Elements of a Dog Bite Claim

The two key elements to prove in a strict liability dog bite claim are:

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1. That the Defendant was the owner of the dog in question. 
2. That a bite occurred.

In some states, where common law negligence principles are applied it is necessary to establish negligence on the part of the dog owner.  As a result of important differences among states, it is critical that you contact an attorney familiar with dog bite law.  In addition, this site provides the text of many state dog bite laws.

Although sometimes difficult, ownership can usually be established by licensing and vaccination records, as well as by the testimony of witnesses. In most dog bite cases, there is substantial physical evidence of a dog bite, allowing the second element to be established.

Many people believe that "every dog is allowed one bite". This is simply not true in strict liability states. In these states, the law is clear that good prior behavior from the dog will not exonerate the owner from responsibility.

© 2003 The Dog Bite Lawyer