Dog Bite Accident Lawsuits
According to the Restatement of Torts, "every dog gets one bite." However, a much more useful standard to
for assessing liability in dog bite accident lawsuits is found in state personal injury laws. In general, if
a reasonable prudent owner of pet knows, or should know, that the pet creates a unreasonable risk of harm or
injury to others, then the owner should be held liable for actual harm caused. Past behavior is but one
basis upon which liability can arise. The nature of the breed, obvious aggressive behavior, complaints from
third parties, and many other indications may be considered by the courts.
Personal Injury Law - Dog Bite Accident Lawsuits:
When considering any dog bite accident lawsuit, state personal injury law and practices generally determine which causes of
action create liability, what damages are recoverable, and how to recover the award of a judgment. Less
frequently, federal law preempts state law and requires claims to be filed in the federal court or
administrative processes, or alternatively, may permit an election of either state or federal law. In all
cases, settlement of dog bite accident lawsuit before trial is encouraged by the court system as a matter of judicial
economy. Settlement of dog bite accident lawsuit is voluntary, and offers several distinct advantages over trial. These
advantages include the elimination of risk, a guaranteed recovery of a known amount, and the reduction of
time, attorney fees, and costs required to collect amounts owed. The primary disadvantage of settling a
damage claim is economic - plaintiffs may recover far more if the court or a jury assesses damage amounts.
Interpretation of Laws:
The application of personal injury laws is an organic process, based upon facts which are unique to each claim. Statutes,
case law, and rules of court all influence the success or failure of each case. Lawyers who specialize in
dog bite accident lawsuits for plaintiffs tend to be creative in expansive interpretation of both liability and damages
sustained. Likewise, defense attorneys and claims adjusters are equally creative in influencing settlement
for less than the true trial value when the claimant is not represented. See also: Dog Bite Accident Lawsuits - How to
Find a Lawyer, Laws, & Lawyer Searches.
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