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Provocation may be defined as any action by a person which causes the dog to immediately engage in a response that is motivationally different from the response it was engaged in just prior to the action of the person . In other words, the person's actions must immediately cause a radical change in the dog's behavior.
In most situations, dog owners owe a reasonable duty of care to anyone lawfully on their property. If the injured person can show the owner's negligence or failure to use reasonable care in restraining the dog or warning of the dog's dangerous propensities, they may sue for damages in many states.
Your dog bite case may be worth a significant amount of money. In cases involving the face or injury to small children, the settlement may be over $100,000, depending on the facts of your case and the experience of your dog bite lawyer.
Most dog-bite disputes never get to court; they're settled by negotiations between the injured person and the dog owner or insurance company.In many states, you can sue for up to $10,000 in small claims court. The best way to show how small claims court works is to follow a hypothetical case from beginning to end.
The average settlement from a dog bite claim was $43,653 in 2019. We here at QuoteWizard analyzed 2019 American Veterinary Medical Association (AVMA), the Insurance Information Institute and State Farm® dog bite claim data to see which states had the highest average cost per claim.
If the bite was minor, you still might be able to recover compensation. Dog bite injuries can also cause mental and emotional distress for which you can recover compensation. Chances are that you won't have to file a lawsuit to recover your damages.
How long does a dog bite case typically take to settle? The short answer is months, if not years. If your case is clear cut and liability is easy to determine, then your case could settle out of court and be concluded within 4 to 12 months.
In cases where the person who was bitten by a dog was trespassing, the property owner is typically not held liable for any injuries sustained, even under the strict liability rule. Ultimately, with very few exceptions, a dog owner is not responsible for a dog bite to a trespasser.
If you do have to go to court, use small claims court if your losses aren't too large. In many states, you can sue for up to $10,000 in small claims court.