Dog bite statute real definition!

Real simple definitions

  • A “dog bite statute” generally makes a dog owner strictly liable for dog bites if the victim did not provoke the dog and was not a trespasser. Some statutes also cover non-bite injuries and make non-owners liable too. Go to your state’s page here on dogbitelaw.com for more details.
  • Negligence” means doing something that a reasonable person would not have done, or failing to do something that a reasonable person would have done. Example: letting a dog loose in the house after promising a guest it would be locked up.
  • Negligence per se” means liability based on violating a law that would have prevented the accident. Example: a leash law.
  • Scienter” refers to keeping a dog after learning that it has the tendency to harm a person by biting, playing too roughly, etc. It also is called the “one bite rule” even though a bite is not required.
  • An “intentional tort” means conduct that is intended to cause injury. Example: commanding a dog to attack a person without legal justification.

The one bite rule

In every state, a dog owner or harborer will be held liable if he knew, before the biting incident, that his dog had the tendency to bite people without justification. Even though this is the law throughout the USA, it is important to the dog bite victim only in the few states that have not enacted statutory liability (see below). It is the most difficult legal ground for the victim, because he must prove that the dog previously bit a person or acted like it wanted to bite a person, and that the owner knew or should have known of the dog’s propensity to bite. This rule also covers injuries other than bites, such as “knock-downs” and tripping. It also governs liability stemming from injuries inflicted by other domestic animals, such as cats. Additionally, it is the basis for holding third parties such as landlords liable for dog bites.

The names “one bite rule” and “first bite free rule” are inaccurate because a “bite” is not necessarily required. A victim is entitled to recover if he can prove simply that the dog previously demonstrated that it wanted to bite people, and that the dog owner knew (or should have known) that the dog previously demonstrated this vicious tendency.

Negligence

In almost every state, a dog owner (as well as any other person) will be held liable if his negligence causes a biting incident. “General negligence” is the doing of an act without due care, or failing to do something that due care requires. It also can be defined as doing something unreasonable, or failing to do something that reason requires. A common example of negligence is allowing a dog to run loose in a day care center. Other examples of negligence include allowing a dog to run loose at a sleepover, chaining a dog to a tree near a family gathering, and walking too many dogs at once. A landlord can be held liable for negligence for allowing a vicious dog to live on the landlord’s premises or even a tenant’s premises.

Another kind of negligence is violating an animal control law. Many cities have leash laws, laws that prohibit dogs from running at large, and laws that prohibit dogs from trespassing. Breaking one of those laws is not only a minor crime but also a form of negligence. It is referred to as “negligence per se,” which is defined as the doing of an act that violates a law intended to prevent harm, such as a leash law. The person who violates any such law usually must pay full compensation to someone who is hurt because of the violation, as well as pay the penalty for the crime.

There are many types of animal control laws at the state, county and city level, so one must always study all three codes. Whenever there is no history of prior biting, and nothing negligent about the dog owner’s behavior, the entire claim might rest upon the violation of an animal control law or the creation of a public or private nuisance. For that reason, an attorney must be consulted. Additionally, there are subtle differences in how legal doctrines are applied from one jurisdiction to the next. For example, some regard a violation of an animal control law as evidence of negligence as opposed to negligence per se. Again, a personal lawyer must be consulted.

 

Statutory liability

In two-thirds of the states, a dog owner (and sometimes a harborer or keeper) will be held liable for dog bites pursuant to a statute. In general, statutory liability is the most simple way that a victim can receive compensation. Additionally, it is the least disruptive to the relationship (if any) between the victim and liable party — an important consideration because 75% of the time they are relatives, friends or neighbors. This form of liability does not make the victim an “accuser,” or require proof that someone did something “wrong.”

The states having a dog bite statute are referred to as “statutory strict liability states.” The usual prerequisites for compensation are that the victim was bitten, and the “defendant” owned the dog. The victim does not have to prove that the dog previously bit anyone or acted like it wanted to bite anyone. One must always read these statutes closely, however, because some have limits or additional requirements. A few even combine principles of negligence and the one bite rule, and therefore are called “mixed” dog bite statutes.

 

 

 

What To Do After An Accident?

Although each piece of proof should be taken a look at by itself, there are actions that can be taken early in a case to make sure that a jury has the chance to analyze all pertinent proof.

 

Exactly what to Do After an Accident

The days right away following a mishap are typically the most essential for discovering and maintaining proof of exactly what took place. It is essential that appropriate proof be collected, recognized and cataloged. Phoenix-based mishap cases that go to trial normally wind up being heard in Maricopa County Superior Court or Arizona Federal District Court. Both courts have intricate guidelines of proof that identify exactly what a jury will eventually hear by a personal injury attorney.

 

Although there are various kinds of pertinent proof, some examples consist of:

Physical Evidence

In the digital age, the proof conservation procedure has actually ended up being crucial in civil lawsuits and injury cases. In the criminal arena, authorities would take proof, seal it in plastic bags, label it, and sign it into a locked proof space till its discussion at the trial. If the proof were secured for any factor, it would be kept in mind in a proof log. In the civil arena, nevertheless, proof can be both electronic and physical. The phases of electronic discovery in civil lawsuits are: recognition, conservation, collection, processing, evaluation, analysis, production and discussion of proof at a trial. Examples of non-electronic proof in an injury case might consist of: pictures of the mishap scene, pictures of cars, physical lorry parts, natural factors to a mishap such as a tree branch, authorities reports, medical records and individual notes about the mishap.

Chain of custody describes the proof, or sequential paperwork, revealing the seizure, custody, control, transfer and analysis of physical, or electronic proof. The procedure is essential to reveal that the proof collected is lawfully appropriate to courts and federal government companies. It is very important to be able to reveal that the proof gathered at a mishap scene has actually not been modified, concealed, or damaged, which it precisely shows the real occasions that took place.

The Arizona Judicial Branch comprehends the value of digital proof; subsequently, it has actually developed the Task Force On Court Management of Digital Evidence by Administrative Order 2016-129 in order to establish policies for court management of digital proof.

Physical proof might be really practical to reveal who was at fault in a mishap. Some examples of physical proof consist of:

Damage to a cars and truck revealing it was struck

Torn or bloodied clothes

A used or damaged stair that triggered a fall

An overhanging branch that obstructed roadway presence

It is essential to recuperate physical proof right away after a mishap since, if it is not protected or photographed in the very first couple of days, it might get customized by time, the weather condition, lost, ruined or fixed. It is likewise essential that you deal with an attorney to brochure its area as soon as kept to guarantee exactly what’s called the “chain of custody” and future admissibility.

 

Authorities Reports

In some scenarios, realities in the cops report might be acceptable under Arizona Rules of Evidence Rule 803( 8), the general public records exception to the rumor guideline. Reports made by federal government representatives, such as authorities reports, are consisted of in this exception. The complete list of Arizona rumor exceptions supplies extra chances for proof to be confessed.

Under ARS ยง 28-666, the motorist of an automobile associated with a mishap that leads to injury to or death of an individual will notify right away to either the regional cops department, county constable or closest highway patrol.

A cops report might be utilized in your Phoenix injury settlement negotiations. If the authorities report shows fault, it might be utilized as a settlement tool. The lawyers on the Lamber Goodnow group or their partner companies will prove and utilize details from the cops report, in addition to medical records, proof of lost earnings, descriptions of loss of pleasure and other crucial files to prepare a need letter for the at-fault’s insurer, requiring damages in order to make our customer whole. The need letter would sum up the realities of the case, explain the injury, supply proof of loss and need payment for injuries.

A cops report is normally inadmissible (declined as legitimate) in court due to the fact that it is thought about rumor. The legal meaning of rumor is: “a declaration constructed of court that is used in court as proof to show the reality of the matter asserted.” Simply puts, rumor is any declaration made outside the court that is provided in court to show that the details in the declaration holds true. A declaration might be thought about composed, oral or perhaps a gesture.

When the cops come to the scene they will produce an authorities report. The cops report will typically be a crucial piece of proof in figuring out the reason for the mishap, although it is typically inadmissible in court. An authorities report will consist of valuable details such as the date, climate condition, time and place of the accident event. It will likewise frequently consist of the name, phone number and declarations of others associated with the mishap, or any witnesses to the mishap, which might show indispensable when aiming to show fault. In addition, the report will have the officer’s preliminary evaluation of fault. This will consist of the officer’s composed story of the information and reasons for the mishap, and generally consists of a diagram.

The factor these declarations are generally inadmissible is since they are not made under oath, for that reason, a judge or jury can not personally observe the temperament of the individual making the declaration. In addition, the opposing celebration can not cross-examine the individual making the declaration. If the declaration is made out-of-court, a judge or jury does not have the capability to evaluate the declaration for uncertainty, insincerity, defective understanding or incorrect memory.

Not all out-of-court declarations or assertions are thought about rumor. The declarations of any celebrations to a case are permissible in Arizona accident cases, as holds true with all civil matters. The Federal Rules of Evidence, and the Arizona Rules of Evidence, overview numerous kinds of declarations that are omitted by the Hearsay Rule, along with exceptions to the Hearsay guideline, and therefore, might be heard and thought about by a judge or jury.

When an authorities report has actually been produced you might acquire one by requesting it from the authorities department. If you understand which police concerned the scene of the mishap and prepared the report (state highway patrol, county constable), you might call the authorities department and acquire the records. Depending upon the jurisdiction, there are likewise online record demand services.

 

Medical Records

Medical records are an essential type of proof due to the fact that they can assist develop the degree of an individual’s injuries, and the quantity of payment they need to require. If you have actually been hurt in the mishap, ensure you get medical treatment for your injuries as quickly as possible. Seeing a physician is very important to start instant treatment, along with to record your injuries from a mishap. Medical treatment and treatment might last a lot longer than you prepare for, so make certain that you protect all medical records. Files to maintain consist of:

Arizona’s Hearsay Exceptions 803( 6), Records of a Regularly Conducted Activity and 803( 4), Statement Made for Medical Diagnosis or Treatment are both rumor exceptions that produce the admissibility of Medical Records in court.

Emergency clinic confessing charts

Paramedic reports

Physicians’ and Nurses’ notes (this consists of therapists).

Test and test outcomes.

Your doctor’s medical diagnosis and diagnosis.