Dog Bites / Attacks

What Should I Do If A Dog Bites or Attacks Me?

If you are bitten, chased, or attacked by a dog, contact the appropriate authorities and seek medical attention immediately. If you are not treated, a dog bite can cause serious injury, infection, and even death if the animal is diseased. Once you have been medically evaluated, you should also consider consulting a lawyer with experience in animal bite cases to determine if you have a legal claim, and what damages you may be able to recover.

Is a Dog Owner Liable for Dog Attack in Delaware?

In Delaware, an owner of a dog is legally responsible ("liable") if their dog attacks or bites someone. Even if the owner had no reason to know that his or her dog was dangerous, the owner is still liable. There are limited exceptions to this rule of strict liability such as if the victim was teasing or tormenting the dog.

Who Else Could be Responsible for a Dog Attack in Delaware?

Dog owners are not the only people who can be held responsible. Here are a few common scenarios where someone other than the dogs owner could be held liable for an animal bite:

• Animal Keepers: Anyone who is responsible for the care or custody of an dog may be considered an owner or keeper and can be held responsible for an attack or bite. Examples include kennels, a pound, or an animal sitter.
• Parents of Minors: Even if a person under 18 years of age owns the dog at issue, an injured person can bring a legal claim against the minor's parents, even if the parents had no direct involvement with the animal.
• Property Owners: A property owner can be liable for injuries caused by an dog that the property owner allowed onto his or her property.
• Landlords: If an apartment landlord knew (or should have known) that a tenant owned a dangerous dog, the landlord may also be liable for dog injuries.

What Damages Can I Recover After A Dog Attack?

Depending on the seriousness of injuries resulting from a dog bite or attack, you may be entitled to recover for:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage

In some instances, you may also be entitled to punitive damages, which are awarded to punish someone for his or her behavior. To justify an award of punitive damages, the wrongdoer's conduct usually must be more than negligent, such as reckless or intentional conduct. For example, if a dog owner knew his dog was very dangerous, yet repeatedly allowed the dog to run free near a school, and the dog eventually attacked a child, a jury could conclude that punitive damages were appropriate.

• $2.2 million settlement: a man who, while in the course and scope of his employment, lost both legs when struck on the side of the road by a truck driver
• $2.1 million settlement: Navy SEAL struck by a driver who left the roadway, causing serious injuries to his legs
• $875,000 settlement: bicyclist who injured an eye when struck by a teenage car driver
• $850,000 settlement: young lady injured her shoulder in a multi-car accident which resulted in surgery, lost earnings, and medical expenses
• $615,000 settlement: 47-year-old man struck by a car while changing a tire, resulting in a significant arm injury
• $500,000 settlement: wrongful death claim where the defendant crossed the center line, killing the mother of 5 adult children
• $445,000 settlement: 60-year-old tractor-trailer driver rear-ended by another tractor-trailer, resulting in neck and back surgeries
• $350,000 settlement: 44-year-old woman who suffered orthopedic injuries resulting in surgery as a result of a motor vehicle accident
• $297,500 settlement: policy limits wrongful death settlement arising out of a motor vehicle accident
• $250,000 settlement: 51-year-old man who suffered a neck injury requiring surgery as a result of a motor vehicle accident
• $220,000 settlement: 46-year-old female cafeteria worker, injured low back lifting a tray of juice and subsequently diagnosed with failed back syndrome
• $205,000 settlement: 32-year-old male maintenance worker sustained low back injury while moving a trash dumpster, requiring multiple surgeries
• $164,990 settlement: 49-year-old male bus driver sustained low back and knee injuries when the bus hit a deep pothole, resulting in knee replacement surgery
• $125,000 settlement: 66-year-old woman who suffered an eye injury as a result of a trip and fall at a retail store
• $90,000 jury verdict: 44-year-old man rear-ended in an automobile accident resulting in muscular injuries and an elbow nerve injury