Imagine one day you are walking with a friend along the familiar path through your neighborhood on the sidewalk. It’s a sunny, warm day, and you’re enjoying your time chatting about your lives.
Suddenly, an angry dog approaches you on the sidewalk. You recognize the dog as one that often barks angrily as you pass by, but this time it has escaped from the backyard. It charges at you. The situation becomes chaos. The dog bites down hard on your leg. You can feel tremendous pain and fear, as its teeth penetrate your clothing and your skin. It bites again, causing even more pain and fear. This casual walk around the block has now become a traumatic event in an instant.
The immediate aftermath of a dog bite injury involves first trying to get away from the situation, then assessing your condition, and often heading to the emergency room. Often times, a dog bit requires stitches and ongoing treatments to deal with the threat of infection. Of course, some breeds of dog can cause very serious injuries. Many people are left with ongoing medical issues and rehab, or terrible scars. Of course, dogs do not always target the leg. When the face is targeted, the results of a dog attack can be much more serious.
There are a number of concerns that remain even after the emergency of aftercare is addressed. Being the victim of a dog bite attack can lead to many questions. Why did this happen? How did the dog get out? Who pays for medical bills or for days of work missed? Will there be any lasting physical or mental effects from this incident? How do I go about making a claim and getting compensated? What do I do now?
If you or somebody you care about finds yourself in this situation, it is important to understand your legal rights following a dog attack.
Under Utah law, Utah Code 18-1-1, a dog owner is liable for the damages caused by their dog who attacks another person or property, with some pretty limited exceptions. Utah is a “strict liability” state. This means that an owner is liable for a dog bite or other injuries caused by a dog’s behavior even if the dog has never attacked someone before and even if the owner didn’t know that the dog had the temperament to attack someone.
When it comes to insurance, most homeowners’ insurance policies provide coverage to third parties who are harmed due to a dog attack if the attack involves someone not of the household covered by the policy. Of course, you can always use your health insurance coverage to cover the costs of medical care. Of course, for most people, using health insurance still requires significant payments out of pocket. Further, when pursuing a claim against the owner of the dog, your health insurance may (and usually does) require that their out-of-pocket expenses be reimbursed from the proceeds obtained from the homeowners’ insurance proceeds. This is a process called “subrogation.”
Throughout this process, the goal of the insurance company is to minimize how much it has to pay. Often this results in very low offers that ignore injuries or harms that a victim has suffered.
As the victim of a dog attack, or as someone who cares about someone who is the victim of a dog attack, having an experienced attorney represent you throughout this process is crucial to being able to get the compensation you are entitled to, as well as how to navigate all of these moving parts in the aftermath of this tragedy. The attorneys at Cannon Law Group have the experience and knowledge to successfully pursue justice for you or your loved one who may have suffered a dog attack. If you find yourself in this situation, or know someone who is, give us a call today!
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