Not Everyone’s Best Friend
Having dogs around the home is common today. While they are domesticated animals, it is a fact that they can attack anyone at any time. The Code of Alabama deals with dog bite injuries. It states that the owner of the dog is liable for injuries caused bythe dog if:
- The injured person did not provoke the dog.
- The injured person was not trespassing.
- The injured person was on the dog owner’s property or had just left it and was chased off of it by the dog.
Alabama’s statute applies to all injuries caused by dogs, not just dog bites. For example, if a dog jumps on a person and knocks him down causing injury, the statute applies. Alabama’s dog bite statute does not apply to situations, however, in which a dog injures a person in a public place, like a sidewalk or park. However, the injured party may have a claim based on the theory of negligence. In other words, the injured person will have to show that the dog owner failed to use reasonable care in controlling the dog or otherwise preventing the bite from occurring. The fact that the dog had been aggressive in the past, either by aggressive behavior, or prior biting incidents, can also be a factor in determining a dog owner’s responsibility or negligence.
As you can see, there are many factors that go into a dog bite case. Often, there may be insurance coverage for the dog owner through their homeowner’s insurance coverage. These are difficult cases to navigate through and it is advisable to have an experienced attorney handle these type of cases for you. Our firm has extensive experience in this area and can best protect your interests. Hopefully you will never have this situation occur, but if it should, our firm is available to help you in this regard.
-Frank S. Buck, P.C. Attorney at Law
Offering professional legal services and serving Alabama citizens for over 40 years. Experienced trial attorneys with over 90 years of combined trail experience. Available 24 hours a day at 205-933-7533. Call for free consultation.
