Dog Bites and Insurance

Most dogs are warm, loving family members who would rather feel pain than inflict it on a human being.

Sometimes, unfortunately, circumstances or a dog's underlying personality issues cause an attack to occur.

When a dog does bite, there are certain legal and property issues which come into play.

Who is responsible for the injuries can be murky water, as can be the disposition of the canine after the incident.

Dogs and Legal Status

For clarification, it is important to remember that animals are officially considered property.

They can't be charged with assault, and any damage to them is treated by law as property damage.

Therefore, unless the owner was criminally negligent, the police will not be involved.

“Criminal negligence typically requires a previous bite attack followed by the owner not taking precautions to prevent a

subsequent attack.”

Even if that situation occurs, unless the victim's injuries are severe, do not expect the police to launch an investigation.

Medical Treatment

If you are bitten by a dog, you will need to seek immediate medical attention. In addition to trauma to your person, a dog's mouth has a large amount of bacteria, and as a result the wound will require sanitation.

You may also require antibiotics and will most likely receive a preventative rabies booster.

The next question is, WHO will pay for the medical treatment?

• In most situations, the victim's insurance will cover the incident as an accident.

• If the animal's owner has a renter's policy and it occurred in their home, it will be covered by that renter's policy, if the victim chooses to pursue the owner's policy.

• If it occurred in a public space, and neither party has insurance, a court ruling will most likely be required to determine who is at fault and who must pay for the medical treatment.

Disposition of the Dog

The dog is basically on "house arrest."

This typically lasts for 5-10 days. If the injury is severe, the canine may be taken for evaluation by animal control, who will determine if the animal is actually aggressive towards humans.

Unfortunately, if the animal control officer determines that the animal is a true risk to the community, in many states and counties they have the right to seize the animal for destruction.

What Should I Do?

If you are bitten by a dog, or are the owner of a dog who bites, you should contact an attorney if the other party shows interest in litigation.

• Property and injury law are complex topics, and if the other party retains an attorney you will be at a significant disadvantage if you do not have one of your own.

• Contact a reputable attorney for a consultation and determine if it is to your advantage to pursue damages against the animal's owner.

If you are the animal's owner, you will also want a consultation to determine if you are at risk for an adverse ruling from a court.

Even though it is nearly universally an accident, dog bites can result in significant personal injury and financial damages.

The Millea Law Firm is the Phoenix attorney of

choice if you have a serious dog bite or other

personal injury.

Matt Millea will handle your case personally and will prepare it for trial; what he will not do is pressure you to accept a lowball settlement claim from the insurance company.

Matt Millea cares about his clients and will ensure you are compensated for your medical bills, lost wages, and pain and suffering.

http://www.millealawfirm.com

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