Recovering Damages From a Dog Bite in El Reno, OK
Dog attacks are a leading cause of emergency room visits in the U.S.. Kids are disproportionately bitten. These wounds can be devastating physically and emotionally. A local attorney experienced with dog attack cases understands the specific legal rules that apply.
Why Dog Bite Cases Aren’t Like Other Injury Cases
Strict Liability vs. Negligence Frameworks
Dog bite liability operates differently than most injury claims. Jurisdictions take different approaches.
Strict Liability States
In strict liability jurisdictions hold dog owners liable without proving fault. The plaintiff doesn’t need to show owner fault. Owner responsibility is essentially automatic.
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 specific rule in OK drives the entire claim analysis.
Negligence Per Se From Leash Law Violations
Even where strict liability doesn’t apply, violations of municipal pet ordinances create separate liability paths.
Negligence Generally
General negligence claims can be brought where the owner’s conduct fell below the duty of care.
Beyond Bites: The Range of Dog Attack Injuries
“Dog bite” understates the variety of injuries these cases involve.
Bite Injuries
Puncture wounds from fang punctures are the signature injuries. These wounds can be deep.
Crush Injuries
Compression injuries from dog jaws sometimes result in long-term dysfunction.
Lacerations and Tearing Injuries
Animals shake what they bite, producing avulsion injuries. These tearing wounds may need plastic surgery for proper healing.
Knock-Down Injuries
Larger dogs knocking children, elderly persons, or others to the ground may result in fractures, head injuries, or other trauma.
Infections
Dog bites are prone to infection. Common infectious complications include cellulitis.
Rabies Exposure
Where the dog’s vaccination status is unknown or the dog cannot be located require expensive treatment regardless of whether actual rabies exposure occurred.
Nerve Damage
Nerve damage from bites create lasting neurological deficits.
Disfiguring Scars
Permanent disfigurement is frequent. Visible scarring may require revision surgeries over the years.
Psychological Trauma
Lasting fear of dogs is common after serious dog attacks. Children are particularly vulnerable.
Children and Dog Attacks
Kids are bitten at higher rates than adults.
Why Children Are Vulnerable
Pediatric injuries often involve the face 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
Children’s injuries can have long-term implications:
- Decades of potential medical needs
- Multiple revision surgeries as the child grows
- Pediatric psychological care
- Psychological effects spanning decades
Who Can Be Held Liable?
The Dog Owner
Dog ownership creates the foundational liability.
Property Owners
Where the attack occurred on someone else’s property can be defendants in some scenarios. Real property owners with notice can carry premises liability exposure.
Parents and Guardians
Animals owned by minors create parental responsibility.
Dog Walkers and Sitters
When a third party was handling the dog may bear responsibility for the attack.
Animal Control and Government Entities
When animal control failed in their duties, public-entity liability can apply — with special procedural requirements and notice deadlines.
Kennels and Boarding Facilities
Kennel-related attacks create business liability.
Insurance Considerations
Personal residential insurance typically responds. There’s typically a coverage source.
Coverage Issues to Watch For
Breed Exclusions
Some homeowners policies exclude specific breeds. Where the owner’s policy excludes the breed, recovery may need to come from other sources.
Multiple-Incident Exclusions
Where the dog has a prior bite history, coverage may be excluded or limited.
Policy Limit Issues
Catastrophic dog bite damages may exceed available coverage, creating issues about excess recovery sources.
Common Insurance Defenses
“Provocation”
Provocation defense comes up in nearly every case. Provocation generally means behavior that goes beyond normal interaction. Simple movement, walking by, or other normal behavior typically doesn’t constitute provocation.
“Trespassing”
Trespass defense can apply where actually trespassing occurred. This defense has narrow application, particularly to children.
“Comparative Fault”
Defense argues the victim contributed to the attack. The state’s comparative negligence framework may reduce — but typically won’t eliminate — recovery.
“Assumption of Risk”
Where the victim knew the dog was dangerous. This defense applies in narrow circumstances.
Critical Steps After a Dog Attack
Get Medical Attention Immediately
Bite injuries should be treated immediately. Even small punctures need medical evaluation.
Identify the Dog and Owner
Document who owns the dog. Capture the dog’s specific characteristics. Get vaccination records if available.
Report the Attack to Animal Control
Notify authorities. The report becomes evidence. This step protects others.
Photograph the Injuries
Photograph wounds over time. Visual evidence supports the damages case.
Photograph the Attack Scene
Photograph the location of the attack can establish facts about the attack circumstances.
Identify Witnesses
Independent observers can be deciding evidence.
Don’t Sign Anything From the Owner or Their Insurer
Releases, statements, or settlement offers presented early require careful review.
Damages Available
Compensation can cover:
- Initial medical treatment
- Surgical repair
- Long-term surgical needs
- Infection treatment
- Vaccination series costs
- Psychological care
- Lost wages
- Loss of enjoyment of life
- Long-term cosmetic damages
- Effects on family relationships
- Exemplary damages where the owner deliberately allowed risk
Attorney Costs
Counsel handling these cases charge no upfront fees. Case reviews cost nothing.
Don’t Wait
Witness recollections fade. Photographs of injuries during the healing process happens in the moment. OK’s statute of limitations sets a hard cutoff. Getting an attorney involved promptly protects the evidence.