Wednesday, July 16, 2008

Who Should be Blamed When you are Bitten by a Dog?

There is an all-time saying that “Dogs are men’s best friends.” And they truly are great pets. They are loyal to their master; they are playful; and they will never leave your side.

For me, a dog-lover, dogs are easy to predict. I can tell their mood by their tails and their actions. When they are wagging their tails, it means they are happy and they want to play with you. If their tails are erect and they are leaning forward, they are angry and alert. Finally, if their tails are curled up and they are stooping, it means they are scared.

But for some people, dogs are dangerous and should be kept captive. Being bitten by a dog is no joke. You can be hospitalized for several days due to broken bones, abrasions and punctures. Being bitten by a dog with rabies can even kill someone.

Dog bite is one of the most common issues in personal injury lawsuits. Victims of this accident usually sue the owner of the canine for the damages they incurred like medical bills and attorney’s fees. Dog owners get sued because they have been negligent in taking care of their pets. If they have performed the necessary caution of hiding or restraining their pets, accidents like this can be prevented.

However, there are times when the awarded damages given to the victims are lessened by the court because of their “contributory negligence.” Sometimes, victims are also responsible for the accident when they have not performed that decree of care and caution that an ordinary man is expected to perform.

In both cases, the parties have the burden of proving the negligence of the other party by presenting sufficient testimonial and documentary evidence in their favor. It is then the right of the other party to challenge and rebut this evidence.

In determining who is to be blamed for the accident and the amount of damages to be claimed, the owner and the victim must first consult with a lawyer who handles Personal Injury cases, more particularly those of Dog Bite Accidents.

By speaking to a lawyer before taking any legal action, the victim or the pet owner would find out whether they will pursue their case or not.