I was severely bitten by a dog. What should I do?

Foremost, seek medical attention immediately, as the possibility of infection, including rabies and other diseases, must be attended to and treated as soon as possible after the attack. After the dog bite victim’s injuries have been treated, the process of seeking compensation for the injuries and losses suffered can be explored. Top

Should I report the dog bite?

Yes. The dog attack or dog bite should be reported to your local animal control center and/or police department as soon as you seek medical attention. Make sure to note the date of the report and the name of the person you spoke with. Top

Should I Take Photographs?

Yes. It is extremely important that you take photographs of your injuries and the accident location, if possible. As well, an attorney with Keller and Keller will take additional photographs of our clients’ injuries to properly document the full extent of the injuries and wounds. Further, if it is possible, take photographs of the attacking dog, but for no reason should you place yourself at risk to do this. Top

What is the Indiana dog bite statute?

15-5-12-1 Dog bite liability

Sec. 1. If a dog, without provocation, bites any person who is peaceably conducting himself in any place where he may be required to go for the purpose of discharging any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States of America, the owner of such dog may be held liable for any damages suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness. Top

What is the Michigan dog bite statute?

287.351 Person bitten by dog; liability of owner. [M.S.A. 12.544 ]

Sec. 1. (1) If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.

(2) A person is lawfully on the private property of the owner of the dog within the meaning of this act if the person is on the owner's property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or if the person is on the owner's property as an invitee or licensee of the person lawfully in possession of the property unless said person has gained lawful entry upon the premises for the purpose of an unlawful or criminal act. Top

Which breeds are most likely to bite?
At least 25 different dog breeds have been responsible for dog-bite-related fatalities, although more than half have been caused by pit bulls and rottweilers. German Shepherds and Huskies are also responsible for a large percentage of dog bites. Though these dogs are commonly involved in attacks, they are not at all exclusive offenders. The following list provides the names of additional breeds that have often been linked to aggressive behavior:

Potentially aggressive breeds:

• Llasa Apso: can be cranky with kids
• Toy poodles: bite out of self defense
• Dachsunds: not very patient
• Rhodesian Ridgebacks: very dominant breed
• Miniature Pinschers: "big dog" mindset in little body
• Pekinese: intolerant
• Chihuahuas: prefer adults, not tolerant of kids
• Chow Chow: one-person dogs, bite without warning
• Giant Schnauzers: very dominant breed, will even challenge adults
• Old English Sheep Dog: very protective of owner
• Cocker Spaniel: very protective of owner

What is the proper way to approach an unfamiliar dog?

• First, get the "okay" from the owner.
• Hold out your hand, fingers closed, palm down, slowly toward the dog. Allow the dog to approach your hand and sniff it.
• Wait for the dog's "okay". If he wants your affection, he will lower his head, perk ears, or even come closer to you. If the dog puts his ears back, flat on his head, or growls, or cowers, don't pet him.
• Pat the dog on the top of his head, or along his back. Avoid touching his belly, tail, ears, or feet. Top

What To Do If You Encounter a Seemingly Aggressive Dog:

• Stand still. If you keep approaching, the dog will interpret this as an attack
• Don't make eye contact. This is a challenge to the dog
• Don't smile. The dog thinks you are "baring your teeth" at him. This is an invitation to fight.
• Wait for the dog's owner to come and restrain the dog
• Respect the dog's wishes. If the dog is barking and growling, he is expressing his definite displeasure with your actions. Don't antagonize the situation. Most dogs will not hesitate to attack an unwanted companion. Top

Does it matter where the dog bite occurred?

Dog owners are required to control/restrain their animal in order to ensure public safety. The dog owner may be held responsible if you are on public property or if you are legally on private property. Should you have any question about the liability in a dog attack, our offices will gladly speak with you to best advise you of your legal rights. Top

What is the average settlement of a dog bite case?

It is not possible to state an average settlement, as the amount of the settlement depends on several variables such as medical bills, pain and suffering, loss of wages, costs associated with plastic surgery, the possibility of psychological counseling, etc. Top


I am the victim of a dog bite and the owner of the dog asked me to sign something from his insurance company, should I sign it?

No document should ever be signed in connection with a pending or potential legal claim without counsel from a knowledgeable attorney. Documents prepared by insurance companies that require the signature of the victim often contain “release” language, which, if signed by the victim, may effectively eliminate the right to seek compensation for the injuries and losses they are legally entitled to recover as a result of the dog bite. While some insurance documents may simply seek legal “authorization” on the part of the insurance company to obtain the victim’s medical records and bills, such documents are often lengthy and filled with legal terminology which make them difficult to understand except by experienced attorneys. For this reason, it is always prudent to have any document sent to you by any third party, including an insurance company, in connection with a claim for personal injury, reviewed by a reputable attorney before signing it. The law offices of Keller and Keller will advise you of your legal rights in regard to such matters free of charge. Top

Why should I contact a lawyer? Can't I just deal with the insurance company on my own?

A victim seeking compensation from an insurance company without the benefit of experienced legal counsel places the claimant at a distinct disadvantage in the negotiating process. Insurance companies would prefer to resolve claims with victims who have yet to consult with an attorney, and the reason for this is obvious: a dog bite victim who is represented by a an experienced law office will generally receive a more just recovery than those paid to victims who represent themselves. The claims process and the laws that guarantee the rights of injured people to be compensated for injuries caused by the negligence of others are technically complex. To assume that the legal process can be successfully navigated by persons lacking any formal legal training is a mistake which should be avoided. Top

How Long Will My Case Take?

The length of an average dog bite case is highly dependent upon the nature of the injuries and how long our client is treating to ensure they have reached maximum recovery. For example, if a victim has severe wounds and they become scars, our offices must wait for a predetermined amount of time--typically several months--to send our clients to a plastic surgeon to best evaluate the extent of permanent scars and the costs of scar revision. Therefore, there is no fixed time associated with the successful conclusion of a dog bite case. Top

How are damages calculated in dog bite cases?

If all appropriate conditions of liability are proven, the victim can receive compensation for all of the following things:

• Any resulting physical injury and personal disfigurement;
• Medical treatment such as first aid, emergency room, medications, hospital and ambulance;
• Anticipated medical treatment for scar reduction, i.e., plastic surgery;
• Psychological counseling to overcome the emotional trauma of the attack; fear of dogs, fear of being in public, and the emotional distress of disfigurement;
• Loss of earnings from work or the victim's business;
• Torn clothing and broken glasses; Top

Who actually pays the damages to dog bite victims?

Many serious dog attacks involve the dog of a friend, neighbor, or family member. Therefore, victims frequently worry about who will pay their damages because they don't want potentially upset someone that they maintain an on-going relationship with. There is no reason to be worried about your association with the dog owner. Even though the dog owner is technically liable, the damages usually are paid by:

• Homeowner's insurance;
• Renter's insurance;
• Landlord's insurance;
• Dog owner insurance;
• Insurance covering employers and breeders, if they are responsible.

Therefore, if you are a bite victim and the dog owner is a friend, neighbor, or family member who is covered by insurance, and if that insurance has a limit high enough to cover your needs, there is no possibility that the owner of the dog will ever have to pay anything toward your compensation.

There have been cases where a defendant in a lawsuit had to pay for damages out of his or her pocket because: Top

• The insurance was inadequate;
• There was no insurance;
• The defendant acted with actual malice and intentionally caused the injury, and the damages were designed to punish him or her.

However, the victim has complete control as to whether to ask for or collect such compensation. If the victim decides against pursuing certain damages, there is no possibility that the dog owner will have to pay them. Top

How do you find out whether the person liable for the dog bite is insured?

If you can speak to the dog owner, ask whether he or she has any existing insurance policies.

Often, people do not know whether their insurance covers a particular type of loss, including a dog bite. Further, it is not uncommon for someone to deny that they have insurance when in fact they do have it. Therefore, do not rely solely on the dog owner's statement that he or she does not have insurance. By contacting the law offices of Keller and Keller you can be assured that all possible means will be exhausted in an attempt to locate insurance on your behalf. Our highly skilled staff will also investigate to determine the parties who are liable for the attack and ensure that they are placed on proper notice. Top

The owner of the dog who attacked me doesn't have insurance. Can I still take legal action?

In cases involving injuries caused by animal attacks, such as dogs, the intended result is the payment of financial compensation by the company insuring the dog’s owner. In some instances, a party other than the animal’s legal owner, may also be responsible for compensating the victim of the attack. The law offices of Keller and Keller has successfully represented multiple clients that have suffered from an animal attack, and is able to best advise the victim on the range of available legal options. Top

What will happen to the dog?

In most cases, nothing will happen to the dog except that it might be quarantined for a few days (frequently at the dog owner's home). However, if the attack is exceptionally brutal, or other conditions are met, the local animal control authority or court may issue orders requiring that the dog be confined or destroyed. Top

If you or a loved one has been injured as a result of an animal attack, the law offices of Keller and Keller are available to you for a free, confidential consultation with an attorney from our firm who is experienced in handling personal injury claims. You can either contact us by phone at 1-800-2KELLER or through the use of our Free Case Evaluation submission form.

Should you decide to retain our services after the initial consultation, we will work on a contingent fee basis. This means that our offices will only be paid for our services once we make a recovery on your behalf from the insurance company.