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I Was Bit By a Dog, What Do I Do?

Jared Bingham • September 3, 2024

Imagine taking a stroll at the park, when suddenly an adorable dog trots over to you. In the blink of an eye, that dog is no longer adorable, takes a bite from your leg, and leaves you with a new fear of dogs and a painful injury. Dog bites are a common thing whether it's a minor nip, or a severe attack. It is very important to understand your rights following a dog bite. There are several factors that need to be taken into account when taking legal action after an attack. Here is a lawyer’s guide to navigating a dog bite:

Seek Immediate Medical Attention

Your health should always be your top priority. Even if the bite seems minor, it’s crucial to see a doctor as soon as possible. Dog bites can cause infections, nerve damage, and other complications that might not be immediately apparent. A medical professional can clean the wound, assess the severity, and provide necessary treatments like antibiotics or stitches. Additionally, having your injuries documented by a healthcare provider is vital for any potential legal claims.

Identify the Dog and Its Owner

If possible, try to identify the dog and its owner. This information will be crucial when filing a claim. Obtain the owner’s name, contact information, and details about the dog, including its vaccination history. If the owner is uncooperative or you’re unable to identify them, contact local animal control or the police. They can help locate the dog and ensure it’s properly quarantined to prevent further incidents.

Report the Incident

After seeking medical attention, it’s important to report the dog bite to local authorities, such as animal control or the health department. Filing a report creates an official record of the incident, which can be valuable if you decide to pursue a legal claim. It also helps protect others by ensuring that the dog is properly assessed and that any necessary actions are taken by the authorities.

Document Everything

Thorough documentation is key to building a strong case. Take photos of your injuries immediately after the incident and as they heal. Keep a detailed record of your medical treatments, including doctor visits, prescriptions, and any related expenses. If there were any witnesses to the attack, gather their contact information and statements. All of this evidence will support your claim and help your attorney advocate on your behalf.

Understand Liability in Dog Bite Cases

Liability in dog bite cases can vary depending on the laws in your state. In many states, dog owners are strictly liable for bites, meaning they are responsible for any injuries their dog causes, regardless of whether the dog has a history of aggression. In other states, the “one-bite rule” may apply, where the owner is only liable if they knew or should have known that the dog was dangerous. If the bite happens on the owner's private property, depending on the circumstances of you being on the property the owner might have a defense for the bite.

Understanding the specific laws in your area is crucial, which is why consulting with a personal injury attorney is so important. They can help you navigate the legal landscape and determine the best course of action for your situation.

Don’t Settle Too Quickly

After a dog bite, the owner’s insurance company may offer you a quick settlement to cover your medical expenses. While this might seem like a convenient solution, it’s important to remember that initial offers are often lower than what you may be entitled to. Before accepting any settlement, consult with a personal injury attorney who can evaluate the full extent of your damages, including future medical needs, lost wages, and pain and suffering. A dog bite can be a traumatizing experience and can leave someone with PTSD and lifelong trauma. An experienced attorney can negotiate on your behalf to ensure you receive fair compensation.

Consult with a Personal Injury Attorney

Navigating the aftermath of a dog bite can be challenging, especially when dealing with insurance companies and legal issues. A personal injury attorney can provide invaluable guidance, helping you understand your rights, evaluate your claim, and handle all the legal complexities so you can focus on your recovery. Contact JDB Law, PLLC today for a free consultation.

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Do I Have A Slip And Fall Case?

By Jared Bingham • October 28, 2024

Do You Have a Case If You Slip and Fall on Someone’s Property? Here’s What Determines Liability If you’ve slipped and fallen on someone’s property , you may wonder whether you have a legal case. Not all falls lead to compensation, but under certain circumstances, property owners may be held responsible. Here’s what you need to know about premises liability and the key factors that determine whether you may have a viable case. Understanding Premises Liability Premises liability is a legal principle that holds property owners accountable for injuries that occur on their property due to unsafe or hazardous conditions. Under this principle, if you slip and fall because of a hazard that the property owner knew about (or should have known about) and failed to address, you may have grounds for a personal injury claim. Key Factors That Determine Whether You Have a Case Duty of Care Owed by the Property Owner Property owners have a legal obligation to maintain safe conditions for anyone lawfully on their property. The extent of this duty depends on the relationship between the owner and the visitor. For instance: Invitees (such as customers in a store) are owed the highest duty of care. Property owners must regularly inspect and repair any hazards. Licensees (like social guests) are owed a reasonable duty of care but not to the same extent as invitees. Trespassers typically are not owed any duty of care, although exceptions can exist, particularly if the trespasser is a child. Understanding whether you were an invitee, licensee, or trespasser can help clarify the property owner’s level of responsibility for your safety. Existence of a Dangerous Condition To have a case, there must be evidence of a hazardous condition on the property. Common hazards that can lead to slip-and-fall accidents include: Wet or slippery floors (from spills, rain, or leaks) Uneven or damaged flooring (such as loose tiles or torn carpets) Poor lighting that obscures hazards Cluttered walkways or obstructed paths Photos, witness testimony, and other documentation can support your claim if you can show the hazard was present and contributed to your fall. Property Owner’s Knowledge of the Hazard Simply slipping and falling isn’t enough to establish liability. You must show that the property owner knew (or reasonably should have known) about the hazardous condition and failed to fix it. Evidence of negligence can include: Previous complaints about the hazard from other visitors Surveillance footage showing how long the hazard was present Records of inspections or maintenance that may reveal a lack of upkeep The more proof you have of the property owner’s awareness of the hazard, the stronger your case may be. Whether You Exercised Reasonable Care Courts often consider whether you were acting reasonably at the time of your fall. For example, if you were running or using your phone while walking, a judge might find that you share some responsibility for the accident. In Utah and many other states, a legal concept called comparative negligence applies, meaning that your compensation could be reduced based on your level of fault. Injury Severity and Causation For a slip-and-fall claim to be successful, you must prove not only that a hazard caused your fall but also that the fall led to actual harm. Common injuries from slip-and-fall incidents include fractures, head injuries, sprains, and back injuries. Medical records are crucial here; they demonstrate the severity of your injuries and connect them to the fall. How a Personal Injury Lawyer Can Help Determining whether you have a viable slip-and-fall case can be complex, especially when it comes to gathering evidence and proving negligence. A personal injury lawyer can help by: Investigating the accident scene and gathering evidence Negotiating with insurance companies on your behalf Filing a claim within Utah’s statute of limitations Representing you in court if a fair settlement cannot be reached Conclusion Not every slip and fall incident results in a successful personal injury case. However, if the property owner failed to maintain a safe environment, knew about the hazard, and didn’t act, you might have a valid claim. Seeking advice from a skilled personal injury attorney can provide insight into your case’s potential, helping you understand your rights and next steps. If you have questions about a recent slip and fall, contact us for a free consultation to discuss your options.