Recovering Damages From a Dog Bite in Pryor Creek, OK
Dog attacks are a leading cause of emergency room visits in the U.S.. A significant percentage of bite victims are children. These wounds can be devastating physically and emotionally. A local attorney experienced with dog attack cases builds these claims around the actual law that governs them.
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
Strict liability states hold dog owners liable without proving fault. 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 historic framework isn’t literally about needing one bite first.
Hybrid Approaches
Many states use hybrid frameworks. The applicable rule here drives the entire claim analysis.
Negligence Per Se From Leash Law Violations
Even where strict liability doesn’t apply, violations of leash laws, dangerous dog ordinances, or similar regulations can support negligence per se claims.
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
Bite-specific wounds from fang punctures are what most people think of. These wounds can be deep.
Crush Injuries
Crushing damage can cause significant soft tissue damage.
Lacerations and Tearing Injuries
Dogs often shake their victims, causing tearing injuries. These tearing wounds may need plastic surgery for proper healing.
Knock-Down Injuries
Impact injuries from dog body contact sometimes cause injuries unrelated to actual biting.
Infections
Bite wounds carry high infection risk. Common infectious complications include bacterial infections from streptococcus or staphylococcus.
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 can produce permanent loss of sensation or function.
Disfiguring Scars
Bite injuries often leave permanent scars. Facial scars in particular may require revision surgeries over the years.
Psychological Trauma
Post-traumatic stress disorder is common after serious dog attacks. Young victims often suffer lasting psychological effects.
Children and Dog Attacks
Kids are bitten at higher rates than adults.
Why Children Are Vulnerable
Kids’ faces are closer to dog mouths resulting in face and head injuries.
Kids often miss dog warning signals. Pediatric behavior can increase bite risk.
Special Damages Considerations
Pediatric injuries often carry higher damages:
- Long-term medical considerations
- Multiple revision surgeries as the child grows
- 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
Where the attack occurred on someone else’s property can face premises liability claims. Real property owners with notice can carry premises liability exposure.
Parents and Guardians
Animals owned by minors involve parental liability rules.
Dog Walkers and Sitters
Where someone other than the owner was in control of the dog at the time may bear responsibility for the attack.
Animal Control and Government Entities
If government entities had notice of dangerous dogs, public-entity liability can apply — with special procedural requirements and notice deadlines.
Kennels and Boarding Facilities
For attacks involving boarded or kenneled dogs may implicate the boarding business.
Insurance Considerations
Most dog bite claims are paid through homeowners or renters insurance. There’s typically a coverage source.
Coverage Issues to Watch For
Breed Exclusions
Some homeowners policies exclude specific breeds. When breed exclusions apply, recovery may need to come from other sources.
Multiple-Incident Exclusions
Where the dog has a prior bite history, alternative recovery may be necessary.
Policy Limit Issues
Policy limits may be inadequate for serious cases, creating issues about excess recovery sources.
Common Insurance Defenses
“Provocation”
“You provoked the dog” is standard insurer argument. Provocation generally means conduct beyond simple proximity. Standard human activity isn’t legal provocation.
“Trespassing”
Defense argues the victim was trespassing 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 may reduce — but typically won’t eliminate — recovery.
“Assumption of Risk”
Knowing voluntary exposure. It’s a limited defense.
Critical Steps After a Dog Attack
Get Medical Attention Immediately
Bite injuries should be treated immediately. Even minor-looking bites need medical evaluation.
Identify the Dog and Owner
Document who owns the dog. Note the dog’s breed, color, and identifying features. Document the dog’s vaccination history.
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 documents the severity.
Photograph the Attack Scene
Pictures of where the attack occurred can preserve scene evidence.
Identify Witnesses
Bystander witnesses may make or break the case.
Don’t Sign Anything From the Owner or Their Insurer
Releases, statements, or settlement offers presented early can permanently damage the case.
Damages Available
Dog bite claim damages:
- Emergency medical care
- Surgical repair
- Future revision surgeries
- Antibiotic and infection-related care
- Anti-rabies treatment expenses
- PTSD and trauma treatment
- Earnings affected by the attack
- Loss of enjoyment of life
- Long-term cosmetic damages
- Spousal damages where applicable
- Exemplary damages where the owner’s conduct was egregious
Attorney Costs
Animal attack lawyers charge no upfront fees. Free initial consultations are standard.
Don’t Wait
Witness recollections fade. Documentation of the injury timeline requires ongoing documentation. The legal time limit applies. Engaging counsel right away protects the evidence.