Friday, May 15, 2015

Dog Bite? - Top 8 questions answered here.


Dogs Bite. It's in their nature. So what do you do when it happens? 


 Here are a couple of the most common questions you face when dealing with a dog bit:



1. What do I do if I am bitten by a dog?

Seek medical attention. Hopefully that goes without saying. At the hospital, they will need to know if it was a dog bite to treat you properly. They also are required to make a report and notify animal control. Animal control will make a report and decide to quarantine the dog.


2. What are my rights?

If you, or your minor child has been attacked by a dog, you have the right to be made whole. This means that you have the right to be placed back in the original position as before the bite.  So, everything that resulted from the dog bite should not have happened - Doctor bills, shots, any scarring, and especially the pain and suffering.

The average recovery for a dog bite is $35,000. Some bites are worse than others, leaving children with permanent disabilities and scarring. It is always important to get an attorney to represent you.

3. Who is responsible to pay for my injuries?

The owner of the dog is strictly liable for the injuries caused by the dog. This does not mean that you can provoke the dog. But  it does mean that you do not have to prove that the dog had a vicious nature.

4. Who pays for my injuries?

Although the owner of the dog is liable, his homeowner's insurance will indemnify the dog owner. This means that just like auto-insurance, it pays for your treatment and injuries. This also means, just like auto insurance, you need to make a claim to the insurance company. 

One of the first things you should do is call the dog-owner's homeowners insurance and make a claim. Usually, every homeowners insurance policy includes a medpay - which will pay up to $1000 for your ER visit and treatment. 

5. What if I am bitten by more than one dog?

The Dog Bite law in Utah is different from any other law in Utah because it says owners are severally liable for the injury caused by more than one dog.

This means that if two dogs, each with different owners attack you, you can recover the full amount from EITHER owner. This is important when one owner has homeowner's insurance and the other does not.

6. Can you defend against a vicious dog? If so, are you liable?

By law, you can injure or kill a dog if it is attacking you, or another person. Also, you are justified in killing a dog if it is attacking a domestic animal that has commercial value - like another dog or cat. HOWEVER, you cannot kill the dog if your domestic animal has NO commercial value, regardless how much sentimental value it has.

Also, by law, you are justified in killing a dog that is attacking a hoofed protected wildlife.

7. What about police dogs?

If the police dog has been trained to assist in law enforcement and the injury occurs while the dog is reasonably and carefully being used in the apprehension, arrest, or location of a suspected offender or in maintaining or controlling a public order, then the police are not liable for those injuries. 
If the dog is not being used reasonably or carefully, or if the dog is not being used to actually arrest or track down a criminal, then the police are liable for the injuries caused by the police dog. 

8. Where are Utah's Dog Bite Laws?

Utah's Dog bite laws are enumerated in the Utah Code Title 18.  Happy reading :)


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