No one likes being bitten by a dog. It causes physical injury, it usually results in permanent scarring, and let’s be honest- it’s scary. Yet, for some reason, sometimes people are hesitant to hire an attorney after being bitten by a dog. Maybe the dog’s owner is a friend or neighbor and people get nervous that it will hurt the relationship? Utah law is very clear that we are all responsible to prevent out dogs from biting people no matter what. We are automatically responsible if and when our dogs hurt someone. Luckily, homeowners insurance covers the medical bills and more for these dog bite victims. Problem is, we will never get taken care of properly by insurance unless we hire attorneys to track down the homeowners insurance and handle the claim properly.
You are a human being, and your injury is worth a lot more under Utah law than just mere reimbursement of the medical bills. Give us a call. The dog bite lawyers at McMullin Injury Law can help.
The short answer to this question is: Pit Bulls. The long answer to this question is that any dog can become dangerous if not properly cared for. Calling particular breeds of dog dangerous or violent can be very offensive to some dog owners and animal rights activists. Many canine apologists opine that no breed of dog is born with a naturally vicious tendency. Based on well documented studies and statistics, such an opinion is misguided. Different breeds of dog have different innate instincts and abilities. A lion does not react the same way to a given stimulus as a rabbit does. A Pit Bull does not react the same way to a given stimulus as a Yorkshire Terrier does. Although an owner of a Rottweiler will surely tell you that their, “dog would not hurt a fly.” The opinion of one person is rarely ever a reliable source for any information and opinions are rarely universally applicable. According to a research study at DogBite.org, during the last eight years, two breeds have combined to account for 73% of all recorded fatal dog bite attacks in the United States—Pit Bulls, and Rottweilers. Pitt Bull lovers will argue that little dogs bite just as much as Pit Bulls do and that Pit Bulls should not be characterized that way just because they are larger and their bites are more deadly. Unfortunately, that is exactly why they must be characterized in such a way. If you are bitten by a Chiwawa, it will likely hurt. You may require some medical attention and you will likely no longer be a big fan of Chiwawa’s. If you are attacked by a Pit Bull, things may never be the same.
Pit Bulls actually killed more than twice as many humans as Rottweiler’s did during that eight-year span. They are the most dangerous breed of dog for three reasons. One, they were selectively bred for dog fighting. They were abused and mistreated and the most violent ones were bred with the other violent ones in an effort to create monsters. Most Pit Bulls today are well cared for and they can be very mild mannered and loving creatures. Sadly, when an unusual situation arises, even loving Pit Bulls have trouble fighting their basic attack instincts. The second reason they are so dangerous is that they use an offensive attack style as opposed to a defensive attack style. If a Labrador feels threatened, he will back up, hunch down, bare his teeth, and growl. These are signs that something bad is about to happen. An intelligent human will back off and leave the dog alone. The attack will then be avoided entirely. When a Pit Bull Terrier feels threatened, its goal will be to protect itself and destroy its enemy. It will not take the time to give warning. It will go straight for the kill. The third reason Pitt Bulls are the most dangerous is that when they bite, they use their large powerful jaws to clamp down and shake back and forth. This process drives the teeth as deep into its victims skin as possible. If the teeth hit a vein, the damage could be catastrophic.
All breeds of dogs can be properly cared for and it is possible that they can go their entire lives without issue. Other breeds that have shown higher propensities to bite are: Dalmatians, Chow Chows, Doberman Pinschers, German Shepherds, Alaskan Huskies, and Boxers. If you get into an altercation with a dangerous dog, seek safety, then consult with a Utah Dog Bite Attorney to get educated about your rights.
Medical bills can rack up pretty quickly after a dog bite incident. The law allows for accident victims to recover damages against the parties that harmed them. Basically what that means is that if someone hurts you, they have to pay you enough money to put you back into the level of happiness that you were in before they hurt you. Obviously this is not the case for any injury that occurs. An injured victim must be able to prove a case for negligence. That basically means that you have to show that it was entirely the other person’s fault that you got hurt. The law is designed this way so that people will be more careful. It would be terrible if everyone could just go around hurting each other and no one had to take the personal responsibility to pay for it. Before a dog bit you, you did not have painful lacerations on your arms and legs. Before a dog bit you, you were able to run and jump and go about your normal day as opposed to being forced to visiting your doctor several times and constantly treating and bandaging your lacerations and abrasions to make sure that they are healing properly and that they are not infected so you can avoid permanent impairments. Before a dog bit you, you were not afraid of dogs. You did not feel uncomfortable every time you took a jog in the park. The homeowners insurance of the owner of the dog that bit you cannot go back in time and take the dog bite away, but they can pay you an amount that compensates you for your losses.
Medical bills are the first part of a dog bite damage equation. Typically, the higher the medical bills are, the higher the total amount of damages will be. That is certainly not always the case, but it is illustrative of the general rule. Medical bills are a part of what is referred to as special damages. Special damages are those harms that can be precisely calculated. If a dog mauls you while trying to get in your car and go to work and you miss work that day as a result, your wages from that day will be added as part of the special damages. Doctor’s visits are extremely expensive. Your health insurance may step up and pay those bills initially, but they too are entitled to be reimbursed by the at-fault party. A vicious dog can inflict several thousand dollars worth of medical damage in only a few seconds.
General damages are different from special damages in that they have no precise value. We are forced to do our best to simply assign a fair value to them. Physical pain and suffering entitles one to general damages. Emotional distress such as fear and anxiety of running in the park would also entitle a victim to recover general damages. These damages are extremely difficult to value. An experienced dog bite lawyer can give you extremely valuable insight as to what your general damages should be. Attempting to negotiate your claim on your own will almost always result in you being undercompensated. Don’t be a victim twice, contact a Utah Dog Bite Lawyer today.
Both during and after dog bite incidences, people are angry and scared. Many people wonder if they are allowed to use deadly force such as a gun against a dangerous dog. After all, isn’t that just self-defense? Self-Defense is a legal principle that most people can get behind. If we are being attacked, we expect that we can do what is necessary to defend ourselves. The principle of self defense does have limits though. A person typically is not legally allowed to respond with deadly force when only a small amount of force would have stopped the attack. Some might argue that it is impossible to predict how an attacker will react to our self-defense, so deadly force is always justified. It is easy to illustrate why that is not always true by using the example of the angry old lady. If there was a disagreement at the grocery store, and an old lady attempted to hit you with her purse, you would be justified in not only dodging the blow, but also perhaps in ripping the purse out of her hands. However, you would not be justified in retaliating against the women with a deadly assault. That would no longer be self-defense. You can only defend yourself and your family with means that are somewhat reasonable given the circumstances. The fact that the attacker was not even a human only further complicates this complex issue.
Animal rights activists would argue that a dog is incapable of fully calculating the consequences of its behavior, therefore, a dog should not be subject to being shot for bad behavior. Others might argue that because the dog is not capable of making human decisions, it should not receive the same self-defense safeguard that humans receive, meaning that deadly force should be allowed in any self-defense situation.
The State of Utah is generally not extremely forgiving of dangerous animals. That general theme holds true with state laws regarding using deadly force against a dog. Utah statutes dictate that a person may shoot a dog under a variety of circumstances without being subject to criminal or civil liability. Any dog that is attacking or even worrying or chasing any other animal may be shot. This means that you may be legally allowed to defend not only yourself but also your animals, with deadly force. The biting does not even have to have commenced. If you were walking your dog, and a vicious dog approached, and it growled and barked at your dog and chased it down the street; technically if you were carrying a firearm you may be justified in using that firearm to defend your dog.
With regard to defending a human being, Utah state law takes things even further. If a dog has bitten you or another person, and it has since retreated, if it is still on the loose and still a danger to others, you may be able to pursue the dog. Once the dog is back in the custody of its owner, and the situation has been controlled, do not show up at your neighbor’s door brandishing a weapon. That is a very foolish way of handling things and the problem will likely escalate very quickly. You will likely incur civil and criminal liability. If the dog is no longer a danger, do not shoot the dog. You should instead inform animal control, if that dog has been previously documented as a vicious dog, animal control may forcibly take the dog and have it put down in an effort to prevent future attacks. These laws should put all dog owners on notice. To allow your dog to freely roam the neighborhood is to subject your dog to an incredible amount of risk and could potentially result in the death of your dog. If you have questions regarding what to do after a dog attack, contact a dog bite attorney for a free consultation.
When you have been bitten by a dog, a natural reaction is to desire that the dog be put down. Some people wish for this to happen because they are legitimately concerned that the dog may attack again. Others may desire that the dog be put down simply because they seek vengeance on the animal that harmed them or a loved one. Still other people may desperately not want the animal to be put down and they may fear that if they call the police or a dog bite lawyer that the dog will be put down. In reality this is not the case. Hiring a dog bite lawyer will not ensure that the dog is put down. It will also not ensure that the dog remains alive. The truth is that the dog bite lawyer has almost nothing to do with this chain of events. The lawyer’s primary concern will be to help you get your medical bills paid. The lawyer will work with the appropriate homeowners insurance company to compensate you for the variety of evils that have befallen you because of the dog attack.
You can always ask a dog owner to have their animal put down, but the decision will remain theirs until a legal standard has been met. Most owners will understandably want to keep their dogs. A dog can be an extremely loving companion. There can certainly be circumstances under which a safe and loving dog may bite a person or another animal. Perhaps the dog felt threatened, or felt that its owner was threatened? A protective instinct is a very desirable trait in a family pet. A quick motion from a stranger can leave an animal feeling strengthened and painted into a corner. Understanding and mercy should be shown to animals under these circumstances. There can also be circumstances under which the owner should at least consider having the dog put down. Those instances are more extreme circumstances such as when the dog habitually endangers people and other animals. Once a dog has proven a propensity to be violent to others, a decision to get rid of the dog becomes more tolerable. Again, choosing to have your pet put down is an extremely difficult decision and it should only be done as a last resort to protect others.
There is no standard state law in the State of Utah as to the circumstances under which a dog may be forcibly taken and put down. The laws vary from city to city. In St. George, Utah, the law is that any dog may be forcibly taken and put down if it has been documented to be involved in a violent attack on three separate occasions. The laws in St. George are written with the intent to remove dogs that cannot be controlled by their owners and dogs that have shown that they will harm others in the future.
These laws illustrate the importance of reporting dog bites to the authorities. The law will not be able to accomplish its goal of keeping dangerous and uncontrolled dogs away from others if stray dogs and dog attacks are never reported. If a dog has bitten you, contact a dog bite lawyer. He or she can instruct you as to the other necessary steps to take to help you recover from your injuries.
