What happens when a dog bites you or your child when visiting a friend’s house? Most domesticated dogs are well-behaved and good around children. However, dogs can get agitated or territorial and lash out.
When this happens and you are at a friend or relative’s house, the law allows you to seek compensation under certain circumstances.
Getting Bitten by a Dog in Idaho
Let’s start by looking at the dog bite laws in Idaho. The state is one of the few states where there is no written law that specifically addresses dog bites and when someone is liable for a dog bite. This means that the victim must prove that the owner was negligent before a dog bite liability claim can be made.
While that’s sometimes hard to prove, there are some circumstances that can help show the owner was negligent.
- 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 just a few ways that an owner can be considered negligent when their dog bites someone. Some have said that in Idaho, you can only get compensation for a dog bite if the dog had bitten someone before. It’s called the “one bite rule” and most states have done away from this rule.
Idaho is one of the states that have kept the old rule, however, it’s not as simple as if the dog has bitten before, then the owner is liable if he bites again. Instead, the law puts the burden of proof on the victim to prove negligence, and a previous attack on someone can indicate that the dog has been aggressive, but it’s not the only way.
Talk to an attorney who can help you understand how the law works and how you can make a dog bite claim.
Dog Bites in Friend’s Home
The key here is that you were invited on the property, and that means that the owner of the house and the dog owes you a duty of care to not negligently let his or her dog bite you. So what does that mean? Remember, in Idaho, you have to prove that the owner did something negligently which led to the bite.
Types of Compensation Bite Victim Can Seek
In Idaho, once you have proven that the owner of the dog was negligent and the negligence led to the dog bite, then you can get certain damages from the owner of the dog. Some of the most common types of compensation allowed by law.
- 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 Couer d’Alene Dog Bite Attorney
The most important thing is to get your child’s injuries taken care of. You can take pictures of the bite before treatment, and even of the dog if the situation allows. But after that, you need to talk to Idaho Dog Bite Attorney who knows Idaho’s law regarding dog bites.
Talk to the knowledgeable and experienced attorneys at Crary, Clark, Domanico, & Chuang, P.S., and get someone on your side. We serve clients in Spokane, WA, Coeur d’Alene, ID, 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.