Dog Bite Injuries
Kansas Premises Liability Attorneys
Dogs are known to be man’s best friend, but if they have not been
properly trained, they can be aggressive, vicious, and violent. According
to the Centers for Disease Control and Prevention (CDC), more than half
of dog bite injuries occur in a home where dogs are familiar with their
victims. In households with more than one dog, the likelihood of a dog
bite injury increases significantly. These injuries can range from minor
wounds to severe, deep lacerations. Additionally, disease might accompany
the injury. Approximately 18% of dog bites become infected with one more
of the 60 various types of bacteria found in dogs.
Kansas Dog Bite Law
In Kansas, victims of dog bites can recover compensation if they are able
to prove the dog owner knew of the dog’s violent predisposition
or was negligent. Negligence, in this case, refers to the unreasonable
failure to act, resulting in injury to the dog bite victim.
The One-Bite Rule
A dog’s owner is liable for injuries caused by their dog only if
the owner knew or had reason to believe the dog might cause that type
of injury. However, the owner might be able to evade liability if able
to prove that the injured party provoked the injury.
The test for liability is uniform, regardless of how the injury was caused.
If a case goes to court after an owner denies responsibility, a judge
or jury will decide on the outcome. Courts take the following facts into
consideration when making a ruling in a case:
- Previous bites – if a dog has previously bitten someone, the owner
will always be on notice that the dog poses a danger to others.
- Barking at strangers – if a dog barks at strangers even when unprovoked,
it might be considered dangerous.
- Threatening others – dogs that bark and growl at others are perceived
as a danger, even if the dog has never bitten someone.
- Jumping on people – jumping on a person might be a friendly gesture,
but if it is done with enough force to knock a person down, and the dog
owner was aware of this behavior, the owner could be held liable for any injuries.
- Fighting other dogs – gentle play fighting is not what the court
has in mind when considering this factor. It usually refers to more aggressive
and violent behavior.
- Complaints – if people have complained about the dog being aggressive
or of biting someone, the owner would be on notice that the dog is dangerous,
and it would serve as proof that they owner knew of the dog’s tendency
to be violent.
- Breed – larger breeds are often considered dangerous and judged more
severely in some courts.
It is not common for courts to consider the breed of a dog as being inherently
dangerous, though some jurisdictions do. Pit bulls, for example, have
been defined by law as a dangerous dog.
Wichita Premises Liability Attorneys
At Hutton & Hutton Law Firm, LLC, our premises liability attorneys
are dedicated to helping clients recover the monetary damages they deserve.
If you were injured by a dog bite, you have a right to seek compensation
to cover your medical expenses, any necessary treatments, and pain and
suffering. We have recovered over $400 million on behalf of our clients
and will work tirelessly to do the same for you.
Our skilled team of personal injury lawyers are proud to have represented
clients in several federal courts, as well as the District of Columbia,
Florida, Illinois, Missouri, New Jersey, and more. We also operate on
a contingency fee basis, which means you will not owe us any legal fees
if we cannot win your case.
Call us today at (316) 313-4730 to schedule a free consultation.