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How
long do I have to pursue a claim for injuries sustained in a dog
bite?
In
Michigan, for adults, there is a three year statute of limitations.
This means that you have 3 years from being bitten to resolve the
claim or file a lawsuit. Minors have until one year after their
18th birthday to either resolve the claim or file a lawsuit.
Should
I make a statement to the homeowner's insurance company if they
call?
Although
every case is different, you should likely not make a statement
to any insurance representative without at least making a call to
an attorney first. This would likely be the first contact that you
have with the insurance company and it must be handled properly.
Should
I seek medical attention after being attacked by a dog?
If
you or someone that you know was injured, you should immediately
seek proper medical attention. Often injuries can be minimized by
seeking the proper medical attention. It is important that you give
a thorough history regarding the accident to your doctor.
Special
Circumstances Riding a Bicycle You are not just at risk
of being bitten, but you also have a significant chance of being
injured if you hit a dog as it runs in front of your bicycle. It
is best to try to keep distance between yourself and any dogs
I
was watching a dog for someone and he bit the postman, am I liable?
Some
states, in some instances, have ruled that people who only keep
or care for a dog will not be liable for all dog bites occurring
during their care of the dog. The actual owner would be held liable
in those instances.
This
dog did not bite me but ran in front of me while I was driving.
Who is responsible for my damages in the car accident?
A
dog owner may be held liable for damages caused even by a non-biting
dog, particularly in areas where restraint of a dog is legally mandated.
My
child's face will be disfigured from a dog bite, but my friend says
that my child provoked her dog to bite. What do I do?
Each
state may have slightly different laws that pertain to this situation,
but generally, responsibility rests with the owner of the animal..
Even
when you know a dog, it is important to follow basic principles
of safety:
Is
there any type of insurance that would be responsible for my injuries?
Generally,
yes. If the dog's owner has a homeowners insurance policy or renters
policy, those types of insurance would normally protect against
the loss.
How
do I prove my landlord knew another tenant's cat or dog was dangerous?
Your
attorney will know what information is important here. Sometimes,
it is enough to show that the landlord had the responsibility to
know, whether actual knowledge can be shown or not.
What
am I liable for if my dog bites someone?
In
most states, the owner of a dog is responsible for damages if that
dog bites someone. In some states, if a dog is restrained and on
the owner's property, there may be mitigating circumstances.
How
much are my injuries worth?
Every
case is different. There are several factors that go into establishing
the value of the claim. As such, you should call our office as shortly
after the attack as possible to make sure that the claim is properly
handled from the beginning.
Should
I report the attack?
Yes. As soon as possible, report the incident to the local animal
control and/or police department or any other proper legal authority
What
if the dog has no history of viciousness?
It
does not matter whether the dog has former vicious incidents. If
you were bitten, and you were the first person ever bitten by the
dog, you can still proceed with a claim.
Can
I bring a claim if I was petting the dog before it attacked?
Generally, yes. As long as you did not provoke the dog, then you
would possibly be entitled to damages.
Does
it matter if whose property I was on?
No. As long as you are on either public property or legally on private
property, the dog owner could be held responsible.
Should
I take photographs of my injuries?
Yes.
Even if you initially do not wish to pursue a claim, at least you
will have documentation in the event that you later elect to proceed
with a claim.
Even
when you know a dog, it is important to follow basic principles
of safety:
- Ask
the owner's permission before you try to touch or pet the dog.
- Do
not suddenly approach a dog, particularly when you are in its
territory
- Do
not touch or pet a dog that is resting or sleeping -- the dog
should be aware of your approach. ("Let sleeping dogs lie.")
- Be
very careful around a mother dog that has puppies. This
is particularly true if the mother is nursing.
- If
you suspect that a dog is abused or neglected, respect that
the dog may be dangerous.
- Avoid
getting the dog very excited, or engaging in excessively rough
play. The dog's instincts may overpower its self-control.
- After
getting the owner's permission, extend the back of your hand
to the dog and allow the dog to sniff you before you try to
touch or pet it. (Remember - the back of your hand,
not your fingers.)
- Exercise
extra care in small or enclosed areas, where a dog may feel
cornered.
- Do
not stare a strange or threatening dog in the eyes.
- Never
leave a baby or toddler alone with a dog. As mentioned above,
some experts contend that no child under the age of ten should
be left alone with a dog.
- Sometimes
you can get a sense for a dog's temperment even though you don't
know it. If you suspect that a dog may be vicious, respond accordingly.
- However,
even when you think a dog is friendly, if you must approach
a strange dog try to test how the dog will react. For example,
if you are getting a ball or toy from a yard where a dog is
present, get the dog's attention while you are safely on the
other side of a fence to see how it responds.
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