Pit Bull Bites and Injures Man
I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.
Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.
Today’s question comes from a caller who indicated that he had been bitten by a pit bull terrier. He said the dog was loose and bit him when he walked on the sidewalk in front of the house of the people who owned the dog. He wanted to know his legal options.
The American pit bull terrier that bit the man was owned by a neighbor who did not leash the dog and was known to let it run free in the neighborhood. The dog also had a history of biting others.
Individual dogs, even those of a breed otherwise known to be aggressive, will have their own personality and behavior traits.
While the pit bull terrier is considered to be high on the aggressive range, many people assert that they make fantastic pets if well-trained and well-cared for.
While some individual members of the breed might make good pets, scientific studies have shown that this breed of dog will bite more often than other dogs and that when they do inflict a bite wound, the wounds are frequently more serious than other dog bites, and require more medical care.
It is never sufficient to argue alone at trial that the particular breed responsible for biting an individual is known to be an aggressive breed.
The trial attorney will still have to present evidence about the individual dog. Such evidence will include the size of the animal, how well it is socialized, and its previous aggressive behavior.
In other words, when a dog has bitten other people in the past, the animal’s biting history must be brought out at trial.
Arguing alone that the dog is an aggressive breed will not convince a jury.
The suing party must show that the particular dog involved in the biting attack was a known danger, or exhibited characteristics that should have revealed to the owner that it had the propensity to pose a danger.
Often it is important to have a dog expert examine the dog and note its behavior in response to people and specific situations.
Remember, many people on the jury may own a dog. Some may even own a dog of the breed involved in an attack.
If you sue for injuries suffered during a dog bite incident, the dog and dog owner will both be on trial.
When an owner knows that their dog has bitten people in the past, but fails to take any action to keep the dog leashed, or inside and away from members of the public, this fact must be brought out at trial.
I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”
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