In case of a dog bite, the responsibility may not always reside with the dog owner. There can be cases in which the dog owner is not really the reason behind the dog bite. In such cases, if the bitten person moves the court against the dog owner, he can prove himself to be clear on his part by the following defenses. But always these should be in agreement with the dog bite law of the state.
- If the victim was careless even though he knew the risk involved and he got bitten by a dog, the dog owner can put forward this defense against the victim. If the owner had put up a ‘Beware of dogs’ board but the victim did not heed the warning, then the owner cannot be held responsible. Also the victim cannot sue if he was attacked during a professional grooming or boarding business.
- In case of the victim provoking the dog, the owner can escape liability. If the victim had provoked the dog intentionally or unintentionally, the owner can take it as his defense against the victim. If the dog was teased, tormented or hit by the victim, the situation is very clear and the dog owner cannot be held responsible for the bite. Sometimes the disturbance caused to the dog might be entirely unintended like invading its space, food or stepping on its paw. In such cases the dog owner is not liable. But still there are chances for it depending on the individual cases and the state laws.
- If the victim of the dog bite was trespassing a property illegally while he got bit, the owner is not liable. This defense can be so strong if the victim had intended burglary or any harm by trespassing. But if it was a child or an adult who entered the property without any wrong intention, the outcome may be different.
Since there have been several cases of dog bite in which the owners were negligent, it is necessary for the responsible dog owner to prove that the dog had bitten for a legitimate cause. Also the dog owner must take precautions like posting warning signs, locking the gate and putting the dog out of range if they are insecure. But in case a dog bite happens, a dog attack lawyer can help in the dog bite settlement. The attorney that Specialize in dog bite cases can help the owner understand the legalities involved and the norms specified in the state law.
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