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WHAT HAPPENS IF MY DOG BITES ANOTHER DOG?

Nina Zade • January 25, 2022

Dogs may be loving and affectionate creatures but sometimes these four-legged friends have a tendency to bite other dogs; and, in most cases, it is a bigger dog biting a smaller dog. Because big dogs have a powerful bite, the resulting injuries to another dog can often be serious. What happens if my dog bites another dog? Just as there are dog bite laws to protect humans, there are also laws when it comes to dogs biting other dogs. Each state has its own dog-to-dog bite laws, but, in general, most states treat the dog as property. For example, if you are driving your car and run through a red light and crash into another car that had the right of way; legally, the person who ran the red light and caused damages to the other car is responsible, and that same philosophy applies to dogs that bite other dogs.

In general, if a dog is not socialized at an early age, the chances of it biting other animals or people are higher. The legal repercussions that follow if your dog bites another dog are basically the same as if it bit a human.

Why Do Dogs Bite Other Dogs?

There are many reasons why dogs bite other dogs and they include the following:

Dogs can be territorial and will bite at other dogs that venture into their area.
Some dogs are said to be naturally aggressive, like the Staffordshire Terrier, Pit Bull, Doberman, or the Rottweiler.
A great many dog bites occur because the pet has not been socialized and may have jealousy issues.
Other dogs will bite because the owner has trained them to be aggressive.
Some dogs are abused and treated poorly, and, of course, they will be afraid, anxious, and scared. Those dogs have a higher potential for biting other dogs or humans.

What To Do If Your Dog Is Bitten By Another Dog

If your dog is bitten by another dog, here are some tips:

Remain calm; the more anxious and agitated you become, the more the other dog will be irritated and aggressive.
Do not blindly try and step in the middle of a dog fight, or you also run the risk of getting bitten.
Focus on getting your dog away from the other dog safely; maybe clap loudly to distract the other dog.
Once your dog is away from the other dog, ask the other dog’s owner for details, such as contact information, vaccination status, etc. If you have a smartphone, obtain images of the dog owner and the dog if he or she is uncooperative.
Take your dog to the veterinarian for an exam and get pictures of any injuries.
File a police report.

Negligence and Duty of Care

When a dog bites another dog, in most cases the owner has been negligent and breached the duty of care. This means that the dog owner is liable for the other dog’s injuries and any resulting damages. A dog bite attorney in Phoenix can help you discern the situation.

What Type of Compensation is Available for Dog Bite Injuries?

Fees associated with dog-dog bite injuries usually include the following:

Reimbursement for all the veterinarian bills;
Fees for all medications (pain pills, antibiotics, tetanus shot, etc.);
Kennel fees if the dog has to be admitted;
Fees to retrain a dog if the dog was a support dog who is injured and needs to be replaced; and/or
If the bitten dog dies, fees to replace the dog are also included.

How Do Courts Decide on Liability When it Comes to Dog-to-Dog Bites?

To determine liability, the court and a dog bite attorney Phoenix usually look at a few characteristics of the aggressive dog that include:

Size. In general, a bigger dog is more likely to bite a smaller dog.
Past aggressive tendencies. Speak to neighbors of the dog to ask if they have had any issues with the dog at fault, such as has the dog been aggressive towards their children or their pets?
Citations. Has the local animal agency issued any warnings or citations regarding the dog's behavior in the past?

If any of the above answers are yes, then it is likely that you have a strong legal claim for any injuries against the dog's owner. Contact a dog bite attorney Phoenix.

Is the Dog Owner Always Responsible?

If you own a dog, you are supposed to be in control of your pet at all times. In the majority of cases, if your dog bites another dog, you are at fault. However, there are a few exceptions to this rule:

Trespassing: There are situations when you are not responsible if your dog bites another dog. This is when another dog owner is trespassing on your property with his or her dog, or if the individual with the dog was committing a crime on your property.
Teasing: You are also not responsible if your dog bites another dog if the owner of the other dog is abusing, teasing, or taunting your dog.
Does not assume the risk: If you have a big dog who is on a leash and walking peacefully, but another dog owner with a much smaller dog brings his or her dog very close to you, any resulting bite is not your fault. All dog owners have to assume a risk of a potential dog bite, especially if the other dog is larger or a potentially aggressive breed. For example, if you saw a pit bull on a leash, then it is always better to assume that this breed has the potential to bite and keep your pet away.
Police dog: If you are looking after a leashed police dog or a dog owned by any governmental agency, and it bites another dog, you are not eligible for any damages. The statute assumes that the other dog owner was careless by bringing his pet close to the K9.

What Type of Damages can be Claimed if One Dog Bites Another Dog?

This all depends on the extent of the damages. In general, if your dog bites another dog, you will be responsible for any injuries and/or damages, medical expenses (including any surgery costs), and veterinary care. In addition, if the injured dog is a companion animal, you will also be responsible for any costs related to a substitute dog and the needed training. If the individual with a companion dog is unable to go to work because the dog is at the veterinarian, the judge may also tag on any lost wages. You should talk to a dog bite attorney in Phoenix to learn more.

What to do When Your Dog Bites Another Dog

If your dog bites another dog, there are legal repercussions, especially if the other dog is injured. You have the following options:

Contact your homeowner's or renter's insurer. In some cases, they will have liability coverage which will pay for the damages to the other dog. Call the insurer right away and file a claim. The insurer will then investigate the incident, determine if you are liable, and pay the claim.

However, you also need to know the following about homeowner’s insurance policies and coverage of dog bite claims:

Some insurance policies will exclude liability coverage or have limited coverage for injuries if you own an aggressive dog breed. For example, if you own a Cane Corso or a Pit Bull, many insurers will not cover the liability.
Some insurers regularly exclude dog bite-related incidents but will offer liability coverage for an additional premium. This premium will also vary with the type of dog breed. More aggressive dog breeds cost more to obtain liability insurance.
Depending on which state and county you live in, some insurers will not offer any liability coverage for dog bite-related injuries.
In some cases, the insurer will not initially exclude dog bite-related liability coverage, but once your dog bites another person or another dog, it will drop the coverage altogether when it comes time to renew your policy or you could also face higher insurance premiums.

Prevent Dog Bites

Most dog-on-dog bites can be prevented by being proactive; this can save you a lot of legal and financial hassles.

1. Always make sure that your dog is on a leash, especially if your dog is a large breed.

2. If you see another owner walking his or her dog, show courtesy and walk on the other side of the road or keep a safe distance.

3. Around your home, place signs that there is a dog on the premises

CONCLUSION

Arizona is a strict liability state - what this means is that if your four-legged friend bites another person or another animal, you will usually be responsible for any bills and damages. If you own a dog, you should always first check with your homeowner’s insurance policy to determine what type, if any, liability coverage is offered. This should be done before any incident occurs. Once your dog bites another dog, it becomes a legal issue and can cost you a tidy sum. It is highly recommended that if your dog bites another dog or another individual, consult with a dog bite attorney Phoenix as soon as possible. The Law Offices of Richard A. Gullette has experience with dog bite cases. What happens if my dog bites another dog? Call Richard Gullette at 1-602-230-2916 to find out what your next steps should be.

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WHAT HAPPENS WHEN I GET BIT BY A DOG?

By Nina Zade • January 25, 2022

What happens when you are bitten by a dog? What are the dog bite laws in Arizona? You may need a dog bite attorney. Read more here.

DO I NEED AN ATTORNEY TO HELP WITH COMMON DOG BITE INJURIES?

By Nina Zade • January 25, 2022

If you have had an incident with a dog, and you are looking for more information about Arizona dog bite laws, or want to contact an Arizona dog bite attorney, then read more here.

How Do You Prevent a Wrongful Death?

By Nina Zade • December 27, 2021

How do you prevent a wrongful death? Of course there's no way to prevent any and all bad things from happening, but let's take a look at how your workplace can ensure you have your bases covered.

What Should I Look for in a Wrongful Death Attorney?

By Nina Zade • December 23, 2021

Suddenly losing a loved member of a family because of the negligent or careless actions of another person can be devastating. Further, it can also deprive the family of income if the deceased individual was the sole breadwinner. In some cases, one aid for the survivors is to file a wrongful death lawsuit. There are many lawyers in Arizona from whom to choose; what are the best characteristics to look for? Below are tips on a few things to note when searching to find the best wrongful death attorney. Empathy and Compassion: When a family has lost a loved one, grief is a common emotion. Therefore, you want to select a professional who understands your grief and is sensitive to your tragedy. A lawyer who understands what survivors go through or has even gone through the same experience himself/herself will be better able to fight for your case and your legal rights. Experience: Wrongful death cases are not a given to win; in all cases, the defendant will have his or her lawyers who will deny all the allegations. Thus, you need a lawyer who has experience not only in court matters, but also one who knows how to negotiate and undertake the investigation to determine who was at fault and negligent. Not all personal injury lawyers have the experience to win wrongful death cases and you should always ask how much experience the lawyer has and his success rate. You need someone who can argue your case with confidence and be able to back it up with evidence. Ability to Communicate: There are many good wrongful death lawyers but not all of them can communicate effectively. They often use legal terminology without explaining what it means. Also, many lawyers are very busy and often have very little time to communicate with the client. Sometimes the client is never given an update on the case or only hears from the junior staff. You preferably want someone who knows the importance of communicating with you, who is able to patiently explain to you all the legal terminology and the steps involved in a wrongful death case and update you frequently as to how the case is progressing. At all times, the best wrongful death attorney should keep you fully informed about the next steps in the case. Amicability/Approachability: Even though there are some outstanding lawyers who have won wrongful death cases, some do not come across as friendly or approachable. Some may make you feel nervous, anxious, or you may feel afraid of asking questions . This is not the type of lawyer you want. You should select someone who is warm, approachable, and easy to talk to. You should never be afraid to ask or speak to your lawyer. In general, lawyers that work for large firms are often busy and are hard to get hold of. You are more likely to find personable and friendly lawyers in smaller or solo firms. Most of the time, you will find these down-to-earth lawyers will take ample time to sit and explain the whole process involved in a wrongful death lawsuit to you. Integrity: Like in all professions, there are some lawyers who have good morals, are ethical, and have excellent character, and then there are others who may not be trustworthy. Before you even step into the lawyer’s office, you should have scanned the internet and read the reviews . You need to select a lawyer who is honest, transparent, and trustworthy. You should be able to tell that during the first consultation if this is the lawyer you want. An honest and the best wrongful death attorney will answer all your questions, be upfront about the fees, and will explain everything to you in detail. If you are ever unsure about a wrongful death lawyer, seek a second opinion. Recommendations: Always speak to friends and families who have dealt with a wrongful death lawyer and learn about their experiences. In many cases, this is perhaps the best way to find a good lawyer. Strong recommendations from family and friends are a good indication that this is the best wrongful death attorney with whom you should consult. Do not make a final decision until you actually speak with the lawyer. Time: You also want to know how much time the lawyer will devote to your case . With large firms, the case is usually assigned to junior staff, but in smaller or solo firms, the lawyer will himself be involved in your case from start to finish. The Right Rapport: Sometimes when talking with someone, you will instantly develop a good rapport. Both of you will just “sync” and this is what you want in a lawyer. You want someone with whom you have a good relationship because, remember, you will be working together for many months. When you first consult with the lawyer, assess his/her demeanor, patience, and use of words; if he or she is on the mobile phone every other minute, this is the last person you want as your lawyer because obviously they have no time for your case. Conclusion Finding a good Arizona wrongful death lawyer to handle wrongful death cases is not difficult as long as you do your homework. Before walking into the lawyer’s office, you should know something about his or her education, training, and what online reviews have said. In most cases, you will be able to tell at the first consultation if this is the lawyer you want. Besides amiability and a good personality, you also want someone who has good experience and excellent communication. If you have had a sudden death in your family due to the negligent actions of another person, call the Law Offices of Richard A. Gullette at 1-602-230-2916. Rick Gullette has the motto that he offers “Personal Attention that puts you and your family first.” That’s the kind of lawyer you want.

What Should I Know Before Visiting a Wrongful Death Attorney?

By Nina Zade • December 23, 2021

Injuries and deaths frequently occur in the workplace, on the road, at the ballpark, recreational park, etc., and, in some cases, the fault is due to the negligence or carelessness of a person or persons. For example, you may be waiting at a crosswalk for the light to turn green, and suddenly a driver who is texting crashes into you causing injuries that prove fatal. Or your father was given the wrong dose of a medication by the pharmacist which resulted in a fatal stroke. In such scenarios, the survivor(s) may suffer significant financial loss if the deceased was the only breadwinner. In addition, if the deceased had small children and/or had bills to pay, the survivors would probably end up homeless if they didn’t have any financial resources . In such cases, the opposing party/individual may offer compensation, but, more often than not, the amount is small and will not cover long-term expenses. In the majority of cases, the survivors have little idea how much compensation is adequate and if it comes with any restrictions. For this reason, many people turn to lawyers and file a wrongful death lawsuit. But many people are not sure how to file a wrongful death lawsuit and/or what legal rights they have. Therefore, if you are not sure about the process, the first step is to consult an Arizona wrongful death attorney. Before you visit the wrongful death attorney, here are a few things you should know. CHOOSING A WRONGFUL DEATH ATTORNEY Selecting a wrongful death attorney for your case can be a challenge because there are so many lawyers in Arizona. Many lawyers frequently advertise their services on the radio, TV, internet, and billboards, but how is an ordinary citizen supposed to know who will be the best choice and who is the most experienced? The fact is that not all lawyers have experience in court and some are just in the beginning phase of their career. Sometimes you may have to consult with a few lawyers before you can pick one. In any case, when consulting with a wrongful death lawyer for the first time, here are a few things to ask: Today, there is no excuse for not knowing a few details about an attorney you are selecting. If you don’t own a computer or smartphone, visit your local library. Perform a Google search and read the reviews. In addition, visit the attorney’s website and get a glimpse of his education, training, and expertise. Read what others have to say in reviews about past experiences with the attorney. Finally, speak to friends and family if they know or have heard anything about the lawyer that you want to hire. The more you know about the attorney, the better you will be able to make an informed decision about the selection process. What does the attorney specialize in? Preferably you would want an attorney with wrongful death experience. Dealing with a wrongful death case is much different than dealing with a dog bite injury. Has the attorney undertaken a similar case before and how much experience does the lawyer have? Does the attorney have resources to undertake the case? For example, some wrongful death cases require an enormous amount of documentation, and, in some cases, discussion with expert witnesses. You want an attorney for wrongful death who has both the financial resources and a team of expert witnesses (doctors, knowledgeable medical personnel) to whom he or she can call upon to determine the causation and negligence in the case. Working with an Arizona wrongful death attorney sends a signal to the insurer of the defendant that you are serious about getting the compensation you are owed. Once an insurer receives a demand letter from an attorney, they immediately realize that this is serious and most likely are willing to come to the negotiating table. But you need to select an attorney for wrongful death who is not only skilled at negotiations but also not afraid to go to trial in case the negotiations fail. The attorney must send the signal to the insurer that he or she will do whatever it takes to get just compensation for his client. Does the attorney work alone or does he work with a team of lawyers? In general, consulting with an attorney who works with a team of other lawyers can be beneficial if he or she seeks expertise in other areas so that the client gets the maximum benefit. What are the costs associated with hiring a wrongful death attorney? This is a very important question; in general, the majority of wrongful death attorneys are paid on a contingency basis. This means that they get paid if they win the case and recover damages. The contingency fee varies from 30-35 percent. For example, if you are awarded $1 million in compensation, the attorney will get $350K as part of the contingency fee. You should also clarify with the lawyer if there will be any other “hidden” fees, like administrative costs, photocopying fees, etc. In most cases, the contingency fee is inclusive, but, in any case, it is vital to get all the costs in writing so that there are no disputes at the end of the case. How will the attorney initiate your wrongful death case? You should have some idea about the steps involved in filing a wrongful death lawsuit. Once you hire an attorney for wrongful death, he or she will obtain all the documents, speak to witnesses, review the medical records, and, with the help of experts, reconstruct the fatal scene. In addition, the attorney may also ask you to submit any paperwork from the opposing party that you have in your possession (defendant/company/insurer). Once your Arizona wrongful death attorney receives all the paperwork and documents, he or she will contact the individual or company at fault or their insurer. In Arizona, the law requires that both parties must start some type of mediation to come to a settlement before going to trial. Hence, your attorney will contact the other party and try to negotiate a fair settlement first. If the two sides are not able to come to a settlement , your attorney will file a lawsuit in the appropriate county. A trial usually requires more extensive investigations, including depositions and consulting with expert witnesses. The case is usually heard in front of a judge and decided by a jury who will determine the amount of compensation. How Much Compensation Can You Expect? The amount of compensation usually depends on the case and is hard to predict ahead of time because many factors are involved in determining the final award. Your attorney will generally include the following when arguing for your compensation: Lost wages Medical bills Pain and suffering Loss of companionship If the jury decides the case in your favor , you will receive some type of compensation for all the injuries and death that your loved one suffered. In general, high six-figure awards are not uncommon in Arizona. Conclusion It is important to be aware that in Arizona, there is a statute of limitations for filing a wrongful death case. The case has to be filed within two years from the time of death. Because there is an enormous amount of documentation and investigation required, it is important to seek an experienced Arizona wrongful death attorney as soon as possible. While no amount of compensation can bring back your loved one, an attorney for wrongful death can at least try to get you compensation for all the pain and suffering that you have been through. Reach out to us today , and let's start a conversation.