Lafayette Dog Bite Lawyer

Lafayette Dog Bite Attorney

Dog bites can cause serious physical and emotional trauma. The legal landscape can be complicated for victims. Working with a Lafayette dog bite lawyer can help individuals filing a claim receive clear and concise information to make appropriate decisions for their situation. Learning about the legal avenues available to dog bite victims can help them pursue the compensation they deserve.

Championing Equality Since 1969

Since the founding of the Cox Law Firm in 1969, we have been a steadfast advocate for our clients. We played a pivotal role in the civil rights movement, and our attorneys have a combined 135 years of experience. Our team is passionate about helping people stand up to those who have wronged them to receive compensation for injustice.

Immediate Steps to Take After a Dog Bite

When a dog bite occurs, it’s important to take immediate action. The following steps should be taken:

1. First and foremost, get to a safe location away from the dog. If they try to follow you, try to put a barrier between you and the dog. This is to prevent further attacks that could harm you and complicate the situation. Move slowly and deliberately to avoid making the dog angry.
2. Once you are in a safe location, it is important to clean the wound to prevent infections. Wash the area of the bite with soap and warm water and remove dirt or extra materials from the wound while cleaning it. If the wound is still bleeding, use a clean cloth or gauze to help slow it down and elevate the wound to reduce blood flow if possible.
3. Add antibiotic cream to further prevent infection, and use a bandage to wrap the wound up. If the wound continues to bleed or becomes dirty throughout the day, change the bandage regularly. Regularly monitor the wound for infection, and if it appears infected, go to the doctor immediately.
4. Even if the dog bite appears to be small and harmless, seek medical attention as soon as possible. While the injury might look fine, it could still be subject to infection. Follow any medical advice given to you by a healthcare provider and attend subsequent appointments if they are recommended to make sure the wound is healing correctly.
5. After making sure you are safe, it can be helpful to create physical evidence like a police report or documentation from animal control. Contact them, let them know of the bite, and give them as many details about the context of the incident as possible. Let them know where the attack happened, what the dog looked like, and if there were any potential witnesses at the scene.
6. Take visual evidence like photos and videos of the injuries soon after they occurred to record how severe the injury was. If anyone saw the incident, gather their contact information in case you need more details later. Any medical reports or bills generated due to the bite should also be saved.
7. Consider speaking with an attorney to learn about potential legal options. They can help you file a claim to pay back medical expenses and any other damages you incurred as a result of the bite.

Even minimal dog bites can result in serious damage, so seeking professional medical and legal help can help prepare you for any potential issues.

Proving Negligence in Dog Bite Cases

One of the most important parts of a dog bite case in Lafayette, LA is securing compensation, which can be done by proving negligence. To do this, the victim has to establish that the dog owner or some other responsible party has a duty to prevent the dog from harming people. This could be a result of them owning the property the dog was on or owning the dog itself.

Next, it must be proven that the owner somehow breached this duty of care. For example, if the owner knew that their dog was aggressive but did not restrain it or post signs warning others about the potential danger, this could be used as a breach of duty.

Finally, the victim has to prove that this breach directly caused the dog bite and subsequent injuries. This can be difficult to prove and usually requires a detailed look at the events leading up to the bite. It can even involve testimony from medical professionals and other professionals to reconstruct the incident to establish a clear link between the owner’s negligence and the victim’s injuries.

It also helps if the victim has evidence proving the scope of their injuries. This can come in many forms but usually includes medical records, photos of the injuries sustained, and statements from witnesses. The more evidence a victim has, the stronger the case usually is.

Common Defenses in Dog Bite Cases

It can be important to understand what defenses a dog owner might use to avoid paying damages. Owners commonly use defenses such as:

• Provocation: In most cases, a victim cannot recover damages if they actively try to make the dog more aggressive. This can be done by hitting the dog, yelling at it, or otherwise acting aggressively to provoke the dog.
• Trespassing: Even if the dog was not provoked, if the victim was not supposed to be on the property at the time of the attack, then it might be more difficult to recover compensation. The defendant might use the trespassing argument, especially if the property was clearly marked.
• Assumption of Risk: If there were clear warning signs notifying the victim of a dangerous dog and the victim chose to ignore them, then the owner might argue that the victim knew about the risk.
• Lack of Clear Injuries or Evidence: If there is no documentation to support the fact that a dog bite was severe, then the owner might try to argue that no actual injury occurred. The victim can challenge this by presenting medical records. If the injury is deemed to be minor, the amount a victim could receive in damages might be smaller than a bite resulting in severe injuries.

Some states have a rule that if this is the dog’s first bite, then the owner is not liable. However, Louisiana does not follow this rule. Owners can still be held liable for injuries caused by their dogs, even if the dog has never been aggressive before. Every case is different, so it is important to work with an attorney for a clearer picture of how to work through your situation.

FAQs

Who Can Be Held Liable for a Dog Bite Injury?

Many different individuals can be held liable for a dog bite injury, including the owner of the dog. This is usually the primary party that can be held liable because they are expected to control their pets and prevent them from harming others. Sometimes, landlords might be held liable if they knew there was a dangerous dog on the property and did not act accordingly. If the bite occurred on someone else’s property, the property owner might be liable.

What Are the Common Defenses Used by Dog Owners in Dog Bite Cases?

Dog owners can use many common defenses to try and avoid liability. One of the most common is provocation. If the owner can prove that the victim teased, hit, or threatened the dog, they might be able to argue that the victim provoked the dog, which led to the bite. If the individual was not supposed to be on the property and was trespassing, the owner might not be at fault for the injury. There might have also been signage warning individuals of a dangerous dog.

What Should I Do if I Get Bitten by a Dog?

If you get bitten by a dog, taking immediate action is important to reduce the risk of infection. Move away from the dog if possible, and clean the wound by washing it with soap and water for five to ten minutes. Use antibiotic cream if it’s available and bandage the wound. Seek medical attention within a few hours of the bite occurring and report the incident to local animal control or the police to create physical evidence of the incident.

Can I File a Claim for a Dog Bite if the Dog Owner Is a Friend or Family Member?

A claim for a dog bite can be filed against a friend or family member if they are the owner of the dog. However, the claim is usually against the individual’s homeowners or rental insurance policy and not against the person themselves. In certain cases, the claim might have to be escalated to a trial, but most situations can be resolved by filing a claim with the insurance company.

Help Improve the Odds of Your Case

It’s important to file a claim for a dog bite injury as soon as possible to give your case as positive an outcome as possible. Getting support from a personal injury attorney can ensure your claim is filed correctly and on time. Schedule a consultation with the Cox Law Firm today to learn more about the filing process and how you could benefit from a claim.