You can file a lawsuit or insurance claim with the help of a dog bite attorney to get compensation for damages if someone else’s dog bites you. But this need not always be successful as the other person’s lawyer or insurance company can argue that the dog reacted because of provocation on your part and that you are partly responsible. At times this can be true, and the dog owner can win his defense. The purpose of this article is to investigate what happens in a lawsuit or insurance claim if you are partly responsible for your dog bite injury.
Instances When The Victim Shares Responsibility For Dog Bites
There are many instances when the victim of a dog bite shares responsibility for the incident. For example, people might enter a premise knowingly or unknowingly with the warning “Beware of Dog” or put their hand through a fence to pet a dog, and so on. In such situations, the person bitten by the dog is also at-fault for the incident. So, consulting with a dog bite lawyer will help you to analyze whether you are partly or fully responsible for the injuries due to a dog bite, and the lawsuit or insurance claim can proceed accordingly.
Different Rules For Shared Fault In Dog Bite Injury
There are mainly three types of approaches to shared responsibility in dog bite injuries, and they are the following:
- Pure Comparative Negligence: In this type of negligence, the percentage of reduction in the compensation for dog bite injury is equal to the victim’s share in the incident. There are cases where the plaintiff is mostly responsible.
- Modified Comparative Negligence: This is a modified form of the previous one where the plaintiff, i.e. the victim will not receive compensation if his/her share in the incident is 50% or more.
- Contributory Negligence: In some states, the plaintiff, i.e. the victim will not receive compensation if he/she has the slightest contribution to the incident.
Influence Of Comparative Negligence On The Outcome Of Dog Bite Insurance Claim Or Lawsuit
To give you a good understanding of the influence of the comparative negligence rule on the compensation for a dog bite, let us take an example. Consider that the jury finds the cost of damages for the victim to be $20,000, but the victim’s share in the incident is 25%. So, the plaintiff would only receive only $15,000. Therefore, it is important to get the services of an experienced dog bite attorney to file a dog bite injury claim.
We hope that the details shared above gave you a good understanding of the outcome of an insurance claim or lawsuit when the victim is partly responsible for a dog bite injury.