Understanding Strict Liability Rule in Animal Attack Cases | Malnar Injury Law | Personal Injury Lawyer in Colorado Springs

Understanding Strict Liability Rule in Animal Attack Cases

by | Jul 12, 2017 | Blog

The strict liability rule is often used in cases involving dog attacks, which holds the dog owner strictly liable for the actions of their dog. Under the strict liability rule, if the dog or animal attacks or bites another person, the owner will be held responsible for the actions caused by the animal.

What is the Strict Liability Rule?

In case an animal attacks or injures another individual, the animal owner is held responsible. The strict liability rule also holds true in cases where the owner was not aware of the fact that their pet could prove to be dangerous. Even if the owner was not at fault, and was not negligent about the animal in any way, the owner will still be held responsible if their animal harmed someone.

The theory behind the strict liability rule is that animal owners must be held responsible for any injuries caused by their animal. The victim should not have to bear the cost and expenses suffered as a result of the animal attack. The owner must bear the risks if their animal attacks another individual.

Strict Liability for Dog Attacks

The use and application of strict liability rule is set out under dog bite statutes. Most states use strict liability rules in case of dog bites and attacks. These rules may apply in cases of other animals. The statute lays out the requirements relating to dog bites and animal attack incidents. For example, it states that the liability will only be true in cases when the injured person was not provoking the animal and that the attack occurred in a lawful place.

How to prove strict liability?

In order to prove strict liability, the victim has to show that he or she was attacked or injured by the type of animal which is designated in the statute. The victim is also required to prove that the defendant is actually the dog’s owner. Thirdly, the victim has to prove that he or she did not provoke the animal which resulted in the attack. The victim must show that they were going about their business in a lawfully permitted location, even if it was the dog owner’s property, a park or side walk, when the dog attacked them. In most cases, proving these points is quite simple.

When are strict liability laws applicable?

Strict liability laws may only apply to dog bites. However, in some cases, they may also apply to other types of attacks, such as if the dog jumped on the victim, causing them to fall. The application of the statute in each case will depend on the particular wording in the relevant statute.

Damages in strict liability cases

Damages that are covered in strict liability dog bite cases include medical expenses which the victim pays as a result of being bitten by the dog or animal. A lot of states also allow for the collection of psychological damages suffered as a result of the dog attack. The victim may feel afraid of all dogs after the attack and may seek therapy in order to recover from the traumatic experience.

Getting legal assistance

In order to understand your rights in strict liability cases, it is advised to contact an injury attorney who can handle dog bite cases. Discuss the possible defenses to strict liability cases as well as the legal claims that you can file against the dog owner with your attorney. Your attorney will help come up with legal strategies that apply in your particular case.

Author Bio:

William J. Margolin is a highly qualified and dedicated Illinois Criminal & DUI defense Lawyer who can help you in your time of need in your case.