Protecting Injury Victims Rights in Delaware

We all love dogs, and many welcome them into our homes. What happens when the companions humans have had for a lifetime cause significant injuries? It is a problematic scenario; unfortunately, it happens all too often. Victims of these injuries are left wondering if they have any recourse.

The question remains whether the owner can be held responsible for the incident. At Schwartz & Schwartz, Attorneys at Law, our personal injury lawyers will work ardently to get you the compensation you deserve for your injuries. Our state does take dog bites seriously. Our personal injury lawyers will investigate every aspect of your case, leaving no stone unturned. We will make sure the responsible party is held accountable. Call 855-847-8437 for a free case review.

What is Liability?

The simple definition of liability is responsibility. Liability applies to many aspects of our lives, whether it is called that or not. We all have responsibilities in our daily lives for which we are liable.

What Are Dog-Bite Laws?

Dog-bite laws are imposed to discourage irresponsible pet ownership and ensure the health and welfare of both human and canine citizens. There are three types of dog-bite laws, varying by state. They are:

  • Dog-Bite Statute- Imposed when the owner is responsible for any injury the dog causes if it attacks when it has not been provoked. 
  • One-bite Rule- Imposed when the dog owner is liable for an attack if the owner knew the dog was likely to bite because it had happened before. In this case, the victim must prove that the owner knew it was possible.  
  • Negligence-Imposed when the owner is liable if the bite occurred because the owner was careless in controlling the dog. 

Which Dog-Bite Law Does Delaware Enforce?

We are lucky in Delaware because our state takes injuries from animal attacks seriously. Delaware follows a strict liability law under which the attack alone is enough to establish the owner’s liability for the injury, even if the victim is partially to blame. The victim is not required to prove any form of negligence on the owner’s part, and it is not necessary to prove that the owner should have known their animal posed a danger.

As with everything in life, there are exceptions to the rule. In this case, there are three:

  • If the victim was abusing, teasing, or tormenting the animal before the attack
  • If the victim was committing a crime-including trespassing- on the owner’s property and the animal was defending it
  • If the victim tried to commit a crime against another person, like robbery, the animal defended them.

It’s important to note that the owner’s claims are only sometimes believed at face value. In some circumstances, liable owners have claimed that victims were trespassing when, in fact, they had a valid license to be on the property and every right to be there. There are often a lot of emotions tied up in dog-bite cases, as people don’t want to see their animals punished or taken from them; however, irresponsible owners must be held accountable for their actions. It is better for the dog and better for others. Contact our dog bite lawyers today for a free case evaluation to determine if you might be entitled to compensation for your injuries.

Is it Possible for a Third Party to be Liable?

In several dog bite cases, the owner is liable for the victim’s injuries or property damages since they should have had control over their animal or knew of potential danger and warned people to stay away. In some situations, a third party may be held accountable. For example, there may be a situation in which you don’t know who owns the dog, or perhaps a stray dog wandered onto the playground at your child’s daycare. The court may find that the daycare was negligent in protecting your child and is, therefore, partially liable. These cases are complex with multiple layers, and you must consult a knowledgeable team of personal injury lawyers to assist you in filing your claim.

What Damages Are Available for Dog Bite Injuries?

Animal attacks are traumatic, even if you were injured without being bitten. A variety of damages may be available to you as a result. Each case is unique, and no result is predetermined. You may be eligible for: 

  • Economic Damages- These damages include money that your injury has cost you, like lost wages/ lost earning power, medical bills, and more
  • Non-economic Damages- Animal attacks are highly traumatic, and not all the damage is economic. It may be possible to claim damages for emotional distress,  pain and suffering, PTSD, and more
  • Punitive damages are rarely awarded, but in some cases, it is possible to claim punitive damages that punish the dog owner for their willful and wanton behavior.

When Should I Call A Dog-Bite Attorney?

We all wish every dog we met were friendly. Sadly, this is not the case. Like people, some dogs have not been appropriately treated, so they do not trust humans and behave aggressively. It may not be the dog’s fault, but it is crucial to hold the owner accountable so the cycle is broken. If you have been the victim of a dog bite, our dog bite lawyers in Delaware will stand up for you. Call 855-847-8437 for a free case review.