Anyone injured by a dog attack may have a personal injury claim against the homeowner or dog owner. In claiming personal injury for dog attacks, it is essential to establish the negligence of the dog owner, who may be covered by homeowner’s insurance policy.
Personal Injury from a Dog Attack
A dog attack can result in minor or serious injuries. In any case, a dog bite victim can suffer emotional injuries such as:
- Panic attacks
It is possible for a dog attack victim who suffers minor physical injuries to also experience emotional turmoil at night, or during the day with panic attacks should they encounter a dog. While the physical injury may not be severe, the injured person may suffer significant emotional injury that must be compensated as well.
Compensation for Permanent Injury
In any dog attack, victims may suffer physical and emotional injuries that are not easily measured. A personal injury attorney will initially examine the physical injury component to assess the extent of the injury.
Depending on the circumstances of the dog attack, a victim may suffer permanent damage for which they may be compensated in money damages. The full value of compensation for permanent physical injury will also include payment of emotional injuries, which are non-tangible damages.
Establishing Responsibility in dog bite case
In New Mexico, homeowners are held to a strict liability standard that makes it their duty to prevent injury to guests on their property. When a homeowner’s dog on an un-gated property attacks an uninvited guest, the homeowner is strictly liable for the resulting injuries of the uninvited guest.
If you or a family member is injured in a dog attack, it is important to determine whether the homeowner exercised ordinary care in warning bystanders, guests, or trespassers of the potential risk of a dog attack. The homeowner’s failure in exercising this standard of care may entitle you to compensation.
Dog Attack Attorneys Representing Victims in Las Cruces, NM
At the Law Offices of Samuel I. Kane, we have years of experience in dog attack cases. Our familiarity with the policies and conditions of homeowner’s insurance policies and general umbrella insurance allow us to find solutions for obtaining compensation for our clients’ injuries, whether or not the dog owner owned the home where the attack happened. We work very hard to ensure that our clients receive an adequate and equitable settlement for their injuries. Call to speak with an attorney today (575) 526-5263.
Las Cruses Personal Injury Lawyer Helping Victims of Dog Bites
It can be difficult to predict how an unfamiliar animal will react to us. Even people who are experienced with dogs can end up getting hurt when an unsupervised animal suddenly acts aggressively towards them, and someone as naïve and physically vulnerable as a child can suffer major injuries when attacked by a vicious dog.
If you or someone you love has been injured by a dog bite, you may have a right to compensation for the costs of medical care, rehabilitation, or pain and suffering through a personal injury lawsuit. Take action as soon as possible after a Las Cruces dog bite injury by contacting a knowledgeable dog bite lawyer at the Law Offices of Samuel I. Kane for a consultation on your case.
When can a dog owner be held liable for a bite?
Under the laws of New Mexico, there are certain conditions that must be present for a dog owner to be financially responsible for their dog’s aggression towards another person. Either the owner:
- Must have known (or should have known) that their dog had an inclination or tendency to be vicious (for example, the dog had bitten or otherwise injured someone previously), or
- Failed to act in a reasonable way to control their dog in a situation where it seemed likely that an injury could occur.
According to these laws, most dogs get one “free” bite, in that an owner can’t be held liable when a dog who has never acted viciously or aggressively bites someone. But even where a dog is not known to be vicious, owners will still be responsible if they recognized that their dog was becoming agitated or that an incident with another dog could turn vicious, and they failed to intervene to the extent they could.
Dog bite injuries can have long-term consequences
Dog bites aren’t just scary. These injuries can have long-lasting physical effects for victims. Common consequences of dog bite injuries include:
- Nerve damage
- Tendon damage
- Broken bones
- Post-traumatic stress
Dog bite victims often require rehabilitation where dog bites caused damage to muscles, joints, and tendons, and they may need psychological therapy to overcome the terror caused by the attack. Getting the damages you deserve after these injuries is critical to your family’s ability to afford all necessary treatments after a dog bite.
Help is Available after Serious Dog Bite Injuries in Las Cruces
For assistance with filing a claim for damages after a New Mexico dog bite, contact a knowledgeable and seasoned Las Cruces personal injury lawyer at the Law Offices of Samuel I. Kane for a free consultation, at 575-449-3644.