Can you recover damages from an animal attack? When people think of Personal Injury cases, the most common answer people think of first is car wrecks. Most people are not aware that an animal attack is a recoverable personal injury claim. There are many elements that go into a successful animal attack personal injury case but most start off with the fact of did you incur medical expenses from the attack? Did you have to go to the hospital or even a CareNow clinic or your Primary Care Physician to seek medical attention?
On average there are approximately 4.7 million dog bites per year in the United States alone and on average 800,000.00 of those require medical attention. On average, the most common known dogs to attack are pit bulls, then Rottweiler’s and then averaging about 27% of the attacks involve non-Pitt bull or Rottweiler attacks. Did you know that dog attacks can even incur from the cute and innocent Chihuahua breed?
There are many types of wounds that may occur from a dog attack. Some of the most common injuries caused by dog attacks are as follows:
- Puncture Wounds
- Fracture or Dislocation
- Scarring or Disfigurement
The above list only specifies that of actual physical injuries from a dog attack. What about that of an emotional state of mind or mental impression that can be left from a dog attack? Most common is that of children being affected by the emotional turmoil that would include night terrors, therapy, separation anxiety, and fear of being around dogs again. Even adults have issues with these mental and emotional circumstances from a dog attack.
The most frequent target of a dog attack is in the face, including the lips, nose, and cheeks causing an estimated 44,000 facial injuries seen in the United States Hospitals per year. The next most common is the hands, arms, legs, and feet areas of a person. All of these areas are sensitive areas and the wounds can result in disfiguring scars that can have lifelong consequences from both a physical and emotional standpoint. More so with our small or young children experiencing these kinds of injuries. Especially since we are discussing scarring; facial scars and scars on other parts of the body can require and more than likely do require repeated painful and expensive plastic surgeries to try and reduce or remove the scar altogether.
What happens if you get attacked on the leg from a dog and you have tattoos on your leg? Can you recover damages for your tattoo repair? Would you be able to request compensation for your tattoo repair or surgical repairs from disfigurement? What about obtaining a tattoo to cover up the scar tissue from an animal attack? The answer is of course you can. You are entitled to compensation for your damages.
There are several different types of scenarios that can play out when dog attacks occur. What if you are walking your neighborhood and a dog is out and on the lose and attacks you? Or your neighbor’s dog gets out of his fence and comes into your yard and attacks you or your child? More common than not, most dog attacks occur from being invited over to a friend or family member’s home, and then all of a sudden; their dog attacks you. What do you do? Most people do not want to cause a family member or friend any harm and take the chance of having their dog put to sleep for an attack so no one says anything or requests compensation unless it’s a severe attack or unknown dog owner. However, many people can recover from an animal attack.
Most people carry homeowner’s insurance for this very purpose so it is not an out of pocket expense for your family or friends. Just as important as it is to have your dogs vaccinated and up to date; homeowners of dogs that are more commonly known to be a dangerous breed of dog should have homeowner’s insurance for this very reason. This ensures that in the event of a dog attack, slip and fall, or other premises liability accident happens – they merely have insurance to cover your damages.
Elements of premises liability cases consist of the existence of a legal duty and are generally split into four (4) parts as follows:
- The person attacked was an invitee on the property in question where the incident occurred;
- The Defendant or homeowner exercised control over the premises;
- A dangerous premises condition existed; and
- The Defendant or homeowner had actual or constructive knowledge of the dangerous condition.
Therefore, with the statistics and knowledge that dog attacks do occur more often than people would like to realize; there are steps that you can take to recover your damages. You can always contact our office online or by phone at (817)841-9906 to request your free consultation to discuss your injuries and find out if you can recover from an animal attack.