Compensation After a Dog Attack in Bartlesville, 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. 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
These cases use distinctive liability frameworks. There are two primary legal approaches.
Strict Liability States
Some states hold owners responsible automatically. The injured party doesn’t need to prove the owner was negligent. Liability attaches automatically.
One-Bite Rule States
In one-bite rule jurisdictions require proof that the owner knew or should have known of the dog’s dangerous tendencies. This common-law approach isn’t literally about needing one bite first.
Hybrid Approaches
Many states use hybrid frameworks. The applicable rule here determines how your case proceeds.
Negligence Per Se From Leash Law Violations
Beyond the bite-specific rules, breaches of animal control laws can support negligence per se claims.
Negligence Generally
Standard negligence principles also apply where the owner failed to exercise reasonable care.
Beyond Bites: The Range of Dog Attack Injuries
Dog attacks cause more than just bite wounds.
Bite Injuries
Tooth-penetration injuries from dog teeth penetrating skin are the obvious category. These wounds can be deep.
Crush Injuries
Compression injuries from dog jaws can cause significant soft tissue damage.
Lacerations and Tearing Injuries
Dogs often shake their victims, causing tearing injuries. Shaking-related injuries can be disfiguring.
Knock-Down Injuries
Impact injuries from dog body contact can cause significant injuries.
Infections
Bite wounds carry high infection risk. Wound infections from dog bites involve Capnocytophaga (which can be life-threatening for immunocompromised individuals).
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
Bites to areas with significant nerve density create lasting neurological deficits.
Disfiguring Scars
Bite injuries often leave permanent scars. Disfiguring facial injuries carries significant emotional and economic damages.
Psychological Trauma
Post-traumatic stress disorder is common after serious dog attacks. Children are particularly vulnerable.
Children and Dog Attacks
Pediatric bite injuries are a major category.
Why Children Are Vulnerable
Kids’ faces are closer to dog mouths making facial injuries more common in pediatric cases.
Kids often miss dog warning signals. 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
- Long-term emotional effects
Who Can Be Held Liable?
The Dog Owner
The owner is typically the primary defendant.
Property Owners
When property owners allowed dangerous dogs on premises can share liability. Real property owners with notice can be liable for failing to address the danger.
Parents and Guardians
Animals owned by minors involve parental liability rules.
Dog Walkers and Sitters
If a pet care provider had custody can be defendants for the attack.
Animal Control and Government Entities
Where animal control was on notice of a dangerous animal and failed to act, government tort claims may be available — with specific procedural overlays.
Kennels and Boarding Facilities
For attacks involving boarded or kenneled dogs may implicate the boarding business.
Insurance Considerations
HO and renters policies usually cover dog bite claims. There’s typically a coverage source.
Coverage Issues to Watch For
Breed Exclusions
Many insurers exclude pit bulls, Rottweilers, and other “dangerous” breeds. When breed exclusions apply, recovery may need to come from other sources.
Multiple-Incident Exclusions
If the dog previously bit someone, coverage may be excluded or limited.
Policy Limit Issues
Severe injuries can exceed policy limits, leading to challenges with full compensation.
Common Insurance Defenses
“Provocation”
Provocation defense is the most common dog bite defense. Provocation typically requires behavior that goes beyond normal interaction. Ordinary behavior isn’t provocation.
“Trespassing”
“You shouldn’t have been there” has limited application. Trespass defense has limits.
“Comparative Fault”
Comparative negligence. 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 may require professional care.
Identify the Dog and Owner
Get the owner’s name and contact information. Capture the dog’s specific characteristics. Get vaccination records if available.
Report the Attack to Animal Control
Notify authorities. This creates an official record. The report may also help prevent future attacks.
Photograph the Injuries
Document the injuries immediately and through the healing process. Photographic records supports the damages case.
Photograph the Attack Scene
Pictures of where the attack occurred can preserve scene evidence.
Identify Witnesses
Other people who saw the attack provide critical corroboration.
Don’t Sign Anything From the Owner or Their Insurer
Documents from the owner or insurer should not be signed without legal advice.
Damages Available
Dog bite claim damages:
- Emergency medical care
- Plastic and reconstructive procedures
- Long-term surgical needs
- Infection treatment
- Anti-rabies treatment expenses
- Psychological care
- Past and future income loss
- Non-economic damages
- Long-term cosmetic damages
- Effects on family relationships
- Enhanced damages where the owner’s conduct was egregious
Attorney Costs
Counsel handling these cases work on contingency. First meetings carry no charge.
Don’t Wait
Owner and dog information becomes harder to track over time. Visual evidence of how injuries appeared and healed requires ongoing documentation. The legal time limit applies. Getting an attorney involved promptly protects the evidence.