Thursday, July 2, 2015

Dog Bite Structured Settlement


Dog Bite
Dog Bites

There are many persons who have been viciously attacked, bitten and mauled by Dogs. Sometimes it is the carelessness of owners who sometimes have not properly secured their dogs or just cannot manage and command their dogs which leads to these attacks. Injury from a dog bite has result in many dog bite compensations. Thousands of people have solicited the services of Dog bite injury lawyers to act on their behalf.

Dog Bite Law

The Minnesota dog-bite statute says:
If a dog, without provocation, attacks or injures any person who is acting peaceably in any place where the person may lawfully be, the owner of the dog is liable in damages to the person so attacked or injured to the full amount of the injury sustained.”
The victim doesn't have to show that the dog owner did anything wrong. To win a lawsuit under this statute, an injured person must, however, prove four things:
  1. The injured person was attacked or injured by a dog.
  2. The person being sued (the defendant) is the owner of the dog.
  3. The victim didn't provoke the dog to bite.
  4. The victim was acting peaceably somewhere he or she had the right to be.

The law doesn't require that the dog bite someone, or even make physical contact. For example, if a dog runs at and frightens someone, causing him to injure himself, the statute applies. (Morris v. Weatherly, 488 N.W.2d 508 (Minn. App. 1992).) The dog must, however, take some action that’s directed at the injured person. For example, a woman who fell on an icy walk sued the owners of the dog that she said cut in front of her in its hurry to get inside. The court ruled that because the dog had not been focused on the injured woman (it had not bumped into her or frightened her), but had been simply trying to get into the garage, the statute did not apply. (Knake v. Hund, No. A10-278, Kandiyohi County, Minn. District Court, Aug. 10, 2010.)

Statutes That Cover Only Bites

Some statutes do only cover dog bites. Here's the Arizona statute:
24-521 Liability for dog bites 
The owner of a dog which bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of its viciousness.
24-523 Provocation as defense 
Proof of provocation of the attack by the person injured shall be a defense to the action for damages.
To win under this statute, the injured person must prove three things:
  1. The victim was bitten (other injuries aren't covered by the statute) by a dog.
  2. The person being sued (the defendant) is the owner of the dog.
  3. The victim was in a public place or lawfully on private property when bitten.

Th bottom line is that once you have been awarded money because of an injury caused by dog or dog bite. You may be given a dog bite structured settlement. this is no different than a regular structured settlement as all this is saying that instead of receiving a limps sum cash. You will receive increments of payments. Most times its monthly.
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