If your dog bites someone, you could face liability. But what exactly is the duty of care? And how do you know whether your pet has violated that duty. Injury lawyer in Huntsville will go over some common scenarios where negligence might be found—and how to prove it in court if needed.
How to Prove Negligence?
There are elements that need to be proved in order to prove negligence:
Duty of care – the dog owner has a duty of care towards their dog. This means that they must take reasonable steps, consistent with other relevant factors, to prevent harm coming to someone else or their property.
Reasonableness – the way an owner should act when dealing with their pet depends on its size and temperament, but generally speaking owners should do what is reasonable within reason.
When There’s No Duty of Care
When you have no control over the situation, it’s often impossible to be held responsible for negligence. For example:
Your dog falls into an open manhole and drowns; in this instance, there is no duty of care between owners and pet because neither party could reasonably foresee that their animals would enter into such hazardous situations.
What’s Reasonable Care?
When it comes to determining what constitutes reasonable care, there are two main factors that must be considered:
● The risk of harm
● Your ability to foresee the risk and take precautions against it
Did Negligence Cause the Injury?
In order for your dog owner’s liability claim against you (or another individual) to succeed in court, there must be proof that:
You did something wrong; and 2) Your actions caused harm or injury; and 3) You knew—or should have known—that this could cause harm or injury.
Talk to a Lawyer
If you believe that your dog may have been harmed by another party and intend to file a claim, it’s important that you talk to an attorney before making any decisions. An attorney can help you understand the legal process and whether there are any defenses available for your case.
You may also want to speak with an attorney if someone sues you over injuries caused by the negligent actions of their pet (e.g., bites). In this case, hiring an experienced attorney will give them access to information about what happened and how this might impact their client’s liability for damages suffered by others in relation to said animal.
It is also useful for those who have not yet been sued but feel threatened by allegations made against them nonetheless; having legal counsel on hand can give peace of mind knowing that all options are open when faced with such accusations from other parties involved in cases involving animals.
If you’re the owner of a dog that causes harm to another person, it’s important to understand your legal options. In some cases, you may be able to defend yourself against charges of negligence or assault by claiming that your animal was provoked. Before blaming your pet for a mishap, however, it’s best to consult an experienced attorney who can help identify potential defenses in court.