When a dog bites, the very first thing that owner and the injured party should assess is liability. Owner liability in a dog bite case in governed by laws which vary from one state to another. However, there are some key points that courts in most states tend to use to determine fault in these cases.

The first is either a primary or secondary law in every state. It is often called the standard rule of negligence. According to this law, if the owner knew of the animal’s potential for danger, then that owner is liable for the dog bite. In some states, the breed of the dog, and the owner’s knowledge of that breed can satisfy the standard rule of liability. In others, the owners’ knowledge of the dog’s tendencies and disposition, as well as previous bite incidents all factor into assessing owner liability under this statute. The owner is then liable for damages no matter what the circumstance surrounding the bite. The premise is that the owner should have controlled a dog known to be dangerous.

A few states have what is called the strict liability statute. The only proof needed in strict liability case is that which connect the dog and owner. No other circumstances, including trespassing and provocation, are of importance under this statute. The victim need only to prove which dog did the biting. Trespassing and provocation do are factors in deciding the award in some states—both negate the damage award.

There are a few states that do not have specific laws for determining liability in a dog bite case. In these states, the burden of proof is on the injured party. They must prove that dog bit, unprovoked, and that the owner had previous knowledge of the dog’s danger potential. In some places, the injured cannot cite previous bite incidents as a cause for liability. Trespassing weighs heavily in these cases, as well as biting that takes place away from the property.

A personal injury attorney will be well read on the subject of owner liability in a dog bite case. For the injured, these attorneys work on a contingency basis. Whatever the case, consult an attorney to ensure that your rights as the owner or the injured are protected in a dog bite case.