In general, being negligent means that someone failed to use the same reasonable care and skill that a careful and prudent person would use in the same situation. There are a few different ways that negligence can be proven in a dog bite claim, including:
- Eyewitness testimony
- Photographs or videos of the attack
- Violation of animal control laws
- Evidence of prior attacks
Essentially, you must show that the dog owner was careless and that it led to your dog bite injuries.
Five Ways to Prove Negligence After a Dog Bite
The following techniques may help you prove negligence in a dog bite case:
If there were witnesses to the attack, then this can be a helpful source of evidence. They may be able to testify that the owner had the dog off-leash in a public area or that the owner was failing to contain their dog in a reasonably safe manner. If you have the contact information for potential witnesses, make sure to give it to your lawyer.
Photographs or Video
Photographs can be useful evidence of negligence in a dog bite case. If you are claiming, for example, that the dog owner failed to provide proper containment for their dog through a fence, leash, or other means, then photographs of the area may help show what you mean.
Violations of Animal Control Laws
Louisiana has certain laws that govern how pet owners must keep and control their pets. One such law is CC §2321, which states that “the owner of a dog is strictly liable for damages for injuries to persons or property caused by the dog and which the owner could have prevented and which did not result from the injured person’s provocation of the dog.”
If the owner of the dog that bit you was in violation of this statute, it can help you prove that they acted negligently.
Evidence of Prior Attacks
If you can show that the dog had been involved in other situations that led to an injury or was designated as a “dangerous dog,” according to RS §14:102.14, it can help you prove that the owner knew or should have known that the dog needed to be contained or kept away from people.
You may need to do some digging to find evidence of prior attacks, such as talking to neighbors and friends who are familiar with the dog. The local animal control agency may also have records about the dog that attacked you and whether it was involved in any prior incidents.
A Lawyer from Our Firm Can Help You Gather Evidence
There may be other categories of evidence that can help you provide negligence in your dog bite case. Each case is unique, and it is important to consider as many different sources of evidence as possible.
Working with a lawyer from our firm is one way to make sure that you leave no stone unturned and gather as much proof as you can to show that the owner of the dog that bit you acted carelessly.
Available Compensation for a Dog Bite Injury
Many dog bite victims are eager to know what kind of compensation they may receive if they file a lawsuit against the dog owner. In general, you may be able to recover compensation for any financial expenses or injuries that are reasonably related to the attack.
A few common categories of damages that dog bite victims may claim include:
- ER visit copays
- Physical therapy
- Lost wages
- Disfigurement or scarring
- Pain and suffering
- Emotional distress and PTSD
- Reduced quality of life
- Reduced earning capacity
It is important to request the full amount of compensation that you may deserve in your lawsuit because once the case is complete, you cannot go back and ask for additional damages.
Documenting Your Damages
Keep thorough records of each expense you have to pay or injury that you suffer. Keeping notes about how the injury has impacted your personal, professional, and daily life can also be a good way to show the emotional impact of the attack.
The Statute of Limitations in Your Case
Keep in mind that the statute of limitations for a personal injury lawsuit in Louisiana is typically just one year, per CC §3492.
So don’t hesitate – reach out to us today.
Call the Attorneys at Laborde Earles Injury Lawyers Now for a Free Case Evaluation
Laborde Earles Injury Lawyers handles dog bite injury claims and can help you learn more about how negligence can be proven in a dog bite claim. We offer a free consultation so that you can ask questions and get the information you need about your legal rights. You can reach us today by calling (337) 777-7777.