Phenix City Dog Bite Lawyer

Helping Victims Get Compensation for Their Injuries

Around 66 percent of households in the United States have at least one dog, and the state of Alabama has the 11th highest rate of dog ownership in the country. These animals can run the gamut from pampered pets that live in city apartments to free-range country dogs that are meant to protect the home and drive away other animals. Dogs provide companionship and protection, but they’re also a liability in some cases. Many owners falsely believe that their dogs are always friendly or would never bite anyone, but anything with teeth can bite and will bite if the circumstances are right. If you’ve been injured after a dog attack, you need to know what Alabama law has to say about owner liability and what your rights are to seek compensation.

After a dog bite, victims can face large medical bills, extensive recovery times, and significant pain and suffering. As a premier personal injury law firm in Phenix City, Bence Law Firm, LLC, is here to represent you and help you get compensation for your injuries and other damages.

What Is an Owner’s Responsibility to Control Their Dog?

AL Code § 3-6 governs the liability of owners when a dog bites or otherwise causes injury to another person. It outlines that a dog owner is liable for a victim’s dog bite injuries as long as the bite happened without provocation and the victim had a legal right to be on the person’s property. For example, if someone is trying to break into a house and they get bit by a dog, there wouldn’t be liability on the part of the owner because the victim was there illegally. However, if the person was there to deliver packages or mail, this would be a legal reason to be there, and the owner could be held liable for the injuries.

Under What Circumstances Can Someone File a Personal Injury Claim for a Dog Bite?

A victim can file a personal injury claim for a dog bite when they have suffered damages due to the bite as long as they weren’t provoking it. In most instances, the dog owners were negligent in some way, but if it’s the dog’s first bite, this isn’t necessary to prove for strict liability. The examples above covered what can happen on a person’s private property, and this extends to a bite that happens after the victim has been chased away from that property. For example, if the mail carrier was chased off of a person’s property by the dog and then bitten somewhere else, the owner can still be held liable.

However, bites that happen in public places, such as the park, are slightly different. These cases generally hinge on showing that the owner was negligent in some way in keeping control of their dog. Alabama law requires that all dogs be confined “to the limits of the [owner’s] own premises” or where the dog is “regularly kept.” Cities and counties often also have local leash laws or other guidelines on how owners are to ensure that their dogs are under their control at all times. If an owner is in violation of one of these laws, it can be considered negligence and provide a path for pursuing a personal injury claim.

Does the Dog Have to Have a History of Aggression?

Some states operate under what is known as the “one-bite rule.” Simply put, this means that owners can’t be held liable for the first time their dog bites someone if they had no other indication that the dog was aggressive or dangerous. However, Alabama uses a modified version of this rule. Dog owners can be held liable if it is the first time the dog has bitten someone and there were no other indications of viciousness — but only under strict liability. This means that the victim can only pursue economic damages, such as payment for medical expenses and treatment, but any damages for emotional trauma or pain and suffering do not apply.

However, if the owner did have a reasonable indication that the dog was aggressive, posed a danger to others, or had bitten or attempted to bite someone before, full liability applies.

Proving Previously Aggressive Behavior

In many cases, owners will try to lower their liability by claiming that they had no knowledge that the dog was aggressive. And because the burden of proof lies with the plaintiff, who is likely to have little to no knowledge of the dog’s prior behavior, it can be challenging to prove that the owner knew the dog was a danger prior to the attack.

Keep in mind that a dog doesn’t have to have bitten someone before to be considered aggressive. Other behaviors that could help you prove that the owner should have known the dog was dangerous include:

• Snapping or lunging toward a person
• Chasing people, dogs, or vehicles in a manner that shows guarding or aggressive behavior
• Jumping up on or knocking people down

An attorney can help you determine what evidence is available to prove that these behaviors existed prior to the attack. This may include witness statements from friends, family members, or neighbors of the owner, vet records, or previous complaints about the dog to animal control.

Understanding Claims of Provocation

It’s important to note that the Alabama statute governing dog bites specifically outlines that owners are not responsible for injuries or damages if the victim was provoking the dog. Expectedly, owners often claim that the victim provoked the dog or otherwise caused it to bite to avoid liability. Some examples of behavior that could be considered provocation include:

• Taunting the dog, such as running back and forth in front of it or barking or growling at it
• Physically touching the dog, such as pulling its tail or ears
• Hitting the dog, whether with an object or a bare hand
• Running toward the dog in a threatening manner
• Trying to take the dog’s food away while it’s eating
• Not paying attention to the dog’s warning signs, such as growling or baring its teeth
• Attempting to handle or get close to a dog that is injured

However, some of these behaviors may also be part of the victim’s self-defense if the dog was coming toward them. For example, someone who has a dangerous dog charging toward them may strike the dog or yell at it to try to get it to go away. If the dog’s owner is claiming that you provoked it, talk to your attorney about what happened and how you can prove that it wasn’t provocation.

What Kind of Compensation Can You Expect in a Personal Injury Case for a Dog Bite?

Dog bite victims in Alabama are able to pursue compensation from the dog’s owners for economic losses. In general, this will include lost wages if you had to stay home from work to recover and any medical expenses related to the incident. It’s not uncommon for dog bites to result in extensive damage, requiring multiple surgeries and reconstruction to fix, and victims can face tens of thousands of dollars in medical bills.

If the owner had prior knowledge that the dog was dangerous and was negligent in taking steps to secure the animal, the victims may also be able to sue for emotional trauma and pain and suffering. Dog bite victims can experience post-traumatic stress disorder and anxiety and feel depressed about being limited in their activities or dealing with extensive scarring or disfigurement. It’s important that you understand that these are real damages and that you may be entitled to compensation for them.

In some cases, the owner’s homeowners insurance company may be responsible for paying out for damages if dog bites are covered under their policy. In other situations, the owners themselves may be financially liable. Talk with an experienced dog bite attorney to find out what happens when an insurance company is involved and how you may be able to settle out of court.

What Steps Should You Take After You’ve Been Bitten?

After a dog bite happens, there are specific steps you need to take to ensure that you receive proper medical treatment and that you have the necessary documentation in place to pursue a claim later on.

See a Doctor

First and foremost, you need to seek medical attention. Dog bites often involve deep puncture wounds and tears to the muscles and skin and can easily become infected. You may need to be admitted to the hospital for observation, and surgery may be required. If the dog’s rabies status is unknown, you may also need to take prophylactic medication to lower your risk of contracting the disease.

Ensure that you understand exactly what the doctor recommends as far as follow-up care and treatment and that you adhere strictly to their advice. If you pursue a personal injury claim, you will need to be able to show that you took the bite seriously and followed your doctor’s recommendations for recovery.

Report the Dog and Owner

Report the dog bite to the police and animal control. There needs to be a record of the bite, and this will start an investigation, which may uncover whether the dog has a history of aggressive behavior or is up to date on its vaccinations.

Reach Out to a Personal Injury Law Firm

Personal injury attorneys who are experienced in dog bite cases can provide important guidance in the days and weeks after a dog bites. A personal injury lawyer can start the legal process of pursuing a personal injury settlement if you decide to move forward. They can also handle important details like talking to insurance companies and making sure that your claim is filed within the statute of limitations, which is two years for dog bites in Alabama.

Dog bites can happen in a matter of seconds, and it’s often when you’re going about your normal routine, such as delivering a package for your job or taking a walk in your neighborhood. If you were attacked by a dog, talk to our personal injury attorney at Bence Law Firm, LLC. You can reach our Phenix City office at 334-489-1951 to schedule a free consultation where we can review your case and discuss your rights and options.