Proving Knowledge of an Animal’s Vicious Propensities
If you or your child was bitten by a vicious animal, it is important to take immediate actions to ensure you recover full compensation for medical expenses, trauma and other losses. Contact our Albuquerque firm, Will Ferguson & Associates, for a free consultation and case evaluation.
In states without dog bite statutes or in cases where the injury was caused by a domestic animal other than a dog, the injured person generally must prove that the owner knew or should have known of the animal’s dangerous propensities in order to recover damages.
Below are examples of some of the factors that may be used to establish an owner’s knowledge of his or her animal’s vicious propensities and the types of behavior that indicate an animal could be dangerous. Your attorney will be able to discuss in depth which of these factors and others not mentioned here can be used to prove your case. Contact Will Ferguson & Associates in Albuquerque, New mexico to discuss the merits of your case with an experienced personal injury lawyer today.
Acts Imputing an Owner’s Knowledge
If the animal does not have a history of biting or injuring people, it may be more difficult to prove the owner knew or should have known of the animal’s dangerous propensities. However, some factors that should be considered include:
Owner posted warning signs on his or her property Owner gave verbal warnings to visitors and others about the animal Owner kept the animal for protection, like a watchdog Owner frequently kept the animal confined or muzzled Owner received past complaints about the animal Owner made past comments about the animal, like concern over its poor behavior
Examples of Factors Showing Dangerous Propensities
An animal can exhibit certain behaviors that should put its owner on notice that it may cause harm to another person. These behaviors include:
Snapping or biting Jumping or chasing people Excessive barking, hissing or other threatening behavior towards people Fighting with other animals
The animal does not need to exhibit any of these behaviors in an aggressive manner in order for them to be evidence of dangerous propensities. For example, if the dog jumps on strangers because it is happy to see them or chases people in play, these behaviors can still be considered dangerous because it is foreseeable that a dog jumping or chasing someone could hurt them, whether intentionally or not.
In general, the breed of the animal normally is not enough to show the animal has dangerous propensities. However, the breed may be considered in addition to other factors. Thus, just because the dog is a Doberman Pinscher would not put an owner on notice that his or her animal has dangerous propensities. However, the fact that the dog was a Doberman and kept as a guard dog may be sufficient to prove the owner should have known the dog would be likely to attack.
Contact an Attorney Today
In preparing to meet with an attorney regarding an animal bite or attack, consider all of the above factors and speak to people in the community where the animal lives to learn more about the animal’s past. An experienced personal injury attorney can assess your situation and discuss your right to compensation for your injuries. Contact Will Ferguson & Associates in Albuquerque, New Mexico to arrange a consultation.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.