If you or a loved one has been bitten by a dog, get immediate medical treatment and call Jack I. Hyatt 410-486-1800 for immediate help so your case can be directed in the very best direction.
Dog bite cases are very special cases and rely upon a specific group of city and county ordinances, state statutory law, state case law, and legal principles that result from specific lawsuits within the state, the common, legal principles resulting from specific lawsuits from throughout the United States, usually as reported in authoritative legal works.
Most states hold a person responsible for their own negligence, intentional conduct, and reckless or outrageous behavior. Keeping a dog that previously bit a person or exhibited a tendency to someday bite a person is called "strict liability". In all state law strict liability states, the dog owner will be held liable upon the additional ground that he was the owner of the dog that inflicted the bite, and without regard to whether he was negligent or anything else. Some strict liability statutes include whoever had custody of the dog as well as its owner, non-bite injuries as well as bites, and provide for additional compensation if the dog previously bit a person. Many dog bite statutes combine concepts of negligence, common law strict liability, and violations of local law. If you have quesstions call Jack I. Hyatt 410-486-1800
Identify the dog. In an extremely serious case, this might entail obtaining and analyzing a DNA sample, which would require an attorney's involvement.
Get the name and address of the owner of the dog, if possible. If you can, obtain the dog license information.
Get the name, address and telephone number of any potential witnesses. You may have to return to the accident scene, and knock on the doors of nearby homes and businesses.
You also should revisit the scene of the accident several times at the same time at which the accident took place, because people may have a habit of going to the same places as part of their daily routine.
If possible, obtain insurance information from the dog owner.
Take photos of all of your wounds, bruises and bloody clothing.
If possible, obtain insurance information from the dog owner.
If skin was lacerated or worse, or if the injury was to the face, or if the victim was a child, you can and should talk to a lawyer for free. To learn more about getting an attorney, see Does an Adult Need a Lawyer for a Dog Bite Claim? or Should Parents Get a Lawyer for Their Injured Child?
Call Jack I. Hyatt at 410-486-1800. The laws of most cities, counties and states permit local authorities to determine whether a dog is dangerous and, if so, the fate of the dog. Often this is referred to as a "dangerous dog hearing," but it goes by other names as well. Because "dog court" procedures may unintentionally compromise the victim's rights, she should not communicate with animal control authorities until her lawyer reviews the city and county ordinances, obtains the department's commitment as to which laws and procedures they will be following, and is satisfied that the issues addressed below will be resolved fairly. If the victim receives a subpoena, her testimony is required, making it even more important to immediately consult with an attorney -- because a subpoena must be obeyed, to its letter. (See Dog bite victims need an attorney for "dog court.")
The victim must never do the following:
Get your lawyer started while the facts are fresh! The facts of your claim have to be proved; the extent of your injuries have to be established. As obvious as the facts and injuries might be to you, they will not be obvious to an insurance adjuster sitting at a desk in an office building a few weeks or months after the attack. Furthermore, doctors are more interested in healing you than proving the nature and extent of your injuries to an insurance company, so the proper documentation must be requested from them at the proper times. Your attorney will get the necessary evidence and monitor your medical treatment, so that the insurance adjuster will understand exactly what happened, and will give you an adequate sum of money, if possible.
Do not sign anything! Yes, you normally can sign the hospital admission paperwork (provided that you were not bitten in the hospital itself). However, sign nothing presented by any insurance company, the owner of the dog, or the landlord or other owner of the property where the attack took place. Do not write to, or make a report for, any insurance company, dog owner, or landlord or other property owner.
Do not hesitate to consult an attorney! There are laws called "statutes of limitations." They say that you lose all of your rights unless you file a court case within a certain amount of time after sustaining a bodily injury. Therefore, call a lawyer as soon as possible. If you have quesstions call Jack I. Hyatt 410-486-1800
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