Dog bite incidents can lead to severe physical and emotional trauma for victims, often requiring medical treatment, time off work, and sometimes even long-term rehabilitation. If you are the victim of a dog bite, you may be entitled to compensation for your injuries. However, dog owners frequently use various defenses to avoid liability. Understanding these defenses and how a dog bite injury lawyer can counter them is crucial when pursuing a claim.
In this blog, we will discuss the common defenses dog owners use in dog bite cases and explain how a personal injury attorney can help you fight these defenses and secure fair compensation.
Common Defenses Used by Dog Owners in Dog Bite Cases
While Arizona law holds dog owners strictly liable for dog bites under most circumstances, they can still attempt to use several defenses to avoid paying compensation. Here are the most common defenses and how an attorney can address them:
1. The Victim Provoked the Dog
One of the most common defenses dog owners use is claiming that the victim provoked the dog in some way. This defense suggests that the victim’s actions—such as teasing, taunting, or threatening the dog—led to the attack. If the victim was provoking the dog, the owner may argue, they are not liable for the injury.
How Attorneys Counter This Defense
In order to successfully use this defense, the dog owner must provide evidence that the victim was actively provoking the dog. If there is no concrete evidence to back up this claim—such as eyewitness testimony or clear signs of provocation—this defense may not be effective. A dog bite injury lawyer can investigate the situation thoroughly to determine if the victim’s actions truly led to the attack. The lawyer will also work to gather witness statements or any available video footage to refute the claim of provocation.
Additionally, even if the victim provoked the dog, Arizona’s strict liability laws may still hold the owner responsible if the attack occurred while the victim was lawfully on the property or not engaging in unlawful conduct.
2. The Dog Was on Its Property and the Victim Was Trespassing
Another defense used by dog owners is that the dog was on its property when it bit the victim, and the victim was trespassing. In these cases, the owner may claim that they are not responsible because the victim was not lawfully on the property at the time of the incident.
How Attorneys Counter This Defense
A personal injury attorney will investigate the circumstances of the bite to determine whether the victim was indeed trespassing. Arizona law limits the liability of dog owners when the victim is unlawfully on their property, but if the victim was there for legitimate reasons (e.g., visiting a neighbor or delivering a package), they are entitled to compensation for their injuries.
Even in cases where trespassing occurred, the dog’s aggressive behavior might still be taken into account. If the dog was known to have been dangerous or the owner failed to secure the dog properly, an attorney may argue that the owner was negligent in preventing the dog from causing harm.
3. The Dog Had No History of Aggression
Many dog owners will claim that their dog had no previous history of aggression, and therefore, the attack was an isolated incident that they couldn’t have predicted. In some cases, the owner may argue that the dog was friendly and posed no threat to others before the attack.
How Attorneys Counter This Defense
In Arizona, dog owners can still be held strictly liable for dog bites even if the dog has no prior history of aggression. Arizona’s strict liability law doesn’t require that the dog has a history of biting or aggressive behavior to hold the owner responsible. A dog bite attorney will work to show that the dog’s behavior—regardless of its past actions—was dangerous in the context of the situation.
Furthermore, the attorney will investigate whether the dog had previously shown signs of aggression that were ignored by the owner. If the owner failed to take reasonable steps to control the dog, even if it had no prior history of aggression, the attorney can argue that the owner was still negligent in managing the dog.
4. The Dog Was Defending Its Owner or Territory
Some dog owners argue that the dog was simply defending itself, its owner, or its territory when the bite occurred. In these cases, the owner may claim that the victim was a threat to the dog or its property, and the dog was acting out of instinct to protect itself.
How Attorneys Counter This Defense
While dogs may sometimes act defensively, it doesn’t necessarily excuse an attack. A dog bite injury lawyer can examine the situation to determine if the victim posed a legitimate threat to the dog. Arizona’s strict liability laws still hold owners accountable, even if the dog was defending itself. If the victim wasn’t posing a legitimate threat, the lawyer can argue that the dog’s response was unreasonable or unjustified, and the owner should still be held responsible.
How a Dog Bite Injury Lawyer Can Help
If you’ve been bitten by a dog in Scottsdale, AZ, working with a personal injury attorney is crucial to ensure that you are fully compensated for your injuries. A dog bite attorney can help in the following ways:
1. Investigating the Incident Thoroughly
A skilled attorney will investigate the details of the dog bite incident to determine whether any defenses are applicable. They will gather evidence, such as witness statements, medical records, and photographs of the injuries, to build a strong case.
2. Fighting Back Against Defenses
A dog bite injury lawyer will prepare a strategic response to any defense the dog owner presents. They will gather the evidence needed to show that the dog owner is liable for the attack and will work to ensure that the victim’s rights are protected.
3. Pursuing Full Compensation
If you are the victim of a dog bite, a lawyer will ensure that you are fully compensated for medical bills, lost wages, pain and suffering, and other damages. They will negotiate with the dog owner’s insurance company and pursue legal action if necessary to secure a fair settlement or court award.
Contact a Dog Bite Injury Lawyer Today
If you have been bitten by a dog in Scottsdale, AZ, and are dealing with the aftermath of a dog bite injury, don’t hesitate to contact a reliable law firm to help you navigate the claims process. A personal injury attorney can guide you through the steps necessary to pursue compensation for your injuries and ensure that your rights are protected.
Contact Folger Law Firm today to discuss your case with a dog bite injury lawyer who can help you secure the compensation you deserve.
