Experiencing a dog bite can be a scary, traumatic event. If you have been injured by a dog bite, taking the proper legal steps can significantly affect the outcome of your case. First, seek medical attention immediately to document your injuries and ensure appropriate treatment. Next, the incident should be reported to local animal control or the police to create an official record. You are collecting details such as the dog owner’s contact information, witness accounts, and photographs of the scene and your injuries. Finally, consider consulting with a personal injury attorney experienced in dog bite cases to understand your rights and the potential for recovering damages. This approach will help protect your health and legal interests.
At Palumbo Law, our dedicated team of dog bite injury attorneys in Rhode Island is committed to providing compassionate and effective legal representation to our clients. We understand the physical, emotional, and financial toll that such incidents can take, and we are here to help you with the legal process and to secure the compensation you deserve.
Understanding Rhode Island Dog Bite Laws
In Rhode Island, cases involving dog bite attacks typically rely on strict liability. A strict liability theory means that a dog owner can be held liable for injuries caused by their dog regardless of whether the dog has previously shown any aggression or has bitten someone before. Under Rhode Island law, specifically RI Gen L § 4-13-16, a dog owner is responsible for the damages their dog causes if the dog attacks a person in a place where they have a legal right to be. Strict liability in dog bite cases means the injured person does not need to prove that the dog owner was negligent. The focus is on the fact that the bite occurred and caused harm.
Strict Liability for Dog Bites
Typically, the strict liability provisions of Rhode Island’s dog bite law are not applicable when a dog attack occurs on the owner’s property inside an enclosure, such as a fenced-in yard. However, suppose a dog bit you, and you can demonstrate proof that the owner of that dog was aware of the animal’s violent propensities. In that case, you may be entitled to compensation for your dog bite injury in Rhode Island.
Rhode Island follows the “one-bite rule” in cases involving dog bites and other injuries caused by dogs. This rule is a legal principle that protects a dog owner from liability if the dog has never been bitten or shown aggressive tendencies. Under the one-bite rule, a dog owner is generally not held liable for the first time their dog bites someone unless the owner knows or should have known about the dog’s aggressive behavior.
When does the one-bite rule apply?
This one-bite rule applies when a dog bites someone on the owner’s property within an enclosure. The enclosure must also have a warning sign that the area is private.
Despite protection with the one-bite rule, a dog owner can be found negligent under a premises liability theory if they fail to exercise reasonable care to prevent the dog from causing harm. Premises liability deals with the responsibilities of property owners or occupiers to ensure the safety of visitors on their property. In dog bites, premises liability may come into play if the bite occurs on the dog owner’s property or another property where the dog is present. Key aspects include:
- Duty of Care: Property owners owe a duty of care to ensure their premises are reasonably safe for visitors.
- Breach of Duty: The property owner must have breached this duty by failing to prevent the dog from biting the victim.
- Foreseeability: The injury must have resulted from the property owner’s negligence.
- Causation: The breach of duty must have directly caused the injury to the victim.
Premises liability theory is often used in cases where the property owner does not own the dog but is present on the property with the owner’s knowledge. It might also be used if there is some other aspect of negligence related to the property owner’s control over the environment where the bite occurred.
Compensation in Dog Injury Cases
Victims of dog bites in Rhode Island may be able to seek different types of compensation, depending on the specifics of the case and whether the dog owner is found liable under strict liability, the one-bite rule, or negligence. Victims of dog bites in Rhode Island may be entitled to various forms of compensation, including:
- Medical Expenses: Coverage for hospital bills, surgeries, medications, and ongoing treatment.
- Lost Wages: Compensation for income lost due to the inability to work during recovery.
- Pain and Suffering: Damages for physical pain and emotional distress resulting from the incident.
- Disfigurement and Scarring: Compensation for permanent physical changes and their impact on the victim’s life.
- Rehabilitation Costs: Coverage for physical therapy and other necessary rehabilitation services.
Our Approach to Dog Bite Cases
At Palumbo Law, we take a personalized approach to each case, ensuring we fully understand our client’s unique circumstances and needs. Our process includes:
- Thorough Investigation: We gather all relevant evidence, including medical records, witness statements, and expert testimony, to build a strong case.
- Negotiation with Insurance Companies: We handle all communications with insurance companies to secure a fair settlement without the stress of negotiation on our clients.
- Litigation if Necessary: If a fair settlement cannot be reached, our experienced litigators are prepared to take the case to court to fight for our clients’ rights.
Conclusion
Our team has extensive experience handling dog bite injury cases and understands the Rhode Island laws applicable to these particular cases. We prioritize our client’s well-being, providing compassionate support and clear communication throughout the legal process. We have successfully secured substantial settlements and verdicts for dog bite victims, ensuring they receive the compensation they need to recover.
Contact PALUMNO LAW for A Complimentary Initial Consultation
If you or a loved one has suffered a dog bite injury in Rhode Island, please contact our office for a complimentary initial consultation. Our skilled attorneys are ready to listen to your story, explain your legal options, and help you recover the compensation you deserve.
