries. These emotional injuries can last days, months, years and in many cases can be permanent. Examples of emotional injuries consist of PTSD (post-traumatic stress disorder), flashbacks of the attack, and fear of dogs.
Death: A 2018 report issued by DogsBite.org shows that over 35 dog breeds contributed to 433 deaths in a 13-year period. Pit bulls contributed to 66% of these deaths, followed by rottweilers with 10%.
- Call emergency medical professionals;
- Go to the hospital or your primary care physician and seek treatment for your injuries;
- Get tests to determine if you need a rabies shot;
- Get the name and address of the dog’s owner or keeper;If the attack happened in an apartment or condo complex, get the name of management.
- Take photographs of your injuries; and
- Get the name and address of any witnesses