Dogs are a big part of the lives of those who live in Coeur d’Alene, and most of the time they don’t pose a danger. However, sometimes things go wrong. A dog feels threatened or gets overprotective of their owner and bites someone. Dog bites can be painful and cause as much mental pain as they cause physical pain
Dog Bite Liability in Idaho
Confusing dog bite laws in Idaho don’t make injury claims as easy as they should be for the victim. Idaho is one of the few states where there is no written law that clearly addresses when dog owners are financially responsible for a dog bite. There are several statutes that could affect your right to collect compensation.
However, as in all personal injury cases, when a victim proves that a dog owner was negligent in a “duty of care” to keep others safe, the victim should have no problem earning compensation through a dog bite liability claim. Having an experienced Coeur d’Alene Dog Bite Lawyer representing your case is the best way to make sure your case navigates confusing Idaho dog bite laws effectively to secure an insurance settlement.
Negligence is sometimes hard to prove, but if some factors are present in your case, it can help to hold a dog owner responsible.
- Aggressive Dog: A previous serious bite or attack can be used to show that the dog was aggressive. If a dog is deemed aggressive and then bites someone, then the owner is liable for the injuries. The law gives the owner of an aggressive dog a duty to keep it from harming anyone.
- State Law: Idaho bans some dog breeds, and others are considered dangerous and aggressive, and the owner has to keep such a dog from attacking anyone. (See Idaho Statutes Title 25, Chapter 25, Section 25-2810).
- Trespassing Dog: If the dog was trespassing on another person’s property or enters another person’s yard or house and bites or attacks someone, the courts will allow this as evidence to prove that the owner was negligent.
These are only a few examples of how owners can be proven negligent when their dogs bite.
Idaho courts still use the state’s “one bite rule” statute to decide some, but not all, dog bite cases. “One Bite” laws hold dog owners liable for a dog bite only if the dog had bitten someone before or had shown aggression previously. This statute doesn’t decide every Idaho dog bite injury case though. If you were bitten by a dog that wasn’t documented as having bitten anyone before, you and your attorney still have ways to prove a dog owner is financially responsible for your recovery.
Talk to a Coeur d’Alene attorney who can help you understand how Idaho’s laws work and how you can put together the strongest dog bite injury claim possible. Contact CCD Law today to schedule a free consultation to go over your options.
Places Where Dogs Bite in Coeur d’Alene
Dogs are everywhere, so a dog bite can happen anywhere. The place where the bite took place can make a difference in your claim. If the place was a public place, the owner has a duty to keep a dangerous dog from biting people. However, if you are in the owner’s yard without permission, then you might have provoked the dog and would have difficulty making the claim, even if the owner knew it was dangerous.
Some situations where dog bites are common:
- Friend or relative’s home
- Delivery driver
- Children bitten by dogs
- Non-Bite Knockover
- Dog parks
- Public parks
- Street sidewalks
- Public gatherings
- Own home by an uninvited dog or invited dog
Damages in a Dog Bite Case
When a person is bitten by a dog and sustains a physical injury, the law allows him or her to collect monetary damages from the negligent owner. Damages can be anything that caused a financial loss as a result of the bite, or it can be compensation for things like anguish or suffering.
Under Idaho personal injury law, a victim of a personal injury due to someone else’s negligence or fault is allowed to recoup financial compensation for their injuries. Many of these are obvious like medical bills, but the law allows for just about any losses that can have a monetary value assigned.
Some of these damages are:
- Medical bills
- Lost time from work
- Permanent disability
- Transportation to treatment
- Job retraining (if you can’t do your old job)
- Pain and suffering
- Loss of quality of life
- Loss of Consortium (physical intimacy)
- Mental anguish, including PTSD
Contact a Dog Bite Attorney Today
If you’ve been bitten by a dog and have suffered a serious injury, you might wonder if you need an attorney. The answer is most likely yes. The law surrounding a dog bite can be tricky as there are rules to follow and deadlines to meet. Also, an experienced attorney knows where to look for sources of compensation should you settle or win in court.
Talk to the knowledgeable and experienced attorneys at Crary, Chuang, & Domanico, P.S., to help you figure out the next best steps. We serve clients in Coeur d’Alene and surrounding communities and can go toe-to-toe with the insurance companies and their lawyers to get you fair compensation for your injuries. Call us at (509) 926 4900, or send us a message by clicking here.