Recovering Damages From a Dog Bite in Chickasha, OK
Hundreds of thousands of dog bite injuries require medical attention annually. A significant percentage of bite victims are children. These wounds can be devastating physically and emotionally. An attorney familiar with these claims knows how to navigate the unique liability frameworks dog bite cases involve.
Why Dog Bite Cases Aren’t Like Other Injury Cases
Strict Liability vs. Negligence Frameworks
The applicable rules vary significantly. States generally fall into one of two main categories.
Strict Liability States
In strict liability jurisdictions hold dog owners liable for bites regardless of the dog’s prior history. The injured party doesn’t need to prove the owner was negligent. Liability attaches automatically.
One-Bite Rule States
Common law states require proof that the owner knew or should have known of the dog’s dangerous tendencies. The “one bite” rule isn’t literally about needing one bite first.
Hybrid Approaches
Some states have specific statutes that modify common-law rules. The applicable rule here drives the entire claim analysis.
Negligence Per Se From Leash Law Violations
In addition to the dog bite framework itself, violations of leash laws, dangerous dog ordinances, or similar regulations can support negligence per se claims.
Negligence Generally
Common-law negligence is also available where owner negligence contributed to the attack.
Beyond Bites: The Range of Dog Attack Injuries
The category includes injuries beyond bites.
Bite Injuries
Bite-specific wounds from tooth contact are the signature injuries. Puncture wounds can be more serious than they appear.
Crush Injuries
Larger dogs can crush limbs, hands, or other body parts may involve fractures.
Lacerations and Tearing Injuries
Animals shake what they bite, causing tearing injuries. These tearing wounds can be disfiguring.
Knock-Down Injuries
Knock-down trauma can cause significant injuries.
Infections
Dog mouths contain bacteria that frequently cause wound infections. Common infectious complications include bacterial infections from streptococcus or staphylococcus.
Rabies Exposure
Unidentified dogs require expensive treatment regardless of whether actual rabies exposure occurred.
Nerve Damage
Bite injuries to hands, face, or other nerve-rich areas can produce permanent loss of sensation or function.
Disfiguring Scars
Permanent disfigurement is frequent. Visible scarring may require revision surgeries over the years.
Psychological Trauma
Lasting fear of dogs affects many bite victims. Children are particularly vulnerable.
Children and Dog Attacks
Kids are bitten at higher rates than adults.
Why Children Are Vulnerable
Children are at face-level with most dogs leading to higher rates of disfiguring injuries.
Children may approach dogs in ways that provoke attacks. Children’s behavior is sometimes a contributing factor.
Special Damages Considerations
Pediatric injuries often carry higher damages:
- Long-term medical considerations
- Pediatric surgical considerations
- Pediatric psychological care
- Lifetime impact of disfigurement on self-esteem and relationships
Who Can Be Held Liable?
The Dog Owner
Dog ownership creates the foundational liability.
Property Owners
If a property owner knew about a dangerous dog can be defendants in some scenarios. Landlords who knew about dangerous dogs can carry premises liability exposure.
Parents and Guardians
For dogs owned by minors may transfer liability to parents.
Dog Walkers and Sitters
If a pet care provider had custody can be defendants for the attack.
Animal Control and Government Entities
When animal control failed in their duties, claims may exist against government entities — with specific procedural overlays.
Kennels and Boarding Facilities
Boarding facility incidents involve commercial liability claims.
Insurance Considerations
Most dog bite claims are paid through homeowners or renters insurance. This makes recovery typically more straightforward than uninsured driver crashes.
Coverage Issues to Watch For
Breed Exclusions
Breed-based exclusions are common. Where the owner’s policy excludes the breed, alternative coverage may be needed.
Multiple-Incident Exclusions
When there’s a prior incident, the policy may not respond.
Policy Limit Issues
Policy limits may be inadequate for serious cases, requiring identification of additional defendants.
Common Insurance Defenses
“Provocation”
Provocation defense is the most common dog bite defense. Provocation generally means conduct beyond simple proximity. Ordinary behavior isn’t provocation.
“Trespassing”
Trespass defense can apply where actually trespassing occurred. Trespass defense has limits.
“Comparative Fault”
Defense argues the victim contributed to the attack. The state’s comparative negligence framework allows recovery to continue.
“Assumption of Risk”
Risk-acceptance arguments. It’s a limited defense.
Critical Steps After a Dog Attack
Get Medical Attention Immediately
Dog bites carry serious infection risk. Even small punctures may require professional care.
Identify the Dog and Owner
Get the owner’s name and contact information. Describe the dog completely. Document the dog’s vaccination history.
Report the Attack to Animal Control
Notify authorities. This creates documentation. The report may also help prevent future attacks.
Photograph the Injuries
Visual documentation of the injuries and their progression. Visual evidence documents the severity.
Photograph the Attack Scene
Photograph the location of the attack can prove relevant facts.
Identify Witnesses
Independent observers can be deciding evidence.
Don’t Sign Anything From the Owner or Their Insurer
Quick paperwork should not be signed without legal advice.
Damages Available
Compensation can cover:
- Hospital and urgent care costs
- Plastic and reconstructive procedures
- Long-term surgical needs
- Infection-specific medical costs
- Anti-rabies treatment expenses
- PTSD and trauma treatment
- Earnings affected by the attack
- Pain and suffering
- Long-term cosmetic damages
- Loss of consortium
- Punitive damages where the owner deliberately allowed risk
Attorney Costs
Animal attack lawyers earn fees only on recovery. Case reviews cost nothing.
Don’t Wait
Animal control records can be lost. Photographs of injuries during the healing process requires ongoing documentation. Filing deadlines applies. Getting an attorney involved promptly preserves every angle of the claim.