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Generally speaking, pet owners can be held liable when their animals cause serious injury. It’s important to remember that animals act on instinct, though, and even the friendliest family dogs are inclined to bite in certain scenarios. For this reason, personal injury attorneys advise everyone to exercise caution when interacting with animals. If you were recently bitten by a dog and think you’re partially to blame for the incident, here’s what you should know about seeking compensation for the damages. 

How Might a Victim Be Partially Liable for a Dog Bite?

There are several circumstances in which dog bite victims can be found partially liable for the attack. Teasing or otherwise provoking the animal in any way is enough for the victim to shoulder at least some blame. Likewise, ignoring the owner’s instructions to keep your distance could end with you being partly at fault for any injuries that result. Trespassing onto the owner’s property could also warrant a liability dispute during any subsequent personal injury claims. 

How Does Being Partially Liable Affect the Claims Process? 

personal injury attorneyIf you’re deemed partially liable for a dog bite, the amount of compensation you’ll be able to collect—if any—will depend on the state’s laws. In states with a pure contributory negligence system, plaintiffs are barred from recovering any compensation whatsoever if they’re deemed even 1% at fault. In states with a pure comparative fault rule, on the other hand, a victim’s final payout is reduced by his or her own percentage of fault. If the victim is deemed 99% at fault, for example, he or she is still entitled to funds for 1% of the damages.

In states that have a modified comparative fault rule—of which Ohio is one—the final payout is also reduced by the plaintiff’s own percentage of fault; however, plaintiffs are barred from recovering anything if their own liability exceeds that of the defendant’s. In other words, if you want to build a winning claim following a dog bite in Ohio, you must demonstrate how you were less than 50% to blame for the incident. Fortunately, a seasoned personal injury attorney can help you gather sufficient evidence to prove just that. Such evidence might include eyewitness testimony and statements from various medical experts and/or animal behavioralists. 

 

If you’re recovering from a dog bite, turn to a personal injury attorney at Lane, Felix & Raisbeck CO, LPA to discuss your case. Located in Cincinnati, OH, this firm has been serving clients throughout Hamilton County for more than three decades. Their seasoned team has more than 60 years of combined experience in a variety of areas, including family law, criminal defense, and estate planning, and you can be sure they’ll put this experience to work for you. To explore all the services they provide, visit their website. To schedule a consultation with a personal injury attorney on their team, call (513) 922-7700.

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