Dogs are great—that’s pretty much an undeniable fact. There’s a very good reason dogs are considered man’s best friend and have been for several generations by this point. After all who else gets so ridiculously happy to see you even when you’re only a way from them for a few minutes?
While dogs are generally known for their loving and playful behavior, accidents can still occur—dogs can bite for a variety of reasons and injuries can be severe. If you’re planning on filing an injury claim it helps to know the steps to take after a dog bite incident.
Navigating Alabama’s One Bite Law
Every legislative session introduces new laws and 2023 isn’t an exception. The state passed Alabama Code 3-1-3 and the law affects pretty much all dog owners. Don’t panic! The law doesn’t require you to give up your beloved furry companion.
What it does is make it easier for you to be liable if your dog decides to chomp down on someone. This individual can be a friend, family member, or another type of guest on your property. The law also goes a little further to cover dog bites off of your property. If your furry friend gets loose and bites someone, as the owner the law is probably going to hold you responsible for covering any damages.
In a nutshell, Alabama Code 3-1-3 states an owner is liable if they know or should be aware of their pet’s aggressive tendencies. For example, if your dog has bitten someone in the past, you should be aware that it can happen again.
Potential Exceptions to Code 3-1-3
Generally speaking you’re pretty much always responsible for your dog’s behavior; you can think of it as being a parent, only your child has four legs instead of two. Just like parents are usually liable for their kids’ behavior pet owners are responsible when their dog misbehaves.
On the other hand, you may not be liable for any damages if your dog bites someone trespassing on your property. Since the individual is on your property without permission, you’re probably not liable for any injuries they suffered during the crime. Yes, trespassing is a crime in Alabama and penalties can range from fines to time in jail.
You may also be able to get out of being liable if someone is bitten after provoking your dog. However, you’re going to need to provide proof and this usually isn’t easy. Hopefully, you have a home surveillance system or one of your neighbors caught the provocation on video. Your liability attorney should also be able to mount a strong defense.
Negligence Can Play a Role in a Dog Bite Injury Claim
Pretty much all dog bite claims fall under the broad umbrella of personal injury law. This means proving the dog owner is negligent. Sometimes, this is relatively easy like for example, an owner knows their dog is aggressive yet still lets the animal run loose in the neighborhood. Since the dog isn’t confined on the property, the owner’s actions are considered negligent.
Proving negligence means meeting four elements, duty of care, breach of duty, causation, and damages.
You must show the dog owner owes you a duty of care. In this case, their duty is to keep the dog confined. If the dog gets loose, this is a breach of duty. From there, you must prove your injuries are caused by the dog bite and it’s the reason you have damage. Typically, proving negligence in a dog bite claim isn’t too complicated but it never hurts to get advice from an experienced Alabama accident attorney.
Pay Attention to the Statute of Limitations
All personal injury claims, including ones involving dog bites, are subject to the state’s statute of limitations rule. This rule varies from state to state so pay attention to your local ordinances. If you miss the statute of limitations filing deadline, there’s a good chance you’re not going to be able to recover any compensation for your dog bite injury.
In Alabama, dog bite victims have two years to file an injury claim. The clock starts ticking on the date the accident occurred.
Essential Steps for Filing a Dog Bite Claim
The things that you do immediately after a dog bite can impact your ability to file an injury claim and receive compensation after the fact. In other words, there are some things you need to do.
Seek Immediate Medical Attention
Don’t use the severity of the dog bite as a gauge for whether or not you need medical attention. Always presume you need immediate medical care.
The only time you can skip this step is when the dog bite doesn’t puncture your skin. This usually also means there isn’t a reason to file a compensation claim. A dog simply wrapping its mouth around your arm without biting usually isn’t enough to file an injury claim. You have to suffer an injury before you can start listing damages.
Save every scrap of paper relating to your medical visits. You’re going to need to provide supporting documentation with your insurance claim.
Report the Incident
After taking care of your injuries, try to contact the dog’s owner. If it’s a rental property, try to locate the owner or manager. You need to report the dog bite incident to establish liability. After all, you can’t exactly name the dog as a defendant unless you’re okay with receiving Milk Bones as a form of compensation.
Depending on the severity of your injury and the circumstances, you may also need to alert the local authorities. Sadly, this usually means removing the dog from its owner but sometimes it’s necessary for the safety of others.
Gather Evidence
Collecting evidence doesn’t mean going and picking up the dog. Instead, document your injury by taking some photos. If possible, get some shots of the accident scene like a hole in the fence the dog uses to escape.
You also want to get your medical records organized, along with any bills and receipts. All of this helps support your accident claim.
Don’t Take On a Dog Bite Claim without Legal Representation
Whether you’re the dog owner or the one bitten, don’t go through the legal process alone. Alabama personal injury law is a little complex, and proving negligence is rarely a piece of cake.
