Understanding Dog BitesA breakdown of when dogs bite and how to deal with them

Contents

1. Before A Dog Bite Happen– Reasons for Bites– Signs that a dog may bite– When a bite happens

2. After A Dog Bite– Options for Dealing With A Bite

3. Demanding Payment Yourself– If there is Home Insurance– Small Claims Court

4. Hiring a Lawyer

Before a Dog Bite Happens

Factors that can contribute to dogs biting:

• Upbringing• Poor Socialization• Medical Issues• Fear Aggression• Territorial Aggression• Other Factors

Upbringing• An owner is responsible for raising his/her dog to be safe around other people and

animals. Behaviors that contribute to a dog biting are as follows: • Allowing the dog to nip as a puppy.

– If the dog nips you, you must ‘punish’ the dog by firmly telling the dog “NO”, and refusing to play with the dog further for a while.

– Allowing the dog to nip teaches the dog that biting is ok, especially when they want something from you

• Beating the Dog– Beating your dog can cause increased wariness and aggression, which can cause your dog to evaluate

any situation as a threat much more readily. Most dog trainers say that hitting your dog may solve problems in the short-term, but it is not a wise training method.

• No Boundaries– As the dog’s pack leader, their owner must set boundaries and let them know when they are crossing

those boundaries. If a dog has not learned how to obey it’s owner, it is more likely to rely on it’s own instinct to deal with perceived threats.

• Aggression Games – Some sources say games like tug of war teach aggression as a form of getting what he/she needs.– If you play tug-of-war, make sure you are always in control and that your dog will drop the rope

immediately when you tell them to.– If your dog touches your skin or clothes with his teeth, stop playing tug-of-war immediately.

Poor Socialization

• If a dog is not exposed to other dogs when it is young, it will not be able to play with other dogs as well.

• Puppies learn to play well with each other by stopping play when one of them gets hurt. Once the dogs learn that they play stops when they are too rough or aggressive, they learn to control their energy level.

Medical Issues• If a dog is in constant pain due to medical issues, this will

increase the likelihood of the dog becoming aggressive and biting.

• The following situations may cause increased aggression– Conditions that cause pain– Diseases that cause inflammation of the brain.– Hormonal diseases can increase aggression around food– Loss of hearing or sight can result in a dog being caught off-guard and

reacting aggressively. – Epilepsy can also lead to aggression

Fear Aggression

• Dogs will bite to protect themselves if they are afraid or threatened.

– If a dog has had a traumatic experience in the past, they will feel threatened if those circumstances present themselves again.

– This can present itself with any dog or human. If the dog feels uncomfortable with any situation, they will prepare to protect themselves.

Territorial Aggression• Dogs will also bite to protect their territory from what they

perceive to be invaders

– This includes be what the dog believes is it’s territory, like the owner’s house or land.

– This can also include a dog’s food or a dog’s toys.

– Many dog bites are reported as having taken place when someone unfamiliar to the dog was on the owner’s property, or was touching the dog while the dog was playing with a toy or eating.

Other Factors

• Dogs are 6 times more likely to fatally bite if a male

• They are 2.6 times more likely to bite if not neutered

• Pit Bulls, Rotweilers, German Shepherds– These breeds of dog are not dangerous on their own, as most dog bites from all species are

mild and go unreported and untreated. – However, these are breeds that have been bred to be strong, and a bite from one of these

dogs will usually be much more dangerous than a bite from a smaller breed of dog. This is why these dogs are often portrayed more poorly in the media.

Source: http://bit.ly/1M2YHLO

When a dog is about to bite:• A dog may bite if any of the preceding criteria are met.• Signs:

– Wagging Tail– Ears Pinned back– Raised Fur– Rigid Posture – The dog freezes– Licks lips or licks when someone is touching them– Yawns (shows off teeth)– Averting Gaze or Fixating their eyes on one spot– Cowering

• These signs show that the dog is anxious and may bite.

Source: http://abt.cm/1pHz3SP

When a Dog Bites

• Get Medical Attention– If you/the victim is severely injured, make sure they are rushed to a hospital.– Self-care:

• If the dog bite is bad enough, you may need an ambulance. While you are waiting for the ambulance, place a thick cloth or towel over the injury and elevate the bite area to slow the bleeding.

• If the bleeding slows, cleanse the bite area and apply a bandage. If not, keep pressure on the wound.

• If you have time, get information from the dog owner:– Owner’s Name, Contact Information, and Address– Learn whether the dog was up to date on all of its vaccinations– Assess what caused the dog bite.

After A Dog Bites

Options After a Dog Bite• Dog Bites can leave lasting physical and psychological effects that

require extensive treatment, not to mention hospital bills and the pain and suffering caused by the bite itself. Make sure to document every treatment and payment related to the bite.

• Bite victims generally have 2 choices for compensation:– Demand Payment Yourself

• Often the best option if your bite heals quickly with no lasting effect, or if the dog owner does not have homeowners insurance that covers the dog bite.

– Hire a Lawyer• A lawyer is a good option if the injury is especially serious, causes permanent

disfigurement or scarring, or if the insurance companies are especially difficult to communicate with and will not compromise.

Deciding How To ProceedThere are several factors that will determine whether it is worth it to hire a lawyer or to proceed with a demand yourself:

1. How Severe Are Your Injuries? – If your injuries don’t require surgery and they heal quickly without taking you out of commission for

more than a few days, you may want to see if you can pursue a demand yourself without involving a lawyer.

2. Does the owner have homeowners insurance? Does it cover the bite?– Most home or renters insurance will cover dog bites on the property and even away from the

property. However, if the owner of the dog does not have insurance, law firms will be less likely to secure settlement for you if the owner does not agree to pay. In these cases you may have better luck going to small claims court.

Deciding How To ProceedRegardless of the answers to the previous 2 questions, you should still calculate a rough estimate of how much you believe you are owed. This will include the following: • Hospital Bills• Doctor Visits• Lost Wages• Medication• Property Damage (ripped clothing/electronics)

You will also want to figure out how much to request for pain and suffering. Dog Bite cases tend to result in high emotional trauma, and you must consider a number that you feel is fair and just.

You can only file a lawsuit in small claims court for under $10,000. If you have calculated more than this for your damages, you may want to consult a lawyer even if there is no insurance covering the bite.

Making the Decision

• Injuries like dog bites can be overwhelming. Even if you don’t plan on retaining a lawyer, a call to a law office for recommendations or for a consultation is never a bad idea. Review your options and make the decision.

Demanding Payment Yourself

If the owner has home insurance that covers the bite:

• Get in touch with the insurance company. If a claim has not already been submitted by the owner, do so yourself.

• You will receive a call from an insurance adjuster, who will want to confirm details with you. If they ask you to give a recorded statement of facts, make sure you are calm and have a clear presence of mind. If you are taking medications or in extreme pain at this point, you may not want to give this statement yet.

• When you give this statement, answer all of the adjuster’s questions honestly and do not expand or volunteer information.

• When asked for documentation for lost wages, medical bills, or other related items, respond in a timely manner.

Negotiating

• The first offer an adjuster makes will usually be well below their limits, and most likely will not be close to the number you calculated for your damages.

• Prepare a demand letter laying out your damages and argument for your pain and suffering amount. An example demand letter can be found here.

• At this point if the adjuster does not tender your demand, you will have to do some negotiating with the adjuster. – Be respectful when you speak with the adjuster and make fair compromises.– Emphasize the areas of damages that you know the adjuster agrees with– Emphasize the emotional effects of the attack that your adjuster may not have thought

about.

• Be prepared to accept an offer that may be slightly lower than what you originally planned to get. If you reach a stalemate at a number that is too low for you, you may want to reconsider hiring a lawyer.

If the owner does not have home insurance:

• You will need to request your demanded amount from the owner themselves. Make sure to justify the amount that you are demanding with documented evidence.

• Note that many people will not have the ability to pay out as much money as you may think you deserve. If the owner agrees to pay anything above your special damages (bills, lost wages, property) it is probably wise to accept.

• If the owner of the dog is unwilling to pay you an amount that you think is reasonable, though you know that they have the means, you may have to take him/her to small claims court.

Going to Small Claims Court

• Before doing anything, research the process for taking a case to small claims court. Different states will have different processes limitations. For example, California allows lawsuits up to $10,000 in small claims court, but some other states will only allow $5,000.

• The California courts website has plenty of excellent resources regarding small claims.

• Most courts will also have small claims advisors who will help you figure out how to fill out your forms, file your claim, and serve the defendant. These can each be complicated processes which are made much simpler by having someone help you through it.

• Once you file your claim and receive a court date, you will have to prepare your case.

Your Trial• When you go to trial, you will need to prepare the following:

– Evidence• Medical Records, Bills, and any other documentation of the bite and injuries you have• Photographs of your injuries with dates to show how it healed.

– Witnesses• If there were witnesses to the bite, you will want to call on them to testify what happened. • If they are unwilling to come to court, you may serve a subpoena to them in person. • Witnesses you subpoena can ask to be paid for their time. If a witness asks to be paid and you

do not pay them, they are not obligated to show up at your hearing.

– Diagrams for explanation (if necessary)• You can aid your explanations with diagrams and pictures that will help the judge understand

your circumstances better. (e.g. If you were unable to keep your distance from a dog when you were on a narrow walkway or bridge)

Recommendations• Be engaging when explaining your case:

– Do not read your statement from notes, prepare ahead of time!– Keep your presentation brief and omit unnecessary explanations– Answer questions immediately when received from the judge

• Be respectful to all parties– Do not interrupt the defendant or a witness.– Keep calm and composed

• Use laws or prior court decisions to support your demand

Hiring A Lawyer

Benefits• Unless a lawsuit is filed and punitive charges are assessed, the

preparation for your demand will be similar to if you had negotiated a settlement with the insurance company yourself. However, hiring a lawyer has several advantages:– A good lawyer will be able to manage your dog bite case allowing you

much less stress than if you had attempted it yourself– A lawyer is also able to recover a more sizeable settlement as they are

taken more seriously by insurance adjusters.– A lawyer will know exactly what documents and evidence they need to

proceed with the case and gain a favorable resolution, taking the guess-work and uncertainty out of the equation for you.

– Lawyers working on a case will keep things civil and peaceful between you, the owners, and the insurance company. This is especially beneficial if you have an existing relationship with an owner.

After Hiring A Lawyer• Remember to keep track of all documents relating to your

case to give to the law firm when they request it. • Maintain contact information for the owner and any

witnesses.• Focus on healing your wounds – don’t stop treating or taking

medication unless a doctor tells you to.• Document your healing process with pictures

Process• The law firm will work with the insurance company, presenting the facts of

your claim and giving evidence as to the extent of your injuries.• Negotiations will take place and the both the law firm and the insurance

company will come to an agreement of what your claim is worth. • If both parties are at a stalemate, a lawsuit may be filed in an attempt to

get you the compensation you deserve.

• After a settlement or verdict, the lawsuit will pay out the amount that you have received and your case will be closed.

Questions?Ask:

Bisnar Chase Personal Injury Attorneyswww.BestAttorney.com/dog-bites

or call: (800) 315-5889