DOG BITE
Like products liability, dog bite claims are also “strict liability claims.” Unlike products claims that is by virtue of a statute in Oklahoma (41 O.S. §§ 41-47) rather than case law.
If you are in a place where you are lawfully entitled to be and you are injured by a dog that you did not provoke, you are entitled to recovery damages even if the owner had no reason to suspect that the dog would injury a person.
The above rule, a result of the dog bite statutes, does not apply in “rural areas.” That requires an attorney knowledgeable about the law defining rural areas (typically an area without regular postal service).
Even if the dog bite statutes do not apply (such as in a rural area) you may still be entitled to damages for a dog bite if you can show that the dog owner was negligent. That is typically done by proving that the dog had previously bitten someone without provocation.
Dog bite damages can include the following:
- Past and future pain and suffering
- Past and future loss of income
- Past and future medical costs
- Physical disability or disfigurement
- Loss of enjoyment of life
- Scar revision surgery
- Lost household or other “services”
- Wrongful death damages (see wrongful death section on Homepage)
- Punitive damages
Also important with dog bite cases is that damages need to be “recoverable.” That usually means that the dog owner has a homeowners’ insurance policy or a rental policy that does not exclude dog bite injury.
Paul Kouri Law PLLC knows how to handle your dog bite case. Call today for a free consultation.