Wichita Dog Bite Injury Lawyers
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
While there is no dog bite statute in Kansas, the state instead recognizes the "one-bit rule." 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.
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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.
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Our Results
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$34,000,000 Personal Injury
Mason v. Texaco, 948 F.2d 1546 (10th Cir. 1991). Otis Mason died of leukemia caused by exposure to benzene, an industrial solvent and gasoline component, for which the jury awarded $34 million.
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$23,600,000 Personal Injury
Darcy Aves was severely injured during birth, resulting in severe mental and physical retardation, blindness and seizures from Cerebral Palsy. Darcy’s twin sister, Danna, was born healthy. The jury awarded $23.6 million, the largest jury verdict in Kansas and one of the largest personal injury verdicts in the nation.
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$15,000,000 Personal Injury
Graham v. Wyeth Labs, 666 F.Supp. 1483 (D. Kan. 1987). Michelle Graham had a severe neurological reaction to Wyeth Labs’ DPT vaccine and suffered severe brain damage. The jury awarded $15 million. Wyeth thereafter purified the vaccine.
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$11,200,000 Personal Injury
O’Gilvie v. International Playtex, 821 F.2d 1438 (10th Cir. 1987). O’Gilvie died from Toxic Shock Syndrome after using Playtex super-absorbent tampons. The jury’s $11.2 million verdict led to the removal from the market of Playtex’s super-absorbent tampons and addition of warnings to packaging.