The Centers for Disease Control and Prevention estimates that over 4 million people suffer dog bite injuries yearly across the United States, making a DC Dog Bite Lawyer more crucial than ever. Many of those injured are children, and often, in addition to requiring medical care, dog bite victims endure lifelong disfigurement. Some animal attacks are even fatal.
A personal injury case provides a method to hold the dog owner or other responsible party accountable. The laws regarding liability for dog bites vary between states, and at Gelb & Gelb, Washington, D.C., dog bite lawyer Roger Gelb is familiar with the relevant statutes in the District of Columbia, Maryland, and Virginia. Attorney Gelb fights to recover compensation for those hurt by negligence or wrongdoing by others. Having successfully recovered over one hundred million dollars in settlements and verdicts for thousands of clients, our firm is prepared to help you assert your rights. Attorney Gelb is recognized as a top personal injury advocate and personally handles every case in the office.
The District of Columbia requires that victims prove a dog owner’s negligence, except in a specific situation where the dog that bites was “at large” due to the owner’s negligence. Dog owners must control dogs on leashes in public and keep them on personal property. Under these circumstances, a dog owner will not escape liability for harm caused by their dog by stating that they did not know the dog would cause injury.
Most dog bite personal injury claims within the District of Columbia are for negligence. In these cases, the injured individual shows that the dog owner failed to control the dog adequately. They may have a strong compensation claim if this failure to use reasonable care caused their injury. Simply demonstrating that a dog owner lets their dog run at large may be evidence of negligent conduct, but it will not automatically prove negligence. Another example of potentially negligent conduct includes letting a stray dog wander into a daycare center, resulting in an attack on a child.
Causation is essential for all negligence claims. A dog that bites someone due to the owner’s carelessness lends itself to a relatively straightforward causation assessment. However, when someone runs from a scary dog and then trips or collides with a vehicle, it is more challenging to establish causation. Factors such as whether the dog owner violated a leash law or had a known propensity to bite must be assessed. A dog bite lawyer serving the Washington, D.C., area can help you consider the facts of your case and determine whether you have a claim.
At common law, a dog owner is not liable for personal injuries caused by his dog unless he has reason to know of the dog’s vicious propensities. This is known as the “one bite” rule. Our legal system is built on how courts rule on specific issues. Each jurisdiction has a hierarchy of courts. If a higher court rules one way or another on a problem, the lower courts should follow that ruling.
Many states have strict liability dog bite laws, holding owners liable when their dogs bite regardless of circumstances. Other states allow dog owners to have “one free bite,” meaning they are responsible only once they know the dog’s propensity to bite. The laws governing dog bites vary between the District of Columbia, Maryland, and Virginia.
The District of Columbia and Maryland have a contributory negligence rule. This is a complete bar to collecting damages when the injured person contributed to their injuries. Contributory negligence arguments may be based on the defendant dog owner’s allegation that the injured person provoked the dog. A dog owner may allege that the victim abused the dog or taunted the dog until it bit. If the dog owner is deemed 90% responsible for the attack, and the victim is 10% responsible, the victim will be barred from recovering compensation. A DC Dog Bite Lawyer can tell you whether or not your case is barred by contributory negligence.
Trespassing is another argument that a defendant dog owner or business may set forth in order to escape liability. Trespassers may face challenges in asserting their right to recover damages. If not lawfully on the defendant’s property, the homeowner may not owe a duty of care. However, exceptions to this trespassing rule exist for mail carriers, law enforcement, and, in some cases, neighborhood children. A top attorney can help assess this type of defense. We can help you avoid the legal limitations on the dog owner’s liability in a case.
In some cases, claiming negligence per se may be appropriate. This doctrine holds that violating a statute or ordinance intended to protect a particular population sector, thereby harming a group member, creates liability for the defendant. An example is a dog owner violating a leash law designed to protect the public from injuries related to dog bites. If a young child is attacked and bitten by an unleashed dog, the owner, by violating the leash law, may be deemed liable on the grounds of negligence per se.
An injury claim is typically against the dog owner following a dog bite. Often, a homeowner’s insurance or a renter’s policy, if a private person owns the dog, will cover a judgment or settlement. In some cases, business insurance may cover the loss if a dog bite occurs on the premises of a business. Insurance policies must be carefully analyzed, as specific dog breeds are expressly excluded from coverage. A seasoned Washington, DC, dog bite lawyer can help assess whether a particular loss requires litigation and determining liability.
Victims will set forth their damages after establishing liability for a dog bite. In a negligence claim, the plaintiff may recover for the physical and emotional harm resulting from the attack. Medical care, hospital bills, prescriptions, and physical therapy are costs that may be included. Due to the nature of a dog bite injury, scarring is common. It is necessary to allow the wounds to heal to assess the extent of harm. Permanent scarring may entitle the victim to seek a more significant damages award.
Wages missed from work due to injuries should also be calculated and set forth. Additionally, injured victims may recover emotional distress damages, and mental anguish can be inferred when bodily injury is severe. This may be the case when the victim suffers disfigurement, permanent facial or body scars, nerve damage, or lasting infection. Psychological harm may result after a dog bite, as victims can suffer post-traumatic stress from the animal attack. Costs for psychological therapy may be included in a damages claim.
There are countless exceptions to coverage that a DC dog bite lawyer must navigate. Below, we explore the four categories of exceptions that cover most of the reasons you may be unable to make a claim against a dog owner despite having an otherwise valid claim.
When suing a defendant, we generally rely on them having insurance. Otherwise, most defendants do not have sufficient assets to cover a judgment. However, an issue often exists when suing a defendant for a dog bite. Certain dog breeds, such as pit bulls, Rottweilers, or Doberman pinschers, are often excluded from coverage due to perceived risk. Unfortunately, our anecdotal experience is that these excluded dogs tend to be most involved in dog bite cases. Without a contractual obligation to defend their insured, the insurance company will not indemnify a client if we win a judgment against them.
Breed-specific exclusions lead to a dog owner being uninsured. However, there are other reasons why a dog owner may be uninsured beyond a policy exclusion. First, homeowner’s insurance is not required in Washington, DC. Although, if you have a mortgage, your lender may require that you retain homeowner’s insurance. In Washington, DC, many residents choose to rent. Renting avoids pricey HOA fees and allows you to be more transient as you find which neighborhood in DC you love the most. However, not all renters have renter’s insurance. Under the DC Code, you are not required to purchase renter’s insurance. Although, many landlords do still require it.
If a renter does not have renter’s insurance, then there is likely no applicable coverage available for a plaintiff in a DC dog bite case. Without insurance, the dog owner may still be personally liable, but collecting damages directly from an individual is difficult.
Individuals are not the only ones who can be liable for a dog bite. For example, if you are bitten in a hotel lobby where dogs are allowed, you may argue that the hotel is liable for your injuries sustained by the dog because it was reasonably foreseeable that a dog may bite a hotel guest. However, this is not the case unless that dog has caused issues in the hotel before. Thus, this is generally an unsuccessful path. Of course, if it does happen to you, it is best to consult with a DC dog bite lawyer immediately. The attorneys at Gelb & Gelb offer free case consultations at (202) 331-7227.
Our DC dog bite lawyers only go after intentional acts in limited circumstances. They are an interesting part of personal injury law because an intentional act may allow you to recover punitive damages. Punitive damages can substantially increase the value of your ultimate recovery. On the other hand, an intentional act is generally not insured. Homeowner’s insurance contracts and renter’s insurance contracts generally only cover negligent acts. Thus, if the dog owner sicced his dog after you, while you would be entitled to more in a lawsuit, you may have no source of recovery. A prudent DC dog bite lawyer will consider whether the dog owner has the means to cover a larger judgment.
If a dog bites you, you have to be weary about scarring. Depending on the bite’s depth, you may need stitches at the hospital. In some of our cases, where a dog bites an arm or a leg, there can be severe nerve damage and blood. In almost all circumstances, it is best to be seen by a medical professional so that you can determine the next steps. Unlike a car accident, you likely will not need physical therapy. Although, it is possible if your nerve damage is severe enough.
This is a critical step. Please make sure to collect information from the owner of the dog and any witnesses. This means, ideally, name, address, and phone number. Your attorney needs to be able to contact and interview a witness. They may be helpful in court or even a deposition for settlement purposes. And, of course, we need the owner of the dog’s information because we need a person to sue. Even if we do not eventually file suit on the claim, we need to be able to get in contact with their insurance provider. We may use the dog owner’s homeowner’s insurance, so identifying that person is essential.
Your options following a dog bite are simple. Of course, the simplest option is to do nothing, which we do not recommend. This entails paying for your injuries or using your insurance. You will not receive compensation for your medical expenses, lost wages for your potential inability to work, or your pain and suffering related to your injury. On the other hand, if you retain counsel, you will have many additional options. First, we can initiate the legal process against the defendant. This does not necessarily mean we will be filing suit. Instead, we send a demand letter to the defendant’s insurance company. Then, we begin settlement negotiations.
Going to trial is inconvenient for everyone. First, it takes a lot of time. Getting to court can take several months. D.C. takes even longer and is more arduous than neighboring jurisdictions like Maryland or Virginia. Accordingly, alternative dispute resolutions incentivize both sides to resolve the case. The most common one, of course, is settlement. Your third option is taking the defendant to trial. This may be the only option if there is a dispute over liability and who is at fault. Fortunately, this is something we handle all the time.
The aftermath of a dog bite can leave victims feeling overwhelmed and angry. Pursuing compensation from a negligent pet owner is one way to recover compensation and a sense of justice. Attorney Roger Gelb is available to help people throughout MD, VA, and Washington D.C. as they set forth their legal rights following an animal attack. If you would like to learn more about the specifics of your case, you can contact one of our DC Dog Bite Lawyers today.