Most dog bite cases fall under premises liability law. With a premises liability case, victims hold negligent dog owners liable for the harm the dog caused. However, what if the dog walker’s negligence wasn’t the problem?
What if s/he had the dog appropriately restrained, but it was a defective dog leash? In this type of incident, rather than filing a premises liability claim against the owner, the victim would file a product liability claim or lawsuit against the dog restraint manufacturer.
Holding the Company Liable for Your Damages
If the dog was restrained in a kennel or with a tether or leash and a defect in the restraint caused the dog to escape, the manufacturer might be liable for any damages resulting from the dog. Of course, if the control wasn’t being used as designed, wasn’t correctly installed, or was old and need of replacing, you can’t hold the manufacturer liable. (If this is the case, you’d probably file a suit against the dog owner.)
You can only sue the manufacturer if the restraint was faulty – either because of a defective design or errors made during production. To file a product liability claim or suit the dog restraint company, you’ll need to be able to prove the following elements.
- The restraint was being used as designed.
- The restraint was defective.
- The restraint’s defect was the cause of your injury, i.e., you would not have been attacked and injured by the dog had the restraint been sound.
- You suffered actual injuries as a result.
Determining the Best Way to Seek Recovery for Damages
Dog bite attacks cause significant damages. In 2013, insurers shelled out $483 million for dog bite liabilities in the U.S., reported CBS News. Reconstructive surgeries, lengthy hospital stays, infections, long-term rehabilitation, and treatment for severe emotional damages are very common; all of these needs cost a significant amount of money. Not to mention the fact that victims usually have a substantial loss of income after the attack because they are unable to return to work while recuperating. One dog bite can mean tens and even hundreds of thousands of dollars in damages.
If you don't have knowledge about dog bite law, then you are in luck. There is an attorney right here in Peachtree City that handles dog attacks. Contact dog bite injury lawyer Jason R. Schultz for a consult. He can review the evidence in your case, determine the most advantageous legal action to take, and help you obtain the maximum settlement possible.
Call the office today at 404-474-0804 for a free case evaluation.