DOG BITE
OVERVIEW
A dog bite can be emotionally scarring as well as physically scarring. A dog bite injury is not one that should be taken lightly due to the sometimes serious nature of the injury. The CDC estimates that 4.5 million dog bits occur each year. Approximately half of dog bite injuries occur on children between 5 and 9 years old. Many of the injuries are to the face and cause disfigurement. Often these injuries happen in familiar places. Our lawyers are well versed in the Alabama Dog Law, and can you help you recover medical, pain and suffering, loss wages, etc.
The laws surrounding dog bites is contained in The Code of Alabama 1975, the relevant statutes are listed below:
Section 3-6-1: Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc.
If any dog shall, without provocation, bite or injure any person who is at the time at a place where he or she has a legal right to be, the owner of such dog shall be liable in damages to the person so bitten or injured, but such liability shall arise only when the person so bitten or injured is upon property owned or controlled by the owner of such dog at the time such bite or injury occurs or when such person has been immediately prior to such time on such property and has been pursued therefrom by such dog.
*This basically means that the dog owner is liable for injury caused by the dog bite if the person bitten was rightfully on the property, and the dog bit without any provocation from the injured party.
Section 3-6-2: When person deemed lawfully on property of owner of dog.
For the purpose of this chapter a person shall be considered to be lawfully upon the private property of the owner of such dog when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws of the United States or the postal laws and regulations of the United States, when reading meters, when delivering milk, when making repairs to any public utility or service upon said premises or when on such property upon the invitation, either expressed or implied, of the owner or lessee of such property.
*This means that a person is lawfully on the property if they were invited as a guest or performing a duty.
Dog owners may also incur liability if they are aware of the vicious propensity of their dog and fail to take proper precautions. It is important to note that Alabama is a contributory negligence state, which means that if you were also being negligent when you were bit your claim could be barred.
If you or a loved one have been injured by a dog bite, contact one of our experienced attorney’s for an evaluation of your claim. We offer free consultation in dog bite cases and are here to fight for your rights.