An American Veterinary Medical Foundation (AVMF) 2016 survey indicates that 38% of United States pet owners own dogs, while only 25% own cats, with dog ownership rising 11% and cat ownership declining by 5% from their previous survey in 2006. Dogs are clearly the favored family pet, and most are well-behaved, friendly, and live up to their reputation as “man’s best friend.” Unfortunately, sometimes one of these furry best friends is not as pleasant and well-behaved and bites you instead. When this happens, is the dog owner liable? What kind of compensation might you receive? Where do you report a dog bite? An experienced dog bite lawyer with Lott Law may be able to answer these and other questions during a consultation about your injuries. Call (228) 215-2787 to book your consultation and learn more about your rights and options under Mississippi’s dog bite laws.
Mississippi’s Dog Bite Law
Mississippi does not have a statute that is specific to dog bites. Instead, dog bites are often categorized as premises liability if they occur on the dog owner’s property. Dog bites may also be considered negligence if the dog’s owner failed to take reasonable care to prevent bites or negligence per se if the dog’s owner violated certain laws, such as leash laws, trespassing laws, or other state and local statutes governing control over animal behavior. A third way dog bites may be categorized is “scienter,” which is a legal term for knowledge. Scienter is used with the “one bite” rule.
What Is the “One Bite” Rule?
The “one bite” or “one free bite” rule is an approach that allows dog owners to assume that their dogs are safe until proven otherwise. This philosophy says that the first bite proves the dog may be a threat to others. After the first bite, the dog’s owner must control it so it does not injure anyone else.
Are Dog Owners Liable for the First Bite?
The “one bite” rule means that dog owners are generally not liable for the first time their dog bites someone. This can be problematic for victims in several ways. First, it leaves dog bite victims responsible for their medical bills, potentially while dealing with lost wages, depending on the severity of the injury. Second, it means that dog owners may try to cover up previous bites to claim that this is the first time their dog has bitten someone, so they will not be held liable. This is why reporting dog bites is critical. Dog bite victims should speak with a dog bite lawyer if they believe that the dog owner is being dishonest about their dog’s bite history.
Poy v. Grayson
The 1973 case of Poy v. Grayson expanded the “one bite” rule slightly. The state supreme court held that there must be proof that the dog had shown some dangerous disposition or propensity before the bite in question and that the dog’s owner knew or should have known of this disposition or propensity and, therefore, knew or should have foreseen that the dog was likely to attack. Poy set the expectation that if the dog owner knew or should have known the dog tended to be mean and might attack, they could be held liable for the injuries inflicted, even if it was a first bite. If there were no warning signs, then the owner could not be forced to compensate the victim for an unexpected attack.
By holding that dogs exhibiting dangerous propensities or dispositions indicated a potential for violence, Poy cleared the way for victims to show evidence other than a history of biting as proof that the owner should have known the dog might bite and thus, should be held liable. This allows dog bite victims to provide evidence of growling, snarling, snapping at people, or otherwise making threatening moves toward people or a specific person, indicating the potential for biting. If these actions preceded the bite, or if the dog consistently engages in these behaviors, the victim can argue that the owner should have known the dog might bite and should have taken steps to control the dog.
What to Do After a Dog Bite Attack
After an individual has been bitten by a dog, there are several steps they should take to protect their health and their legal claim. Dog bite victims should prioritize their health and seek medical treatment above a legal claim, but if they are unable to carry out the other steps due to the severity of the bite, they may want to see if a friend or relative who was with them can handle the other steps for them.
Gather Information About the Dog and Owner
This step is vital if the dog bite occurs anywhere other than the owner’s property, and especially if the dog and its owner are strangers to the victim. Without contact information for the dog’s owner, it will be challenging to locate and file a lawsuit. Get the owner’s name and contact information, including a phone number and address. Take note of the dog’s breed, size, and any scars, markings, or other identifying features. Ask the owner about the dog’s vaccination status.
Take notes about other details regarding the incident, including the location, the date and time, the weather, what people were wearing, if the dog was leashed, and anything else that can help build a vivid image of what took place. Take photos of the dog, its owner, the bite wound, and anything else that might be useful in showing what happened.
Get Witness Contact Information
Get contact information for any witnesses to the bite. Witnesses can be crucial evidence in a dog bite lawsuit, as they can testify regarding how the dog was behaving, what the owner was doing, and the victim’s behavior. Their perspective about the victim’s behavior may be especially useful, as some dog owners will try to shift blame to the victim by claiming they provoked the dog.
Seek Medical Treatment
Dog bites can become infected quickly, so medical treatment is essential even for bites that seem minor. The victim may need antibiotics or other treatments to prevent complications from the bite. Additionally, seeking medical treatment creates more evidence for the legal claim.
Consult With a Dog Bite Lawyer
Dog bites can have a unique impact on victims. Some may experience extensive surgeries and significant scarring, while others may have minor injuries that heal quickly and leave little trace. Some victims may still feel safe and love dogs, while others may develop cynophobia, or an extreme fear of dogs, per the Cleveland Clinic. Because of the extreme differences in each case, victims may want to consult with an experienced Mississippi dog bite lawyer at Lott Law to learn more about their legal rights and get specific guidance for their unique circumstances.
Where to Report Your Dog Bite
Because of Mississippi’s “one bite” rule, it is imperative that victims report their bite. Even if they will not be able to hold the dog’s owner liable, by reporting the bite, the victim ensures that if the dog bites again, the next victim will be able to hold the owner liable. Additionally, if the victim is bitten again by the same dog, they will have established the necessary bite history.
Dog bite victims can report the bite to the Mississippi Department of Health County Office in the county where the bite occurred. Another option is animal control in the city or county where the bite occurred.
Evidence for a Strong Dog Bite Case
Individuals who have been bitten by a dog will need strong evidence, especially if the dog’s owner is claiming it is the first bite or trying to blame the victim. Evidence the victim should gather includes:
- Witness testimony regarding the specific dog bite in question, as well as any witness testimony regarding previous incidents with the dog being aggressive
- Medical records, including all treatments, surgeries, medications, and hospitalizations
- Records of any previous incidents involving the dog, including bites or other types of attacks
- Anything that establishes the dog’s prior aggressiveness or the dog owner’s knowledge of the dog’s possibly aggressive nature
- Evidence that the victim was not at fault, and the owner failed to take reasonable measures to prevent the attack
Bite victims do not have to gather all of this evidence themselves. They can hire a dog bite attorney to assist them in collecting it.
Potential Compensation for Dog Bites
Dog bites can be expensive injuries with long-lasting physical and mental trauma for the victim. Some of the compensation they may receive in a successful lawsuit includes:
- Medical costs for hospitalizations, surgeries, and psychiatric care
- Pain and suffering
- Lost wages and diminished earning capacity
- Scarring and disfigurement
- Emotional distress
- Diminished quality of life
Other losses unique to an individual’s case may also be compensated, so speaking with a dog bite attorney may be beneficial.
How a Mississippi Dog Bite Lawyer Can Assist You
Being bitten by a dog is a disturbing event for anyone. A dog bite can lead to physical and mental scars, high medical bills, and many other problems. Mississippi’s outdated “one bite” rule may make it seem like you cannot get compensation if the dog has never bitten before, but that may not be the case. A Mississippi dog bite lawyer at Lott Law may be able to assist you in finding evidence that the dog has shown signs of aggression in the past, that the owner has hidden previous bites by the dog, or that the dog showed signs it intended to attack you, and the owner did not take reasonable steps to prevent it. If this is not the first time the dog has bitten someone, an attorney may be able to help you gather records of previous bites and other evidence that may strengthen your case. Call (228) 215-2787 to book a consultation to review your case.