Common Defenses When An Individual Is Bit By A Dog

Dog bite incidents are traumatic. They can result in physical injuries, mental distress, and financial strain. In many cases, victims believe that their legal claim is straightforward. However, owners of dogs and their attorneys may try to minimize or even avoid liability. The victims of dog bites in Denver can benefit from understanding these common defenses. They can then work with an experienced attorney to navigate the legal procedure and obtain fair compensation. Here, we will discuss the typical defenses to dog bites and how a skilled attorney can counteract them to protect the victim’s rights.

1. Provocation

A common defense in dog bite cases is that the victim provoked it. Provocation is behaviors like taunting, hitting the dog, or startling it. Suppose the dog owner can prove that the victim was the one who provoked the canine. In that case, liability may be reduced or eliminated.

Countering Provocation

A Denver experienced dog bite lawyer can refute this argument by examining the incident’s circumstances. They may use video footage, witness accounts, or other evidence to show that the victim didn’t provoke the attack or that the animal overreacted.

2. Trespassing

Dog owners are generally responsible for ensuring their dogs don’t hurt anyone. In cases where the victim is trespassing, the owner might not be held responsible. Property owners have only a limited duty to care for trespassers. The defense is especially strong if the owner keeps a dog as a protection animal.

Countering Trespassing

A Denver dog attack attorney can demonstrate that the victim’s presence on the premises was lawful, such as delivering the mail or retrieving a lost item. Colorado law also may hold the dog owner responsible for an attack that occurred because of extreme negligence.

3. Lack Of Knowledge About The Dog’s Aggression

Some states refer to this as the “one-bite rule.” This defense says that the dog owner is not responsible if the dog has no history of aggression or biting and the owner does not have any reason to think the dog is dangerous.

Countering Lack of Knowledge

Colorado doesn’t strictly follow the “one bite” rule. However, proving a prior dog’s aggression can help a victim. A dog bite attorney Denver can investigate a dog’s previous history by speaking to neighbors or reviewing records from the vet.

4. Comparative Negligence

Colorado uses a modified relative negligence rule. This allows liability for the incident to be split between all parties. The dog owner could argue that the victim’s actions, such as ignoring warnings from the dog or approaching it despite its aggression, were responsible for the attack.

Countering Comparative Negligence

An attorney’s job is to minimize a victim’s percentage fault by showing that the dog owner was not acting reasonably. For example, if a dog is not properly restrained or displays aggressive behavior. At the same time, in a publicly accessible area, the owner’s negligence would likely outweigh any actions the victim took.

5. Dog Was Acting In Defense

Dog owners could argue that their pet acted in self-defense or protected its owner, house, or family. The owner who can demonstrate that the dog perceived an actual threat will be exempt from liability.

Countering Defense Behavior

A Denver dog attack lawyer can claim that the victim’s actions were disproportionate and that the dog was the aggressor. They could present evidence that the dog’s aggression was unprovoked and stemmed from poor control or insufficient training.

6. Statute Of Limitations

In Colorado, if the dog bite occurred more than two years ago, the victim has two years to bring a lawsuit. Owners may try to avoid liability by arguing that they were not notified of the claim within that period.

Countering Statute of Limitations

An attorney can ensure that claims are submitted promptly and that victims will not lose the right to compensation if deadlines are missed. If extenuating factors exist, such as the victim’s age or lack of knowledge about their legal rights, an attorney may be able to argue that there are exceptions in the law.

Conclusion

Dog bite cases can be much more complex than they first seem, as attorneys and owners may try to present different defenses to reduce or deny liability. Denver’s victims of dog bites can overcome all these challenges with the help of an experienced attorney.

A thorough investigation can discredit common defenses. Strategic legal arguments, along with compelling evidence, will help to ensure that the victim’s injury and suffering are acknowledged. Consult an attorney if you have experienced a canine bite. They will assist you to get justice and defend your legal rights.

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