Dog Bites
Despite the common saying, you can teach an "old dog new tricks." However, despite the best teaching any dog can still bite. This is true from the smallest Chihuahua to the tallest Great Dane or the heaviest Mastiff. If you are bitten by a dog you are entitled to money from the owner of the dog.
In Nebraska, there are both state statutes and city/ town laws governing dogs. Dogs are required to have regular rabies vaccination and be licensed. Owners are required to prevent their dogs from running free, to clean up their dog’s waste, to prevent excessive barking and other requirements.
Dogs that have injured persons in the past may be classified as “potentially dangerous” or “dangerous.” These labels impose stricter requirements on the dog owner.
In Nebraska, Nebraska Revised Statute § 54-601 provides:
Dogs are hereby declared to be personal property for all intents and purposes, and the owner or owners of any dog or dogs shall be liable for any and all damages that may accrue (1) to any person, other than a trespasser, by reason of having been bitten by any such dog or dogs and (2) to any person, firm, or corporation by reason of such dog or dogs killing, wounding, injuring, worrying, or chasing any person or persons or any sheep or other domestic animals belonging to such person, firm, or corporation. Such damage may be recovered in any court having jurisdiction of the amount claimed.
This is considered strict liability, which is the imposition of liability on a person without any negligence on the part of the dog owner. The statute does not impose this liability on trespassers and has been interpreted to also include those who provoke the dog. In addition, the dog owner may also be negligent in permitting their dog to damage someone. Under either theory, the damages are the same for the injured person.
There are a number of injuries from actual physical contact be dog such as death, rabies, bite and puncture marks, fractures, crush injuries and emotional trauma. With the exception of the bite, all of these could occur while running to avoid being bite.
If you are injured by a dog you should:
- Seek medical attention if you are injured.
- Contact the Humane Society or similar organization and report the incident.
- Photograph your injuries.
- Contact the dog’s owner.
Homeowner’s or renter’s insurance usually providers coverage for the owner of the dog. However, there is no requirement that dog owners have insurance coverage.
Free Consultation
If you have been bitten or otherwise injured due to the actions of a dog, contact Jeffrey Lapin at Lapin Law Offices, Nebraska’s dog bite attorney for a free consultation about your rights.