There are many cases files every day regarding dog bites and its different lawsuits. However, it depends on the Personal Injury Lawyer in Thunder Bay that you have chosen to present your case in the court. As a matter of fact, it is not always the situation that a dog owner is legally responsible for the injuries that the dog had caused. When a person is injured by a dog, then there are some clauses based on which the legal responsibility of the dog owner is judged by the court. The cases can be the person provoked the dog that caused the injury or maybe knowingly had taken the risk was trespassing and breaking the law and lastly, due to carelessness.
Provocation Of The Dog
Though not all of
the defenses mentioned above are followed in every state but, sometimes a Personal Injury Lawyer Thunder Bay uses
these arguments to save the dog owner. Suppose, some defenses are available if
the liability of the dog owner is based on the one-bite rule and not under
dog-bite statute. With the help of the personal injury lawyer, dog owners can
successfully defend it by presenting the situation that it is the provocation
of the injured person that led to the bite. Some of the discrete provocative
acts are teasing or hitting the dog or intentionally stepping on its tail.
Knowing The Risk Of Injury
A dog owner may
also avoid the risk of liability successfully with the help of a Personal
Injury Lawyer in Thunder Bay if it proves the fact that, the injured person
knew beforehand the risk and still got involved involuntarily and took the
risk. The theory states that, if the wounded person that known that the dog
might bite and still took the risk voluntarily then, it will get the owner off
the hook as the owner will not be considered responsible for this act. The case
is also the same when someone ignores the warning signs that says beware of
dogs. The people that make their living
by working with the dogs like pet sitters, groomers, kennel operators and
veterinarians are supposed to have taken the risk voluntarily, and this defense
will work in these situations as well.
Case Of Trespassing
In the majority
of the states, it is the not the dog owner that is held liable if the person
that is injured was trespassing on the property. In general sense, a trespasser is someone
that intrudes on the property. Such a case can be brought forward by your Personal Injury Lawyer Thunder Bay.
However, there are some clauses regarding that as well. A dog owner must also
warn off such situations with locked gates and signs. And if there is nothing
such then it will be taken as an implied invitation. Without an implied
invitation, it is clearly a case of trespassing and thus, cannot sue the dog
for any mishap.
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