Dog Bites and Attack Lawyer in Delaware
Even though they are said to be “man's best friend,” dog bites and dog attacks are fairly common. The experience alone can be traumatizing even when the injury itself may not be significant. Victims who have been hurt deserve to be fully compensated for their injuries, including any pain and suffering.
At The Law Office of Trapp Nicholl, our dog bite injury attorney in Delaware will make sure you get full and fair compensation. We know the law. We know the community. We know how to deal with insurance companies and other potentially liable parties. Contact us at (302) 253-8232 to schedule a free initial consultation to learn more about how we will help you during this traumatic time.
Dog Bite Statistics
According to the Center For Disease Control (CDC), an estimated 4.5 million dog bites occur every single year. Those bites, however, come in a wide variety of severities, with only about one in five – 885,000 of them – requiring medical attention. Fatalities from dog bites are rare, but do occur occasionally.
Why Do Dogs in Delaware Bite People and Who Is At Fault?
Strict Liability of Dog Owners
Under Delaware law, a dog owner is strictly liable for any damages caused by their dog. As such, dog owners are typically liable for any injuries caused by their dogs regardless of if they were or were not negligent subject to a few exceptions. These exceptions are:
- The injured person was teasing, tormenting or provoking the dog.
- The injured person was trespassing or attempting to trespass on the property of the dog's owner.
- The injured person was committing a criminal offense or attempting to commit a criminal offense on the property of the of the dog's owner or against any person.
Examples of Why Dogs Bite
Dogs bite people in Delaware and elsewhere for many reasons. Some of the most common include:
- The dog is chained or otherwise in some kind of stressful situation.
- The dog is trained to attack.
- The dog feels scared or threatened or is otherwise provoked.
- The dog has experienced abuse in the past.
- The dog wants to protect itself, its guardians, or its puppies.
- The dog is ill.
Provocation and Dog Bites
It is important to note, though, that regardless of why the dog barked, you are not at fault unless you in some way provoked the dog. Provocation is pretty much any act that causes an immediate and radical change in the dog's behavior. It can include but is not limited to:
- Hitting the dog.
- Trapping the dog in a small space.
- Pulling on its tail, legs, ears, or fur.
- Stepping on its tail.
If you provoked the dog, then the other party may be able to blame you for the attack. As such, it is important to note what is not necessarily considered provocation in the event the defendant tries to claim it:
- Walking toward a dog.
- Walking towards and/or addressing the owner.
- Being seating and getting up to face the dog.
- Reaching to pet the dog.
- Playing with and petting the dog.
- Feeding a dog.
- Extending a hand over or through a fence.
- Transporting the dog when it is injured.
Provocation may be determined by the overall circumstances, and so again, that is why contacting a dog bite attorney in Delaware may be critical because the outcome of the case can turn on how the facts and circumstances are argued.
What to Do If Attacked by a Dog in Delaware
When a dog bites or attacks a person, the injury could be serious. There are a few things you will want to do to protect yourself.
- It's always important to get medical attention immediately.
- Be sure to obtain the dog owner's contact information, homeowner's or renter's insurance information, and proof of rabies vaccination.
- If there were any witnesses to the attack, make sure to collect their names and contact information, too.
- Take photos of the scene and the injury.
- Contact the police or your local animal control agency.
The most important thing if attacked or bitten by a dog is your personal safety. Take all precautions to get help as soon as possible.
Common Injuries from Dog Attacks in Delaware
The injuries that victims can suffer in a dog attack can be severe and life-changing. Some of the most severe include:
- Severe lacerations, often requiring numerous stitches or sutures
- Serious infections
- Nerve damage
- Dismembered fingers
- Partial paralysis
- Chronic pain
- Scarring
These are just the physical symptoms that a dog bite victim has to live with. Victims frequently experience emotional distress and mental anguish from the attack as well. In some severe cases, it can even amount to post-traumatic stress disorder (PTSD).
Children are the Most Vulnerable
Children are the most likely to be hurt in a dog attack, especially young children under the age of 4. These children do not understand how dangerous a dog can be. Many of them think that all dogs are friendly and may approach a strange dog to pet it without their parents or the dog's owner noticing until it is too late.
Unfortunately, these are the very victims that are most likely to suffer the worst consequences of a serious dog bite. Not only is the mental anguish of a dog attack likely to haunt them more intensely than it would an adult, but the physical injuries that a child suffers are more likely to have serious long-term repercussions on their growth and development.
Contact a Dog Bite Injury Lawyer in Delaware
If you or a loved one has suffered an injury from another person's dog, the owner may be held accountable for the injury and, thus, liable for compensation. At The Law Office of Trapp Nicholl, we want to make sure members of our community who have been injured or who have, in rare circumstances, had a loved one killed by a dog are fully compensated for all damages, including wage loss, medical bills, pain and suffering, and more. Contact our office at (302) 253-8232 or click here to schedule a free initial consultation and get a better understanding of your specific dog bite injury case.