Layton Dog Bite Attorney
Dogs are one of the most popular pets in America, but it’s vital for everyone to recognize the reality and severity of dog bite injuries. It’s also wise to know how to handle a dog bite injury, should one occur. After suffering a dog bite in Utah, a victim may face substantial medical expenses, and may not be able to work for some time. Depending on the nature of the dog bite, the victim may be able to secure compensation for his or her losses through a dog bite personal injury lawsuit. To discuss an animal attack injury with an experienced Layton dog bite attorney, contact Feller & Wendt, LLC.
Liability for Dog Bites in Utah
Any dog bite case will lean heavily on the legal concept of negligence, which describes one party’s failure to meet an acceptable and reasonable duty of care in a given situation. For example, drivers have a duty of care on the road to obey traffic laws and operate their vehicles safely. Dog owners have a duty of care to prevent their pets from injuring other people. Utah follows a strict liability rule when it comes to dog bite injuries, meaning a dog’s owner is entirely liable for any injuries and other damages his or her dog causes.
It’s important to note that dog owners are not only liable for bites but also any other injuries their dogs cause to others. For example, a dog jumps on a passerby and knocks him to the ground, breaking his arm. The injured victim can still file a lawsuit even though the dog did not bite, and the dog’s owner would still be strictly liable for the damages.
Due to Utah’s strict liability rule for dog bites, there are very few defenses available to a dog owner whose pet causes injuries to another person. If the victim provoked the dog, attacked the dog or the dog’s owner, or was trespassing on the dog owner’s private property at the time, these factors could lead to the plaintiff absorbing some or all of the liability for the incident. In the case of partial liability, Utah’s contributory negligence law allows plaintiffs to recover compensation even if they are partially at fault for their damages. However, they will lose a portion of the case award equal to their percentage of fault.
For more information regarding Utah’s dog bite laws, speak with a Layton injury attorney experienced in dog bite claims.
Elements of a Dog Bite Claim
Thanks to Utah’s comprehensive liability law concerning dog bites and dog attacks, an injured victim should have less difficulty succeeding in a personal injury claim. In any personal injury lawsuit, the plaintiff must prove several factors of negligence in court to win the case:
- Duty: the plaintiff must prove the defendant owed the plaintiff a duty of care in the given situation. In dog bite cases, this means proving the defendant is the owner of the injury-causing dog and was present at the time of the incident in question.
- Breach: the plaintiff must show how the defendant failed to meet the duty of care for the given situation. In a dog bite case, an owner who fails to prevent an injury to the plaintiff is negligent under Utah’s strict liability law for dog attacks.
- Causation: the plaintiff has to prove that his or her injuries resulted from the defendant’s failure to control his or her dog.
- Damage: the plaintiff can only sue if actual harm occurred, so he or she will have to provide evidence to prove the extent of his or her injuries and other damages.
The right Layton dog bite attorney can make a huge difference in the outcome of a dog bite injury lawsuit.
Call a Layton Dog Bite Lawyer Today If You Were Bitten
If you or a loved one is expecting a legal battle from a recent dog bite or dog attack incident, contact Feller & Wendt, LLC today by calling (801) 499-5060 to schedule a free consultation with one of our attorneys. After reviewing the details of your situation, we can let you know what to expect from a lawsuit.