Dog bite cases can be legally complex, as they often involve personal injury claims and liability disputes. When pursuing a dog bite case, it’s crucial to anticipate and counter the common defenses that might be raised by the dog owner or their legal representation. In this blog, we’ll explore some of the common defenses used in dog bite cases and provide guidance on how to counter them effectively.
- Provocation
One common defense is the claim that the victim provoked the dog in some way. Dog owners may argue that the victim engaged in behavior that incited the dog to bite. To counter this defense, it’s essential to gather evidence that demonstrates the victim’s behavior was not provocative. Eyewitness testimonies, security camera footage, or medical records can help establish a lack of provocation.
- Trespassing
Dog owners might contend that the victim was trespassing on their property when the incident occurred. In some jurisdictions, trespassing can affect the liability of the dog owner. To counter this defense, it’s important to prove that the victim had a legal right to be on the property at the time of the incident. Property records or witness statements can be valuable in this regard.
- Assumption of Risk
Some dog owners may argue that the victim assumed the risk of being bitten, particularly if they were aware of the dog’s aggressive tendencies. To counter this defense, it’s crucial to show that the victim had no reason to believe they were at risk or that the owner failed to take adequate precautions to prevent the attack. Documenting prior incidents or gathering expert opinions on the dog’s behavior can be helpful.
- Inadequate Control
Dog owners may claim that they had their dog under control, and the attack was unforeseeable. To counter this defense, it’s important to prove that the owner was negligent in controlling the dog or failed to adhere to local leash laws and ordinances. Eyewitnesses, photographs, or animal control records can be used to substantiate this argument.
- No Prior Knowledge of Aggression
The defense might argue that the dog had no prior history of aggressive behavior, and the owner couldn’t have known about the potential danger. To counter this, it’s crucial to investigate the dog’s history thoroughly. Medical records, veterinary statements, or accounts from neighbors can help establish any prior incidents or concerns.
When facing these common defenses in dog bite cases, it’s essential to consult with an experienced Memphis, TN dog attack lawyer. They can provide valuable guidance and develop a strong legal strategy to counter these defenses effectively. Remember that every case is unique, and the success of your claim depends on the specific circumstances and the evidence available.
If you or someone you know has been a victim of a dog bite, don’t hesitate to reach out to our team of experienced dog attack lawyers at Darrell Castle & Associates. We can help you navigate the complexities of your case, counter these common defenses, and work towards securing the compensation you deserve. Your legal rights are our priority.