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Proving that the owner had knowledge of a vicious pet

Some states practice strict dog-bite laws that, in the case of a dog-biting incident, may place liability on the owner of the animal who will then be required to compensate the injured party. In other states, where such laws don't exist, if the injured demands recompense for their injuries they must provide proof to the court that the owner of the attacking animal was aware of the violent tendencies of the animal.

Points that the injured can use to make a valid case in court include factors such as the size and breed of the animal. Larger animals are typically considered more dangerous as well as certain breeds such as the pit bull or Rottweiler which are known for their aggressive nature. If the dog was kept for protection and trained to attack people, this could also be used against the owner.

Similarly, any previous history of attacks by the dog can be used to show that the owner was aware of the violent nature of their animal. If proper precautions were not taken by the owner to prevent such future incidents, this could affect their creditability. Even if the dog had not previously bitten any human but frequently had fights with other animals, snaps often or if the owner frequently muzzles the dog in public places, this can demonstrate the aggressive tendencies of the animal and can be used to argue that the owner was well aware that their dog could be a danger to others.

All these factors place liability on the owner and help you strengthen your case in court and may allow you to demand a higher recovery claim. You may also benefit from speaking with an attorney who will not only review your case but also guide you through the proceedings.

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Bender & Gritz, APLC
501 West Broadway, Suite 1500
San Diego, CA 92101

Telephone: 619-515-0222
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