If you have been the victim of a dog bite in Luzerne County, you can file a claim against the animal's owner(s) after being attacked.  In some cases, you might be able to file suit against additional parties as well.  The defendants in these cases are going to raise several defenses of their own. If you are filing a dog bite claim, it is important to know what the potential defenses are, so you can prepare to refute them.

The Dog Escaped from a Properly Fenced Yard

This is one of the more difficult defenses to raise because dog owners are expected to maintain control over their animal at all times. However, if the dog owner can show that they had a proper fence to restrain the dog, but the animal escaped anyway and injured someone, it may shield them from some degree of liability. This is due to the fact that the dog owner did not violate the leash laws of the state.

You Were Trespassing at the Time

Generally, dog owners are shielded from liability if someone is trespassing on their property and their dog bites them as a result. The law recognizes that property owners, and their dogs, have a right to protect their premises and so trespassers usually cannot file a dog bite claim.

You Provoked the Dog

Provocation is one of the most common defenses used in dog bite claims.  Even if you are not on the dog's property, if you provoke the dog in any other way, it can provide a defense for the dog owner. For example, if you hit the dog or teased it, the dog could become aggressive or violent because of your actions.

You Voluntarily Assumed a Risk of Being Hurt

This defense is typically used when a dog bites someone that are caring for it, such as a dog walker. These parties sometimes voluntarily assume a risk of being hurt. A dog owner may warn a dog walker that the dog is aggressive and should be muzzled. If the dog walker did not follow those instructions, they assume a risk of being hurt and that could serve as a defense.

CONTACT US TODAY

If you or a loved one have been injured as the result of a dog bite, call Sklarosky Law today at (570) 283-1200 or use our online contact form and tell us about your potential case.  Car accident claims can be complex and challenging.  Do not wait, call us today so that we can help you obtain the financial compensation you may be entitled to.