Dog bites and attacks are extremely frightening and traumatic experiences, especially when the injured person is a child. Not only are you left with painful wounds, but the journey to overcome the psychological damages can be long and difficult.
State laws protect residents by allowing them to pursue payment from the dog’s owner when the animal causes them harm. A few options are available, and choosing the appropriate system requires a thorough investigation and evidence analysis. Contact a hard-working dog bite attorney at A.W. Smith Law Firm for help and to learn more about determining dog bite liability in Boonville.
The laws adhere to two primary legal theories when determining liability in lawsuits resulting from dog bites and animal attacks: negligence and strict liability. Negligence refers to the pet owner’s failure to exercise the same care to protect the public that any reasonable person would in the same situation. An example is building a claim that shows the court the injured would not have sustained harm in the attack if the owner had taken reasonable actions and precautions to prevent the dog from escaping the yard and attacking people.
Another significant element of negligence is foreseeability, meaning the owner knew or should have known the risk and prevented the dog from biting or attacking the injured person. An attorney at A.W. Smith Law in Boonville could investigate and evaluate the evidence and circumstances to determine which type of dog bite liability claim is appropriate.
When dog bites occur without taunting or provoking the animal, state laws follow a strict liability rule, which requires the pet’s owner to pay monetary damages. The civil court will hold them legally and financially accountable even when there is no history of aggression or attacks on other people or animals.
The claim must establish specific elements to win an award for damages. First, the case must prove that the defendant owned or had control of the dog when the attack happened. Second the animal attacked, causing a person bodily harm.
It is essential to note that when the defendant’s case proves the attack occurred in response to the plaintiff harassing, provoking, or while they were trespassing, the court may determine their actions contributed to the attack. That could mean they decide there is no cause for a settlement, or they may reduce the award based on the comparative negligence rule. Many factors play a role in determining dog bite fault in Boonville, and A.W. Smith Law Firm can help you hold the responsible party financially accountable.
The state civil laws follow a modified comparative negligence system when the court finds that the plaintiff’s actions may have contributed to the attack. Per the guidelines of the Revised Statutes of Missouri § 537.765, the person injured by a dog bite or attack can still recover compensation if the civil court determines they are partially responsible for the incident, as long as their fault is less than the dog owner’s.
The modified comparative fault rule means the plaintiff in dog bite cases must be less than 50 percent at fault for their injuries. The court reduces the award for damages by the percentage of the plaintiff’s liability. The doctrine is complex and can substantially affect the settlement amount. After reviewing the case, one of our experienced lawyers could determine dog bite or attack liability in Boonville and help build a solid case to win a fair settlement.
Determining fault and navigating the civil court process to collect a just award for damages is challenging and often requires overcoming hurdles. While there are a few options for collecting damages to cover your losses, a careful case review is necessary to determine which will help you win the maximum potential settlement amount.
Call a seasoned lawyer at A.W. Smith Law to schedule your free consultation to review your case and options. Our office works on a contingency basis, and you will only pay for the legal fees if you win an award.
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