How to know if you have a good case
To figure out whether you have a good case, one must consider three basic elements: liability, insurance, and the extent of the injury.
The first issue is whether the law makes anyone legally liable for the incident. If the state where the incident happened has a dog bite statute, generally the answer is yes, but not always. If there is no dog bite statute, sometimes there is a local ordinance (in the city or the county or both) that makes the dog owner, harborer or keeper legally liable. If there is no dog bite statute or dog bite ordinance at the city or county level, however, the victim has to establish liability by proving one of three things:
- That the dog previously bit another person or acted like it wanted to, and that the dog owner, keeper or harborer knew about it.
- That a third party was negligent in some manner, and the negligence caused the incident to happen.
- That a third party violated an animal control law like a leash law, and the violation caused the incident to happen.
The second question is whether the legally liable person is covered by a homeowners insurance policy or a renters insurance policy, assuming that the victim is not trying to bring a claim against a landlord, a governmental agency, or anyone other than an individual. If there is insurance coverage, the victim can retain an attorney to obtain proper compensation for a serious injury, and can be reasonably assured of a small recovery for a minor injury. If there is no insurance coverage, however, the victim rarely can retain a lawyer because of the improbability of collecting enough money to adequately compensate both the victim and the attorney; even the victim's chances of a small recovery are minimized.
The third issue is whether the amount of compensation at stake is great enough to support the effort required to obtain it. Establishing liability and the availability of insurance coverage do not make the effort "worth it" if the eventual recovery probably will not exceed the cost, effort, and emotional strain of pursuing the case. The net recovery must be greater than the sum of these parts.
The issues of liability, insurance coverage, and probable net recovery can be difficult to resolve; indeed, it is rare for the answers to be apparent, and for the journey to be without pitfalls and unexpected detours. Dog owners can invoke defenses like provocation, assumption of the risk, and trespass; their insurers can rely on exemptions, exceptions, and policy definitions that sometimes are very controversial. Additionally, there are many related processes that must be undertaken in dog bite cases. For example, third parties who supplied medical treatment or paid the costs of treatment usually demand reimbursement, a victim's settlement can have tax consequences especially if it is invested, and almost all injured minors have to make a court appearance when the case is over. When the dog owner is insured, his defenses come from the experience of thousands of adjusters and lawyers – formidable opponents of the dog bite victim.
To obtain an adequate review of a case, therefore, the victim must obtain the services of an experienced lawyer. Fortunately, attorneys who handle such cases in the USA usually provide a free consultation to review the basics.
