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877-SEKAS LAW (735-2752)
New Jersey
530 Sylvan Avenue
Englewood Cliffs, NJ 07632
201.816.1333
Fax; 201.816.1522
New York
515 Madison Avenue
Eighth Floor
New York, NY 10022
212.695.7577
Fax: 212.695.0152
Connecticut
2750 Whitney Avenue
Hamden, CT 06518
203.281.1717
Fax: 203.281.7887
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PERSONAL INJURIES FROM ANIMAL
BITES OR ATTACKS
Although animal-attack claims
most commonly involve dog bites,
many other types of domesticated
animals, such as ferrets, cats,
and even birds, can also bite
humans. Even non-domesticated
animals, such as large cats
ordinarily found in the wild,
but owned by some people as pets
have been known to attack
children and adults. An owner's
liability for injuries caused by
his or her pet, if any, will
vary greatly from jurisdiction
to jurisdiction. A lawyer from
our firm who is experienced in
handling personal injury claims
is an excellent source for
accurate advice and information
if you have been injured in
animal attack.
Proving Owners' Liability in
Animal Attack Cases
To succeed in most animal attack
cases, the injured person must
prove that the animal that
caused the injury was owned and
kept by the defendant. In the
past, the injured person was
also required to show that the
owner knew or should have known
that his or her animal was
dangerous, mischievous, vicious,
or prone to such threatening
behaviors. Under current law,
however, when it is proven that
an owner was somehow negligent,
such as by not properly
restraining or containing the
animal, the injured person may
often recover damages without
proving the animal's
viciousness.
An owner of an animal may be
found liable under any
circumstances in which he or she
had knowledge of the animal's
viciousness but failed to act in
order to prevent injuries to
others. Accordingly, if an
animal exhibits vicious or
uncontrollable behavior, the
owner should take steps to
shield the public from the
animal. For example, if an
individual owns a pit bull with
a propensity to attack and bite
without provocation, the owner
should probably keep the dog
indoors and, while outside, in a
yard from which it cannot
escape. If he or she does not
adhere to these common-sense
guidelines and the animal
attacks, the injured party may
be able to recover his or her
damages.
Those who keep animals generally
considered wild, such as lions,
bears, and monkeys, are
typically liable for injuries
caused by such animals
regardless of whether the
particular animal is known to be
dangerous. Because wild animals
are generally presumed to have a
natural tendency to revert to
their wild mannerisms no matter
how well trained or
domesticated, owners of such
animals are often said to be
"strictly liable" for any
injuries caused by their wild
animals. However, strict
liability may not apply if the
animal injures someone while it
is confined or restrained on its
owner's property, but this is a
factually dependent argument
that will not apply in every
case.
In some states, it is not always
necessary for the animal to
actually bite or attack the
victim to hold the owner liable
for an injury. For example, a
pedestrian who breaks his or
ankle in a frightened attempt to
get away from a fenced in dog's
snapping, barking, or other
aggressive behavior, may
nonetheless be able to sue the
dog's owner successfully if he
or she can show that the actions
of the dog led to the injury.
Defenses to Liability in Animal
Attack Cases
People who are injured in animal
attacks are not always entitled
to recover damages. If the
injured person provoked the
animal, for instance, recovery
may be denied. Similarly, if a
pet owner informs his or her
neighbor that his or her pet
parrot is not friendly and
should not be touched, but the
neighbor does not heed this
warning and is thereafter pecked
or bitten, recovery may be
denied. If the owner merely
stated that the parrot was not
always friendly, on the other
hand, but still encouraged the
neighbor to pet it, the owner
could likely be liable.
People who are injured by an
animal while on the owner's
property are generally unable to
recover if they are trespassing
at the time of the attack. In
many states, in order to
successfully bring suit under a
dog bite statute, the injured
person must show that he or she
was lawfully in the place where
the injury occurred. If injured
person was a trespasser at the
time of the attack, the animal's
owner may not be liability for
injuries caused by his or her
animal. If, for example, someone
jumps over a fence into an
enclosed junkyard with "Beware
of Dog" warnings posted and
taunts the German shepherd guard
dog with a stick, the junkyard
owner may not be liable if the
dog bites the trespasser.
Conclusion
Persons injured by biting or
attacking animals should seek
the counsel of a personal injury
lawyer who can explain the
complexities of their case and
provide guidance through the
legal system. If you or someone
you know has suffered personal
injuries as a result of an
animal attack, an experienced
and knowledgeable personal
injury lawyer at our firm can
advise you on whether you may
have a claim against the
animal's owner and can help you
pursue the maximum damages to
which you are entitled.
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