Contributory negligence means that a person who was injured contributed to the incident and the injury that they sustained. Contributory negligence in Raleigh dog bite cases can impact the amount of damages that an individual can expect to recover in their dog bite injury case. If you have been bitten by a dangerous dog and have concerns about how contributory negligence could impact your case, consult a qualified dog bite attorney that can fight for to make sure that you recover the damages you deserve.
Difference Between Contributory and Comparative Negligence
Comparative negligence is merely reducing the amount of the award by the percentage that the plaintiff (injured person) is deemed to be at fault. Contributory negligence in Raleigh dog bite cases is a complete bar to recovery no reduction. Anything a person says to the insurance company can be used against them. If they start talking to them without a lawyer, they may inadvertently say something that the insurance company lashes onto as a claim of contributory negligence and will use that to deny their claim.
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Some examples of contributory negligence in Raleigh dog bite cases include:
- If someone approaches the dog without the owner’s permission
- If someone is not paying attention
- If someone escalates a situation with an animal
- If someone is chasing the animal or being aggressive in any way
- If someone has an aggressive dog with them that they are not controlling and they allow it to entice another animal
- If a person who is attacked by a dog is at fault, in any way, for the attack, that would be a complete bar to their recovery
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Bars to Compensation
Some bars to compensation could be if the person who is attacked by the dog enticed the dog, or if they approached the dog when the owner was saying, no. Other instances of contributory negligence in Raleigh dog bite cases would include, if they had their own dog that was off leash running around, causing a scene, or if there was some other reasonable course of action that the person did not take.
Those actions are simply a reduction of a total recovery in most states, but in North Carolina and three other states that have contributory negligence, that means a complete bar. It is an archaic rule that is extremely harsh and serves to deter injured people from pursuing their claims for fear that if just one person thinks that they did something wrong, it could be a complete bar to recovery.
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If you have been bitten by a dog, it is important that you get in contact with a skilled dog bite accident lawyer. Your attorney can investigate the case, speak to potential witnesses, and compile evidence in order to bolster your personal injury claim. Your attorney can also investigate whether there was contributory negligence on your behalf, and can explain the implications that contributory negligence in Raleigh dog bite cases could have for you. Consult an experienced personal injury attorney and know that you are in capable hands.
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