Establishing Liability in Raleigh Dog Bite Cases
After a dog bite incident, you might find yourself with medical bills you cannot afford, and injuries that make mundane activities difficult. You could be eligible for compensation for your injuries which is why it is important to speak with an attorney. Establishing liability in Raleigh dog bite cases can be difficult to handle on your own. A compassionate and capable attorney can investigate your case, collect the necessary evidence, and use that evidence to build your personal injury claim. Work with an attorney that can advocate for you.
Determining Who is At-Fault in Dog Bite Cases
The person who is bringing the claim has the burden to prove liability that the dog owner was negligent somehow. Establishing liability in Raleigh dog bite cases means proving that the dog owner had knowledge that the dog was dangerous and is responsible.
There cannot be any other outside factors that enticed the animal to do something or behave in a way that was unforeseeable to the owner of the aggressive dog. If it is a he said/she said situation, then there is no clear answer as to who was at fault, no clear answer as to whether the animal was the aggressor or not and things like that. If the plaintiff was determined to be partially liable that would be a complete bar to recovery. North Carolina has contributory negligence. The person would not get any money if it was determined that they were in any way at fault.
How Does an Attorney Prove Liability?
To prove liability, in any case, a person has got to show negligence. When establishing liability in Raleigh dog bite cases, that means that the dog either has a vicious propensity due to its breed, has a history of attacking people, has a history of being a more aggressive type of dog, or that the owner knew about prior instances where the dog tried to or did attack another animal or person. Those are all really important in a negligence case, and the breach of duty that the dog owner with their dog. Just because a dog bites somebody does not necessarily mean their owner can be held responsible. A person has to be able to show that the owner knew or should have known that the dog would likely hurt someone. That is where dog bite cases can get complicated.
Elements an Attorney Must Prove
A person and their dog bite attorney have to prove that the owner knew or should have known that the dog was dangerous. They also have to show that the dog had a propensity to attack or could have been aroused to attack and that there had either been prior instances where the dog had attacked another animal or person. Or, the prosecution has to show that the dog itself had a dangerous propensity in its breed. Every dog owner has a duty to make sure their dog is safe and not going to harm anyone else. Those are ways to show that someone breached that duty.
The length of the process depends on whether or not it is clear that the dog owner knew their animal was dangerous. It may be quicker if the dog owner is adamant that the dog was safe and denies any wrongdoing. It can take three months, it can take three years, it just depends.
Investigative Tasks When Trying to Establish Liability
When establishing liability in Raleigh dog bite cases, a person should canvas the neighborhood and talk to any neighbors of the animal to find out what they have observed if they have interacted with the animal, what the owner has said about the dog’s behavior, or what they have seen. In doing so, it may be determined that the dog had prior attacks. A complete search with the Animal Board would be warranted to make sure there were no other complaints made about that animal.
Forensics might be used to prove a certain dog was the one responsible for a bite. For example, a forensic scientist might measure their mouth and make a mold of the animal’s bite to compare to the puncture wounds or injury that the person sustained. They could also check for trace blood at the scene or on the animal if the cut was bad enough. An experienced dog bite lawyer can help the plaintiff carry out these tasks and can investigate the injured party’s case. After collecting the necessary evidence, a qualified attorney can attempt to fight for a positive outcome for the plaintiff.
