Dogs are great companions, but sometimes they are hard to predict. They can become aggressive quickly, especially when they encounter strangers.
Millions of Americans are injured yearly by dog bites or other dog-related attacks. In Arkansas, especially in rural parts of the state, it is not uncommon for dogs to be unleashed or roaming without fences. When dogs injure people, an experienced personal injury attorney could explore the various legal options in place to help them recover. Reach out to our firm now to speak with a Little Rock dog bite lawyer.
When Can Someone Sue Because of a Dog Bite?
Arkansas has specific rules for when and how a person may seek compensation after being attacked by a pet. In some states, a dog owner is strictly liable for anything their dog does, including injuries it causes. Arkansas applies what is often referred to as the “one-bite rule.” This means that the owner or keeper of a dog is not necessarily held liable simply because their dog bit someone. To hold a dog owner strictly liable, an injured person must first show that the owner or keeper of the dog had reason to know of the dog’s dangerous nature.
Little Rock attorneys often use several methods to demonstrate that a dog owner knew or should have known that their dog would bite. These might include:
- Social media posts indicating the dog is aggressive
- State records (such as animal control) showing that the dog has previously bitten someone
- Direct testimony of witnesses, neighbors, and other individuals who may have knowledge of the dog’s aggressive behaviors
- Actions taken by the owner clearly demonstrate they knew the dog to be dangerous (i.e., the bite occurs in public, but at home, the owner has dangerous dog signs posted)
An experienced attorney could investigate all available sources to build a strong dog bite case.
Who Is Liable for My Injuries?
In most cases, the dog’s owner is liable for your injuries under premises liability. Depending on the facts of your case, you may be able to pursue compensation through an insurance policy. For example, if you were attacked at the dog owner’s home, you may be able to pursue a claim through the owner’s home insurance policy.
Wherever you are attacked, you will need to show that the dog is known for its predisposition to attack someone. For example, you may be able to find a witness to testify that the dog regularly tried to attack pedestrians walking by its yard. You may be able to prove that the dog has bitten someone before, or you may even be able to prove that the dog bit someone after biting you.
Strict Liability
Certain dog breeds, such as pit bulls, may be inherently prone to vicious behavior. Other dogs may just have a bad attitude. If the dog is a dangerous breed, has already bitten someone, or is known to be dangerous, the owner is strictly liable when the dog bites someone. That means the owner is responsible for the bite and resulting injuries. Period. That makes it easier for you to obtain compensation for your losses.
Time Limits for Getting Compensated After a Dog Bite
Under Arkansas Code Annotated § 16-56-105, people in Arkansas have just three years to file suit in cases involving personal injuries. This also applies to most dog bite claims. This may sound like a long time, but there are situations when it can be difficult to bring a claim that quickly.
Many times, dog bite attorneys will find that the owner or individual responsible for the dog does not even reside in the Little Rock area. Or in some cases, the true owner or keeper of the dog may not be easy to determine. Similarly, when the attack is severe, some people may require months or even years of ongoing treatment and medical care.
Recoverable Damages After a Dog Bite Attack
Serious dog bites can cause extensive injuries that require costly medical treatment, including emergency care, multiple surgeries, and rehabilitation. Children are especially at risk of suffering severe consequences in dog bite cases. For example, when a dog bites a child’s face, he or she may need multiple reconstructive surgeries, which can result in difficulties speaking and eating.
Attorney Tim Reed will gather the evidence needed to support a claim for all your losses, including medical documents and statements from your employer regarding the value of your lost income. You only have one opportunity to recover for your damages, so it’s essential that you pursue the total amount of damages to which you are entitled. For example, if you can no longer work due to dog bite injuries, you’ll need to recover compensation for the value of your lost income. You may also need to account for future medical expenses. Arkansas personal injury victims can pursue the following types of damages and more:
- Medical expenses (past and future)
- Lost wages and benefits (past and future)
- Property damage
- Pain, suffering, and mental anguish
Unfortunately, severe dog attacks can also lead to a victim’s death. If you have lost a loved one due to a dog mauling incident, you may want to consider pursuing a wrongful death lawsuit against the dog’s owner. While nothing can bring your loved one back, a wrongful death settlement can help you and your family pay for your loved one’s medical expenses, lost financial contributions, and pain and suffering, as well as your own mental anguish.
Other Ways To Hold Owners Responsible for Dog Bites
It may be a crime to allow a dog to attack people. In fact, under Arkansas Code Annotated § 5-62-125, it a Class A misdemeanor under certain circumstances. In order to be convicted of an “unlawful dog attack,” a dog owner must act negligently somehow. In other words, it is not enough that the owner simply has a dangerous dog. Instead, it must be proven that the owner acted carelessly or did something no reasonable dog owner would do, and this is what led to someone being injured.
For example, perhaps the owner had a vicious dog and did not have a fence. Maybe the dog’s owner took the dog out in public without a leash. Whatever the facts may be, when someone is found guilty of this crime in Arkansas, they could be ordered to pay the injured person’s medical bills. Work with an experienced dog bite lawyer in Little Rock to pursue compensation and discover multiple ways to hold the owners responsible.
Get the Help You Deserve From a Little Rock Dog Bite Attorney
You should not struggle alone when you have been injured due to another person’s failure to control their animal. To begin healing, speak to a Little Rock dog bite lawyer now.
At the Reed Firm, our client-oriented approach ensures you feel supported every step of the way. We take pride in our accessibility and fast response times. Contact us now to find out how we could help you on the road to recovery.