The Seriousness Of Dog Bites/Dog Law
Most municipalities and cities have a very stringent dog bites/dog law, especially if the dog in question has bitten more than once. There are a number of exceptions in each municipality or city though, especially in relation to the military use of dogs and, of course, the various dogs that perform police work. Should any of these dogs bite someone while performing their duties in the military or for police work; these instances will be excused from the various dog laws pertaining to dog bites.
Many of the various dog bites/dog law statutes cover what will happen to a dog that bites a human being out of the blue, for no apparent reason. If the animal control department follows up on the matter, then sometimes there are stipulations given to the owner if he or she is to keep the animal. For instance the dog may have to be kept in a fenced area that is totally escape proof, or the law may stipulate that a certain kind of leash must be used on the dog if it is taken outside its own perimeter. Should the dog escape, or if the owner is not doing what he has been told, most animal control departments are given the right to take control of the dog, and perhaps even have the right to have it put to sleep.
When a case goes to court due to the results of dog bites, there are times when the victim goes through tremendous anxiety brought on by the attack, and may even evince a terror of dogs. Some victims relive the attack, in a post-traumatic stress, or may even have nightmares about the attack. In such cases, the courts will sometimes order the dog owner to pay restitution to the offended party. Some states though, limit the amount of money that a victim may recover for the emotional stress brought on by the dog bite.
There is also dog bites/dog law that occasionally applies to the bystanders of a dog bite. For instance if a parent has to see their baby bitten by a dog, when there was no way to protect the child, then some dog bite laws may stipulate some kind of emotional distress restitution.
Many states and jurisdictions make exceptions though if the animal was unduly provoked, or if the dog bit someone who transgressed in an illegal manner on the property that the dog was to protect. For example, if guard dogs guard a compound in the night, and a burglar climbs a fence that is obviously posted about guard dogs being present, and he gets bitten, the owner will not have to pay anything because the dogs were doing their job and it was clearly posted that guard dogs were present.
For more information, please call dog bite law expert, attorney John Donahue at: 1-888-7DOGBITE (1-888-736-4248).
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