Dog bites are often compensated for medical, physical, and emotional damages. In most of the cases, the dog owner is responsible for the damages, hence, the owner pays for the compensations. However, in some cases, someone other than the dog owner could also be held liable for the dog bite injury. Here is a lowdown on the possibilities.
Circumstantial Criterion
The jury holds someone other than the dog owner liable for the dog bite injury if:
- The age of the dog owner is less than 18 years.
- Someone, other than the owner, was controlling the dog at the time of incident.
- The landlord of the dog owner was aware of the dog’s biting habit but did not do anything in this regard.
- Someone other than the dog owner trained the dog.
What is Harboring or Dog-Keeping?
Dog-keeping refers to controlling the dog while the owner is not available. The owner may hire a dog-keeper for routine services or occasionally when the owner is away. In either case, the keeper is responsible for the dog bite injury if the owner was not available at the time of the incident. Harboring means giving refuge to a dog or doing something more than providing meal to the dog. Dog-keeping is different from harboring in a way that the dog-keeper is allowed to control the activities of the dog with or without the consent of the owner.
In this case, the court will evaluate the status of the dog-caretaker. If the person is dog harborer, then the availability of the dog owner will be evaluated. Dog harborer will be held accountable if the dog owner was not available at the time of incident. If the person is a dog keeper, then the court will evaluate whether the keeper controlled the dog with the consent of the owner or not. If the owner’s permission or consent is found to be negative, then the keeper will be held liable for the dog bite injury.
18 Years Age
When the owner of the dog is less than 18 years of age, the court holds the parents of the owner liable for the dog bite injury. In some states, the court decides equal liability for the parents of the owner as it would have decided for the owner, had the owner been 18+ years of age. However, in some states, the court issues softer decisions for the parents of the dog owner, as the parents are not directly involved in the incident.
Property Owner
A neighbor, watchman, landlord, or anyone, who knew about the biting habit of the dog and allows the dog to stay in the property, will be held liable for the damage.
Bite by the Employer’s Dog
Employees can apply for worker’s compensation claim in case of a dog bite. If the employer’s dog bites a person, then chances are that the victim will apply for the worker’s compensation claim only. However, the victim may seek options for better settlement.
In damage claims, the options for increasing the settlement money are many. An advisor can guide you about the possible options that you have.
Contact Robert T. Edens, P.C. at 847-395-2200 or online today for scheduling a free consultation or discussing your auto accident settlement needs.