Claims for dog attacks are not handled the exact same way as other personal injury cases. There are a number of unique aspects of dog bite cases in Manchester that a person should learn about from an attorney. A compassionate dog bite attorney could ease any fears a person has about initiating a claim and fight for them to recover damages to pay for their injuries.
Unique Liability Laws in Dog Bite Cases
If the injured person had liability in allowing the attack to happen, it still does not impact their ability to receive compensation. In a dog bite case, there is either strict liability, which means that the owner or keeper is the one held responsible, or it is fully the fault of the claimant. There is no apportionment of liability between the parties.
Common misconceptions people have about dog bites are that they need to prove that the owner did something wrong. It is a strict liability tort, meaning they do not have to prove that there was negligence on behalf of the owner and they do not have to prove that a dog had bitten people prior. When somebody gets a dog, they accept ownership of all those risks. The law forces them to take personal responsibility for their pet.
What Precautions Should People Take?
There are some basic precautions people should take to avoid a dog bite or attack. The most basic precautions are to be aware of when a dog is nearby and be alert of the posture it is taking. Even if the dog is wagging its tail it does not necessarily mean that the dog is happy, and a person should ask permission from the owner if they wish to approach. The dog should be avoided if it is baring its teeth and in a defensive stance. Pedestrians should also pay attention to any signs placed on the house or property and avoid interacting with the dogs that live there.
There is no contributory negligence in a dog bite case, so even if someone fails to heed warnings and gets bit, the dog’s owner is completely responsible for it. The only exception is if plaintiff was aggressively teasing or attacking the dog which was otherwise not doing anything wrong. This is one of the unique aspects of dog bite cases in the area.
Leash Laws in Manchester
The law in Manchester is that a dog has to be leashed at all times if outdoors, or put in an enclosed area like a fenced-in yard where the dog cannot get out. A dog cannot be roaming around unleashed in people’s yards, neighborhoods, parks, bike paths, or roads.
History of Aggressive Behavior
A proven history of violence or an aggressive nature on the part of the dog does not matter in a claim. In fact, it does not even come into evidence. A dog owner is strictly liable for the bite of the dog. The only time a history of violence matters is if it involves a cat or some other animal where the owner had prior knowledge it was aggressive.
For a dog, this history, or lack of it, does not matter, except in limited circumstances involving a landlord who was previously sued for the same type of incident. In that case, one has to prove that the landlord knew that the dog was violent.
Will There Be Consequences for the Dog?
One of the unique things about local dog attack cases is that people sometimes refrain from filing a claim because they are afraid of what will happen to the animal. Plaintiffs should not fear any potential consequences for the dog involved in their lawsuit. The court only decides whether or not to award money. It does not determine if an animal needs to be put down. Manchester Animal Control is the entity that decides if a dog should be put to sleep and they have a process to handle that, independent of a civil claim.
Learn the Unique Aspects of a Manchester Dog Bite Case from an Attorney
It may seem difficult to make a case for a dog bite but the rule of strict liability typically favors the claimant. That is just one of the unique aspects of Manchester dog bite cases that a quality attorney could explain to you. If you suffered injuries in this way, call now to learn more about how you could seek financial relief.