One of the biggest challenges of a dog bite case is establishing whether or not the dog was provoked. Many dog owners will challenge a claim under the guise that the claimant provoked their dog and caused the incident. If you want to reduce the risk of contributory negligence in your dog bite personal injury case, it's important to understand what constitutes provocation in the case of a dog bite. Here are some of the things to consider.
Aggressive Behavior
Approaching a dog aggressively will naturally trigger the pup's self-defense behaviors. Whether you were yelling, deliberately positioning yourself in a threatening stance, or raising a hand as though you were going to hit the dog, these types of actions and other aggressive behaviors are often considered as provoking the dog.
Cornering a dog (especially one on a chain) is another common action that's deemed aggressive by dogs. If you have backed a dog into a corner, you can expect that pup to lash out in an effort to defend itself and get free. The idea is that the dog would not have lashed out if it did not feel threatened, and your behavior made the dog feel threatened.
Violence Or Abuse
In terms of violence or abuse, this can be any of a variety of actions, sometimes not even including the dog itself. For example, some dog bites occur because the dog was protecting its owner. If you were attacking the owner, or you were perceived as a violent threat to the owner, the dog may react accordingly to protect their family and home.
Not only that, but any kind of violent or abusive behavior toward the dog could also be considered provocation. Throwing rocks toward a dog, kicking them, or poking at them with a stick are blatant actions that can be considered violence and may even be deemed animal abuse.
Trespassing
If you did not have permission to be on the property and you were bitten by the property owner's dog while you were there, that is often considered provocation as well. Trespassing on private property is illegal, and you are taking some inherent risks in those situations. Your negligence may lead to a dog bite, at which point you will often be held partially responsible.
These are just a few of the most common instances of provocation claimed by dog owners. Talk with your lawyer about the situation with your injury to find ways to contest any of these claims. Reach out to a local personal injury lawyer to learn more.
Share29 December 2022
When you get into a serious car accident, things can become complicated quickly. In addition to worrying about other lawyers and problems with your vehicle, you might also be left with serious injuries that keep you from enjoying your life. On top of everything else, you might be left with a huge stack of medical bills, and it can be hard to know what to do next. I want you to understand that there is hope, which is why this blog is all about hiring an attorney. By using this advice, you might be able to streamline your case and enjoy a larger settlement.
