Dog bites are nothing to laugh at. Attorney Richard Rosenberg of Rosenberg, Rosenberg, Eisenberg & Associates, LLC has handled hundreds of dog bite lawsuits over his forty years as an attorney. While the below scenario is fictitious, it highlights many of the issues that are presented in dog bite lawsuits:
Larry the bugg (Boston Terrier/Pugg) is taken out by his owner for his daily walk around the block, minding his own business. Henry the hybrid (formerly known as a mutt) gives Larry a disrespectful look. Larry, though leashed, attacks Henry and bites Henry’s owner when the owner tries to break up the fight. Henry and Henry’s owner both require medical care. Larry’s owner claims Henry provoked Larry by giving Larry a disrespectful look. What legal remedy is available to Henry’s owner?
The claim of provocation is not a defense to the claim. Provocation would act as a defense only if Larry was provoked by Henry’s owner, but not if provoked by Henry. Henry’s owner can sue for his medical bills and his pain and suffering. Henry’s owner could also sue for Henry’s medical bills, but not for Henry’s pain and suffering. An injury to an animal only allows for recovery of actual monetary damages. Unless, the animal is shown to be earning money or some similar exception, such as a show dog. Henry, however, only gets his bills paid.
If you or someone you know has been injured in a similar circumstance, call a dog bite attorney today to learn about your rights.