Any size of dog has the potential to cause serious injuries. While many consider larger dogs to be more dangerous, a bite from a smaller canine could lead to permanent injuries, including nerve damage and scarring. State law provides a person suffering from a dog bite injury to hold the owner civilly liable in some situations.
If you have suffered an injury during a dog attack, a dedicated personal injury attorney could advise you of your legal rights. By filing a lawsuit, you could have the opportunity to recover monetary compensation for your injuries. A Marlborough dog bite lawyer could represent your best chance at financial recovery.
Dog Bite Laws in Marlborough
The laws that determine liability in a dog bite situation are in Connecticut General Statutes §22-357. This statute allows a person injured by a dog to sue the owner under a “strict liability” standard.
The burden of proof under strict liability is lower than that in a negligence case. With negligence, a plaintiff must establish that the defendant violated a duty they owed. In a strict liability claim, there is no need to show the dog owner was even aware of the attack. If the owner of the dog is a minor, this standard also applies in legal action taken against their parents or guardians.
To obtain a judgment against the owner, a Marlborough dog bite attorney must prove that a dog injured the plaintiff or destroyed their property, the plaintiff was not trespassing, and the dog had not been provoked. If a claimant is not able to establish one of these elements in their argument, this may serve as a defense for the defendant. For instance, if the dog owner can establish that the injured person provoked their pet or was trespassing at the time of the attack, they could avoid civil liability.
While commonly referred to as the dog bite statute, it is important to note that this statute covers any form of damage caused by a canine. It applies not only to bodily injuries that result from a canine bite but all injuries for which a dog may be responsible. This includes injuries in a fall after being knocked over by a dog or any property damage.
Statute of Limitations for Dog Attack Cases
While the compensation in a dog bite claim can be substantial, a claimant could miss out on recovering anything if they fail to file their lawsuit on time. There are deadlines for the filing of every lawsuit, and the failure to comply could result in the court dismissing a claim.
A potential plaintiff must file a dog attack lawsuit within two years of the date the attack to proceed with their claim. A lawyer in Marlborough could help someone file their dog bite case on time.
Reach out to a Marlborough Dog Bite Attorney
The stress, pain, and worry that come with these injuries can be traumatic. This trauma is only amplified when you are also facing financial burdens stemming from the attack.
A Marlborough dog bite lawyer could assist you in recovering the compensation you need to ease that financial burden. With a substantial settlement or damage award, you could pay your medical bills or make up for missed wages. Reach out today to discuss your claim in detail with one of our caring attorneys.