Dog bites are a common occurrence across America, with approximately 4.5 million incidents reported each year. While some dog bites are minor, others can cause serious injury or even death. In the event of a dog bite, the owner of the dog may be held liable for the victim’s injuries. However, dog owners often attempt to avoid liability by using rare defenses.
Dog bite lawyers in Aurora are experienced in handling these defenses and can help victims receive the compensation they deserve. Read on to learn more.
The Top 3 Rare Defenses to Dog Owner Liability
There are several defenses that dog owners may use to avoid liability for a dog bite. These defenses are rare and difficult to prove, but they can be effective in some cases. The following are some of the rare defenses that may be used by dog owners:
One of the rare defenses that dog owners may use is that the victim was trespassing on their property. If the victim was not invited onto the property, the dog owner may argue that they were not responsible for the victim’s injuries. However, this defense is unlikely to succeed if the victim was lawfully on the property, such as a mail carrier or delivery driver.
Another rare defense is that the victim provoked the dog. If the dog owner can prove that the victim was taunting or attacking the dog before the bite occurred, they may be able to avoid liability. However, this defense is difficult to prove, and the victim’s behavior must be extreme to warrant a dog bite.
Assumption of Risk
A third defense is that the victim assumed the risk of being bitten by the dog. This defense is often used in cases where the victim was aware of the dog’s aggressive behavior and chose to interact with the dog anyway. However, this defense is rarely successful, as the dog owner still has a duty to prevent their dog from causing harm.
Defeating Rare Defenses to Dog Owner Liability
While rare, these defenses can complicate a dog bite case, making it difficult for victims to receive compensation for their injuries. However, an experienced Aurora Dog Bite Lawyer can help victims defeat these defenses in court. The following are some strategies that dog bite lawyers in Aurora may use to defeat rare defenses:
Evidence is crucial in any dog bite case, but it is especially important when dealing with rare defenses. Dog bite lawyers in Aurora will gather as much evidence as possible to support the victim’s case. This may include witness statements, medical records, and photographs of the injuries.
Expert testimony can be useful in defeating rare defenses. Dog bite lawyers in Aurora may call upon animal behaviorists to testify about the dog’s behavior or medical experts to testify about the victim’s injuries. This can help refute claims of provocation or assumption of risk.
Negligence is often the key to defeating rare defenses. Dog bite lawyers in Aurora will argue that the dog owner was negligent in preventing the dog from causing harm. For example, if the dog was not properly restrained or supervised, the dog owner may be held responsible for the victim’s injuries.
Dog bites can have serious consequences, and victims deserve to be compensated for their injuries. However, dog owners may attempt to avoid liability by using rare defenses. Dog bite lawyers in Aurora are experienced in handling these defenses and can help victims receive the compensation they deserve. By gathering evidence, calling upon expert testimony, and arguing negligence, they can defeat rare defenses and hold dog owners accountable for their actions. If you or someone you know has been the victim of a dog bite, contact your trusted dog bite lawyer to learn more about your legal options.
Are you in need of a dog bite attorney? Eames Law Group specializes in personal injury cases that are well-suited for your needs. Contact our team today!