As seasoned dog bite lawyers in Utah, we’ve encountered various defenses that dog owners and their insurance companies use to avoid liability. Understanding these defenses and knowing how to counter them is crucial for dog bite victims seeking fair compensation. Here’s an overview of common defenses and strategies to overcome them.
1. Provocation Defense
Defense Claim: The dog was provoked into biting.
How to Overcome:
- Gather witness statements about the incident
- Provide evidence of the dog’s history of aggression
- Demonstrate that any interaction with the dog was reasonable and non-threatening
2. Trespassing Defense
Defense Claim: The victim was trespassing on private property.
How to Overcome:
- Prove you had explicit or implicit permission to be on the property
- Show that the property was open to the public
- Demonstrate that the dog owner failed to properly secure the dog
3. Assumption of Risk
Defense Claim: The victim knew the risks of interacting with the dog.
How to Overcome:
- Provide evidence that you had no prior knowledge of the dog’s aggressive tendencies
- Show that your interaction with the dog was reasonable and cautious
- Demonstrate that the owner failed to warn about potential risks
4. Contributory Negligence
Defense Claim: The victim’s actions contributed to the incident.
How to Overcome:
- Provide a detailed account of the incident showing your lack of negligence
- Gather evidence of the dog owner’s failure to control their animal
- Demonstrate that your actions were reasonable under the circumstances
5. Lack of Knowledge Defense
Defense Claim: The owner had no knowledge of the dog’s dangerous propensities.
How to Overcome:
- Investigate the dog’s history for previous incidents
- Gather testimony from neighbors or others familiar with the dog
- Show evidence of the breed’s known characteristics if relevant
How a Dog Bite Lawyer Can Help
- Anticipate Defenses: We can predict likely defenses and prepare counterarguments in advance.
- Gather Evidence: We have the resources to collect comprehensive evidence to support your claim.
- Expert Testimonies: We can bring in experts to testify about dog behavior and owner responsibilities.
- Negotiate Effectively: We can handle communications with insurance companies and opposing counsel.
Conclusion
While dog owners may try various defenses to avoid liability, an experienced dog bite lawyer in Utah can help you overcome these challenges. If you’ve been bitten by a dog, don’t let these common defenses deter you from seeking the compensation you deserve. Contact our team of skilled dog bite injury lawyers in Salt Lake City for a free consultation. We’ll help you build a strong case and fight for your rights.
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