Dog attacks are traumatizing, and your injuries can be painful and leave permanent physical and mental scars. Recovering compensation for the damages associated with such an ordeal is often essential to preserve your financial well-being.
The legal representation of a Midwest City dog bite lawyer could help maintain your financial wellness. Consult a personal injury attorney and schedule an appointment to review your legal options as soon as possible.
Dog Bite Laws in Midwest City
Dog bites are regarded as serious incidents in Midwest City. As such, Oklahoma state law outlines how liability may be established for the injuries that they cause. Oklahoma Statutes §4-42.1 puts the liability for any injuries suffered after a dog bite squarely on the dog’s owner, so long as the dog was not provoked and the injured individual was legally in the place where the attack happened.
This statute makes Oklahoma stricter in this regard than many other states, where the “one bite rule” is upheld. Under state law, dog owners in MWC can be held fully liable for their pet’s actions, even if they had no previous indication that their dog was aggressive. However, proving that an injured person was lawfully in the place they were attacked and did not provoke the dog may require the help of a Midwest City dog bite attorney.
Understanding Provocation in Relation to a Dog Bite Incident
In an attempt to deflect and dodge responsibility, dog owners in Midwest City frequently claim that a dog bite victim provoked their pet and that this provocation led them to get bitten and seriously hurt. Claims of provocation often include allegations that the victim was throwing things at the dog, hitting or punching it, teasing it, or threatening the dog’s owner.
Constructively addressing these claims often involves a fact-intensive investigation that frequently takes the following factors into account:
- The breed of the dog
- The age of the victim
- The victim’s prior experiences with dogs
- Past attacks and incidences of aggression by the dog
- Whether the dog was restrained at the time of the attack
A dedicated lawyer in Midwest City could help conduct such an investigation and uncover key facts that may highlight an injured person’s need for compensation.
An Injured Individual’s Legal Right to Be in the Area
Another critical aspect of a dog bite case is whether the victim had a legal right to be in the area where the attack happened. The dog owner may not be legally liable if the victim was unlawfully in the area, such as trespassing. This exception to the usual rule is meant to protect homeowners and deter crime by refusing burglars and trespassers compensation if a guard dog attacks them.
However, the implementation of this exception is not always so straightforward. Minor instances of trespassing, like cutting across the corner of a yard to shorten a walk home, could prevent an unrepresented dog bite victim from recovering the compensation they should be entitled to receive.
Call a Midwest City Dog Bite Attorney Today
Dog bite victims usually have to act quickly to file a lawsuit within the statute of limitations. Oklahoma Statutes §12-95(3) requires all personal injury lawsuits to be filed within two years of the injury, including those involving injuries sustained in a dog bite incident. Discussing a case with a Midwest City dog bite lawyer well before this date could be important for victims who want to ensure they present a strong case for compensation.
If you or someone you love suffered injury from a domesticated animal attack, retaining a skilled lawyer could be the best way to ensure your financial well-being is not also impacted by the terrible ordeal. Call and set up an appointment today to get started.