Victim's Rights

• If you're bitten by a dog you must file a dog-bite claim or lawsuit and retain a personal injury lawyer. Family members who are traumatized as a result of seeing the attack can file a "bystander claim," and if your spouse suffers because you're incapacitated, a "loss of consortium" claim may be filed. If the injuries result in your death, a "wrongful death" suit may be brought against the dog's owner.
  
  You also have the right to decide if the incident should be reported to the local animal control department, which may mean you're required to attend a "dangerous dog hearing."
  
  

Right to Compensation

• The victim of a dog bite has the right to receive compensation for his injuries. Compensation is usually covered by the homeowner's or renter's insurance, unless the owner does not have them. As a victim, you may receive compensation for medical treatment costs at the time of the bite and in the future, such as surgery for scar reduction. You may also be compensated for loss of earnings during treatment, torn clothing and broken spectacles, psychological counseling, pain and suffering, medication and future disability, which can include home care.
  
  In some cases, the victim is attacked with his dog, which is injured or killed, then he is entitled to additional compensation. If the bite results in the cancellation of travel plans, he can receive compensation for the cost of the travel.
  
  

The One-Bite Rule

• This ancient English rule is still in force in 18 states. It means the owner of a dog that has previously not bitten anyone is exempt from liability, based on the assumption that he could not have known his dog would bite. This law places the burden on the victim to prove that the owner knew that his dog was dangerous, and it has been criticized and abolished in many states. It has also been proved that the highest number of fatal dog attacks - called canine homicides - occur in states that still practice this rule.
  
  

Exception from Liability

• In the other 32 states the owner is liable if his dog bites someone. In some states, the court will allow exceptions in certain circumstances, such as the victim was trespassing on the owner's property, or committing a felony or crime against the owner; the victim is a veterinarian or other canine professional and was working with or treating the dog; and if the dog was provoked by the victim. Other circumstances include if the victim willingly assumed the risk of being bitten, or if the dog was helping police or the military in subduing a suspect when the victim was bitten.