Types of Animal Bite Cases
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 some states, your legal rights can vary depending on the type of animal that bit you. If you have suffered a dog bite or other animal bite injury, contact an attorney to determine your rights. A personal injury lawyer who has experience with cases involving dog and animal bite injuries at Will Ferguson & Associates in Albuquerque, New Mexico can advise you on your state’s laws.
Dogs
The most common animal bite cases involve dog bites. Most states have enacted dog bite statutes that impose strict liability on dog owners for injuries caused by their pets. This means that the dog owner is responsible for any injury caused by his or her animal whether or not the owner had prior knowledge that the dog was dangerous or had the potential to injure someone.
In jurisdictions that do not have dog bite statutes, it can be more difficult for those injured by dog bites to prove their cases. The plaintiff has the burden of proving that the dog owner knew or should have known that his or her dog was vicious and could injure someone. Proving the owner’s knowledge can be a difficult task, but not an impossible one. The owner’s knowledge may be imputed by statements made about the dog to others, such as warning them to stay away from the dog, or by actions, such as keeping the dog confined or muzzled.
Horses and Other Domestic Animals
Most states do not have strict liability statutes for injuries caused by domestic animals other than dogs. As a result, injuries caused by domestic animals generally are treated as negligence actions. For example, if you were injured when a horse kicked you, you would need to prove that the owner knew or had reason to know the horse had dangerous tendencies that could harm someone. This knowledge could be inferred by warnings to others that the horse kicks or past incidents of the horse injuring another person.
Wild Animals
Wild animals are considered inherently dangerous and uncontrollable and people who own or keep wild animals are subject to absolute liability. This means that they are liable for any injury or damage caused by their wild animals regardless of their knowledge of the animal’s dangerous propensities or any measures they took to prevent harm.
In general, wild animals kept by the government for education or entertainment purposes, such as a zoo, are not subject to absolute liability. Rather, standard rules of negligence apply. However, some states apply strict liability to injuries caused by wild animals at zoos if the zoos are held in a public park or if the maintenance of the wild animals is a private and not government function.
Conclusion
The type of animal that injures you can affect your legal rights. To find out if your state has dog bite laws or other animal-specific laws, contact Will Ferguson & Associates in Albuquerque, New Mexico to speak with an attorney experienced in animal bite cases.
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.