Dog parks are a popular place for Couer d’Alene dog lovers to play with their dog free from the leash and among other dog lovers. With all that energy and running around, dogs are bound to get overexcited and bite someone.
At Crary, Clark, Domanico, & Chuang, P.S., we feel strongly that people should be able to visit public places and dog parks without being injured by someone’s dog. We have helped many victims get compensation for damages from dog bites so they can get on with their lives and not have to worry about the financial burden that comes with a serious injury.
Getting Bit 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, some circumstances 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 Park Bites
The owners of dogs at a dog park have a duty of care to those around them to keep them reasonably safe while they are in a dog park. However, the same rules on negligence apply, and the victim will need to prove that the owner of the dog was negligent.
In some cases, the owner of the dog park might have some liability depending on the circumstances. If this can be proven, then the victim can also seem compensation from the owner or manager of the dog park.
My Dog is Injured
What if your dog is bitten by another dog and severely injured? This happens sometimes, and the same rules for proving negligence applies. If you can show that the owner was negligent, you can seek damages for your financial losses associated with an injury to your dog such as medical bills, etc.
Damages in a Dog Bite Case
Under Idaho state law, a victim of a personal injury due to someone else’s negligence or fault is allowed to seek compensation for all injuries and financial losses. 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)
General Damage (Intangible, but related to injury)
- 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.