ANIMAL BITE INJURY

In The News

Girl attacked by Pitt Bull dog when owner walked away

Animal Bite > Dog Bite

June 16, 2008

Jackson, MI - Kyra Meyers, 13-year-old, girl was attacked by a Pitt Bull mix dog at the top of the hill in Cascades Falls Park in Jackson on Friday, January 31.

The legal responsibility of owners for injuries caused by pets is complicated because there are so many kinds of pets and so many different injuries they could cause. Additionally, many states have specific laws regarding dog bites and pet-related injuries. Liability for pet-related injuries depends in part upon what kind of animal caused the injury and what type of injury the animal caused. For example, if your dog runs in front of someone who trips and falls, you may be legally responsible to a different degree than if your dog bites someone. You should take every reasonable precaution to prevent your pet from biting. The law in this area is controlled largely by your state. To protect yourself, you should always consult with a lawyer if your pet has caused an injury. Also, insurance is available that may cover your liability for pet-related injuries.

As contrasted to domestic animals (domitae naturae), wild animals (ferae naturae) are those species of animals that, as a matter of common knowledge, are naturally ferocious, unpredictable, dangerous, mischievous, or not by custom devoted to the service of mankind at the time and in the place in which they are kept. Thus, some species subject to substantial domestication, such as deer, monkeys, and bees, may defy absolute classification, and, in certain circumstances, a jury, with the aid of expert or qualified witnesses, may find that they belong to one class or the other. Courts will usually not take judicial notice of the propensities or characteristics of such animals.

One who uses an animal to bite, attack, or otherwise injure another person may be liable for damages in an assault and battery action if the elements of those torts can be established. Liability therefore is not premised upon an owner's or keeper's responsibility for acts and damage by his animals, but upon his own intentional wrongdoing through the use of an instrumentality or weapon. Hence, issues regarding the animal's viciousness or dangerous propensities, and the owner or keeper's knowledge of them are irrelevant. In some circumstances, the intentional use of an animal to injure may be justified, such as in defense of property or in self-defense, but not if it constitutes the use of excessive force under the circumstances.

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