Dog bites are devastating incidents, both physically and psychologically. The physical trauma from a dog bite can result in serious injuries and permanent scarring or disfigurement. The psychological trauma can last a lifetime. A young child bitten by a dog may fear them for the rest of their lives, limiting their activities and affecting their friendships.
Our dog bite law firm can help you receive the maximum compensation for your injuries or those of your child. Do not hesitate to pursue a claim because you know the owner. This is a sensitive matter, but it is the owner’s insurance company who pays the compensation. By filing a claim, your actions may prevent someone else from suffering.
The Doctrine of Scienter
The legal term Scienter refers to “actual knowledge.” When applied to canines, it is often known as the one-bite rule. If the dog has never bitten before– the owner is not liable because they didn’t know the animal was dangerous. In other words, a dog gets one opportunity to bite without liability.
However, if the dog has a documented history of biting, the doctrine does not apply. It also doesn’t apply if the dog has been known to behave aggressively, even if it technically did not bite someone. The owner can still be liable for failing to control their animal.
Negligence is often a factor in dog bite claims. For example, if the owner was not obeying leash laws and the dog was loose at the time it bit. The same holds if the owner did not close a gate, thus allowing the animal to escape or keeps the dog within an enclosure that is easily breached.
What to do after a dog bite
Report the attack to the police and the local animal control agency. The latter is responsible for investigating. Always seek medical attention, even if the wound appears minor. A bite can inject harmful germs into the body.
Identifying the dog owner is paramount. You cannot file a claim if this person is not located. If the dog was loose, describe it to the police and animal control. Include the dog’s colour, potential breed, markings, size, and coat length. If possible, take a photo of the animal, as well as your injuries.
Contact our Preszler team of Courtenay dog bite lawyers
If you or a family member have been bitten, contact a Courtenay personal injury lawyer at our firm. To arrange a free consultation, call us 24/7 or contact us online. For more than 50 years, we have been dedicated to representing victims of negligence. As we work on a contingency basis, there is never a fee unless we win.