In many states, strict liability laws apply to dog bite cases, meaning that dog owners can be held liable for injuries caused by their pets regardless of negligence or prior knowledge of the dog’s aggressive tendencies. If you’ve been bitten by a dog in a state with strict liability laws, you don’t have to prove that the owner was negligent – the fact that you were bitten may be enough to hold the owner accountable.
We specialize in helping dog bite victims navigate strict liability laws and pursue the compensation they deserve.
What Is Strict Liability in Dog Bite Cases?
Understanding How Strict Liability Laws Work
Strict liability, where it applies, means that the dog owner can be held responsible for injuries caused by their dog without needing to prove negligence or prior knowledge of dangerous tendencies.
Nevada does not follow strict liability or the “one bite rule” for dog bite cases. Instead, Nevada law applies a negligence standard, meaning that the victim must prove that the dog owner failed to exercise reasonable care in preventing the attack. This could include failing to control the dog, not following leash laws, or ignoring the dog’s known aggressive tendencies. Liability is based on whether the dog owner acted negligently in allowing the attack to occur.
How Strict Liability Differs from Negligence Claims
Strict Liability vs. Negligence: Key Differences
In dog bite cases, the legal approach differs depending on whether the case involves strict liability or negligence. Here’s how the two differ:
- Negligence Claims: In a negligence-based case, the victim must prove that the dog owner failed to take reasonable steps to prevent the attack. This might include ignoring leash laws, failing to restrain a known aggressive dog, or not warning visitors about the dog’s behavior.
- Strict Liability Claims: In strict liability cases, the dog owner is responsible for injuries caused by their dog, regardless of whether they followed local laws or had prior knowledge of the dog’s aggressive tendencies. In Nevada, victims must prove that the dog owner was negligent in handling or controlling their dog. Strict liability does not apply, meaning victims need to demonstrate that the owner either failed to act reasonably in preventing the bite or violated local regulations, such as leash laws. Proving negligence is critical, regardless of whether the injuries are minor or serious.
Strict liability benefits victims by eliminating the need to prove negligence, as the dog owner is automatically responsible for the injuries caused. This makes it easier for victims to recover compensation in dog bite cases.
When Does Strict Liability Apply?
Situations Where Strict Liability Dog Bite Laws Are Enforced
Nevada’s strict liability law does not cover incidents where the victim was unlawfully on the dog owner’s property. In such cases, the victim must establish that the dog owner was negligent or failed to address a known danger.
- The Attack Occurred in a Public Space: If the dog bite occurred in a public area, such as a park or sidewalk, the dog owner is likely to be held strictly liable for the attack.
- The Victim Was Not Provoking the Dog: In most strict liability cases, the victim must not have provoked the dog in any way, such as teasing or attacking the animal.
- No Prior Aggression Is Required: Unlike negligence claims, which may require proving the dog had a history of aggression, strict liability holds the dog owner accountable even if the dog has never bitten anyone before.
Our team will assess the specific laws in your state and ensure that your claim is filed under the correct legal framework to maximize your chances of recovery.
How We Can Help You Pursue a Strict Liability Claim
We’ll Fight to Hold the Dog Owner Liable for Your Injuries
We have extensive experience handling strict liability dog bite cases. Our legal team will guide you through the process of filing a claim, ensuring you receive the compensation you need for your recovery. Here’s how we help:
- Evaluate Your Case Under Strict Liability Laws: We will determine whether your state’s strict liability laws apply to your case and explain your legal rights and options.
- Collect Evidence of the Attack: While strict liability doesn’t require proof of negligence, we will gather evidence such as medical records, photos, and witness statements to strengthen your claim.
- Handle Insurance Negotiations: Our team will negotiate with the dog owner’s insurance company to secure a fair settlement for your medical expenses, lost wages, and pain and suffering.
- Prepare for Court if Necessary: If the insurance company refuses to offer a fair settlement, we are prepared to take your case to court to ensure you get the compensation you deserve.
You don’t have to navigate strict liability laws alone. Our team is here to make the process as smooth as possible and ensure that you are fully compensated for your injuries.
Common Defenses in Strict Liability Cases
Potential Challenges and How We Overcome Them
While strict liability laws make it easier to hold a dog owner accountable, there are still some defenses that the owner or their insurance company may try to use, including:
- Provocation Defense: In Nevada, if the dog owner proves that the victim provoked the dog, they may avoid liability. Additionally, the strict liability rule does not apply if the victim was unlawfully on the property, requiring the victim to prove negligence instead.
- Trespassing Defense: Nevada’s strict liability rule does not apply if the victim was unlawfully on the dog owner’s property. In these cases, the victim must prove negligence or dangerous behavior that the owner should have addressed.
- Assumption of Risk: In some cases, the owner may claim that the victim knowingly approached the dog and assumed the risk of injury. We’ll challenge these defenses by demonstrating that the victim did not willingly put themselves in harm’s way.
Our team is prepared to handle these defenses and ensure that the strict liability rules are properly applied to hold the dog owner responsible for the attack.
Frequently Asked Questions
FAQs About Strict Liability Dog Bite Cases
Do all states have strict liability laws for dog bites?
No, not all states have strict liability laws. Some states follow a “one-bite rule” or require the victim to prove that the owner was negligent.
Can I still file a claim if the dog has never bitten anyone before?
Yes, under strict liability laws, the dog owner can be held responsible for a first-time attack. You don’t have to prove that the dog had a history of aggression.
How much compensation can I receive in a strict liability case?
The amount of compensation depends on the severity of your injuries, medical costs, lost wages, and pain and suffering. Our team will help you assess the full value of your claim.