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Factors That Affect Dog Bite Cases in Alabama
Although many dogs are gentle and friendly, when a dog bite or attack occurs, the aftermath can be devastating. If you’ve suffered a dog bite in Alabama, it’s important to understand the factors that can impact your case. At Moore Law Firm, our personal injury attorneys are well-versed in Alabama dog bite law and help clients understand all aspects of how it may be applied.
Alabama Dog Bite Laws
Dog bite laws vary by state, so it’s vital to find out how the law may affect your case in the jurisdiction where the bite occurred. Understanding dog bite laws in Alabama can be tricky, as the concepts of strict liability or the “one bite rule” may apply, depending on the circumstances.
Strict Liability
Under the legal concept of strict liability, if someone is bitten on a dog owner’s property, they would likely be liable for economic damages such as medical bills and other injury-related expenses. However, strict liability may not apply if the injured person was trespassing or provoked the dog in some way. In jurisdictions where breeds like pit bulls are banned by law, an owner of this type of dog would be strictly liable for damages and could be subject to criminal charges as well.
The One-Bite Rule
If a dog bites someone who’s not on the owner’s property, the one-bite law may apply. This means that if the owner was unaware of their dog’s propensity to bite or attack, they may not be liable for a victim’s injuries. However, if the dog has already bitten someone else or displayed aggressive or violent behavior and the owner knows or should have known about it, they could be on the hook for damages.
To recover compensation for injuries, a victim must show that the dog exhibited aggressive behavior before an attack. Some potential evidence that could prove a case like this includes:
- Police or animal control reports documenting other bites
- Citations or warnings issued to the owner
- Witness statements
- Photos or video footage of aggressive behavior
- The dog was deemed dangerous by a court under Emily’s Law
Cases involving the one-bite rule are often more complex than those involving strict liability, so it’s vital to find a dog bite law firm with experienced attorneys.
Negligence
If a dog owner failed to take reasonable precautions to prevent a bite or attack, it could be considered negligence. For example, if a town has leash laws that require a dog to be restrained in public and the owner lets their dog run around loose, they could be liable for damages.
However, Alabama applies the concept of contributory negligence in personal injury claims. This means that if the person who was bitten is found to be even partially responsible for their injuries, they may not be able to recover any damages.
Compensation for Injuries and Damages
The severity of a victim’s injuries and the impact the attack has had on their life can affect the type and amount of damages they may be entitled to receive. In cases involving a dog that was never aggressive before, a victim may only be able to recover actual damages like medical bills and lost wages. If it is proven that an owner was aware of a dog’s aggressive propensities or that their negligence caused injury, a victim may be able to recover non-economic damages such as pain and suffering or punitive damages if a dog owner’s conduct was particularly egregious.
Effective Legal Representation
Although it’s possible to bring a claim against a dog owner without a lawyer, having a dog bite attorney represent your interests significantly increases your chances of obtaining maximum compensation. Laws pertaining to dog bites can be very confusing for someone who has never been involved in a dog bite claim before. An Alabama dog bite lawyer can help you understand how the law applies to your case and advise you on all the options that may be available to you.
In addition, dealing with insurance companies can be daunting. Unfortunately, insurers usually offer minimal settlement amounts or may deny your claim. Your dog bite attorney handles all communications and negotiations with insurance companies and fights to help you obtain the full amount of compensation you need and deserve.
Other Factors May be Relevant to Your Case
There may be additional factors specific to your situation that could affect the outcome of your dog bite claim. Having a personal injury attorney in Mobile evaluate your case won’t cost you anything. Finding out if you have a viable claim and seeking advice about the most effective way to proceed can give you peace of mind and ensure your rights are protected.
Contact A Dog Bite Attorney in Mobile, AL
If you or someone you love has been injured by a dog or another pet, our dog bite lawyers at Moore Law Firm can help. We stay abreast of the latest developments in dog bite law and have represented more than 15,000 personal injury clients in Alabama over the past 35 years. Call us at 251-445-7602 or contact us online to schedule a free consultation today.