Dog’s History of Violence? How Prior Attacks Boost Your Dog Bite Settlement

A dog bite can be a traumatic experience, leaving physical and emotional scars. While the immediate aftermath focuses on medical treatment and recovery, understanding your legal rights is crucial, especially when a dog has a history of violence. Did you know that approximately 4.5 million people are bitten by dogs annually in the U.S., with a significant portion requiring medical attention? This blog explores how a dog’s history of aggression can significantly impact your dog bite settlement, potentially increasing the compensation you receive.

Why a Dog’s History of Violence Matters

In many jurisdictions, dog owners are held responsible for the harm their dogs inflict. However, the extent of that responsibility can depend on whether the owner knew or should have known their dog was dangerous. A history of violence establishes this knowledge, making it easier to prove the owner’s negligence and increasing the value of your claim.

Establishing Negligence: Proving that the owner was aware of their dog’s aggressive tendencies strengthens your case. It demonstrates that they failed to take appropriate measures to prevent the attack, such as restraining the dog or warning others of its potential danger.
Undermining Defenses: A history of violence can weaken common defenses used by dog owners, such as claims that the dog was provoked or that the incident was a one-time occurrence.
Increasing Compensation: The more evident the owner’s negligence, the higher the potential settlement. A dog with a known history of aggression presents a greater risk, and the owner’s failure to address that risk can lead to increased compensation for the victim.

Unveiling a Dog’s Past: Evidence of Prior Aggression

Gathering evidence of a dog’s history of violence is crucial to bolstering your dog bite claim. Here’s what to look for:

Veterinary Records: Vet records can reveal a history of aggression, muzzle instructions, or behavior flags noted by medical professionals.
Animal Control Reports: Official records of prior complaints, bite history, and citations demonstrate official acknowledgment of the dog’s risk.
Witness Statements: Testimony from neighbors, delivery drivers, or others who have witnessed the dog’s aggressive behavior can confirm the owner had prior notice.
“Beware of Dog” Signs: The presence of such signs suggests the owner was aware of the potential danger.
Use of Muzzle or Heavy Chain: These restraining devices often indicate a dog known to lunge, bark, or behave unpredictably.
Social Media Posts: Old social media posts can sometimes reveal a dog’s behavior before the bite.
Security Footage: Video of lunging or aggressive behavior can provide visual proof of the dog’s tendencies.

Legal Theories and “One-Bite” Rules

Dog bite laws vary by state, influencing how a dog’s history of violence affects your claim. Some states follow strict liability rules, while others adhere to the “one-bite” rule or negligence-based principles.

Strict Liability: In these states, the owner is automatically responsible for the dog’s actions, even if the dog has never bitten anyone before.
“One-Bite” Rule: This rule historically allowed a dog owner one “free bite” before being held liable for subsequent incidents. However, many states have modified or rejected this rule. Even in “one-bite” states, proving the owner knew or should have known of the dog’s aggressive tendencies is crucial.
Negligence: In negligence-based states, you must prove the owner was negligent in controlling the dog or addressing a known risk.

Even in states with strict liability, proving a dog’s history of aggression can still strengthen your case by undermining potential defenses and supporting your credibility.

How Prior Attacks Boost Your Settlement

A dog’s history of violence can significantly increase the value of your dog bite settlement by influencing several key factors:

Increased Pain and Suffering Compensation: The emotional trauma and psychological impact of a dog attack can be substantial, especially when the dog has a known history of aggression. Compensation for PTSD, fear of dogs (cynophobia), depression, and anxiety can increase significantly.
Potential for Punitive Damages: If the owner’s conduct is deemed reckless or egregious, punitive damages may be awarded to punish the owner and deter similar behavior in the future.
Negotiating Power: A strong case with clear evidence of prior aggression gives your attorney greater negotiating power with the insurance company.
Higher Likelihood of a Favorable Verdict: If your case goes to trial, a jury is more likely to rule in your favor when presented with compelling evidence of the dog’s dangerous history and the owner’s negligence.

Factors Influencing Dog Bite Settlement Amounts

While a dog’s history of violence is a significant factor, other elements also influence settlement amounts:

Severity of the Injury: More severe injuries, such as deep wounds, nerve damage, disfigurement, or amputation, result in higher compensation.
- Minor injuries (bruises, small puncture wounds) → $5,000 – $20,000
- Moderate injuries (deep wounds, nerve damage, infections) → $20,000 – $75,000
- Severe injuries (disfigurement, loss of function, amputation) → $100,000+
- Fatal dog attacks → Wrongful death claims may result in six-figure or multi-million-dollar settlements.
Medical Expenses: Compensation should cover all medical costs, including emergency care, surgery, physical therapy, plastic surgery, and psychological counseling.
Lost Wages and Loss of Earning Capacity: If the injury prevents you from working, you may receive compensation for lost wages and reduced earning capacity.
Permanent Scarring and Disfigurement: Dog bites often cause permanent scars, especially on the face, arms, or legs. Scarring and disfigurement can significantly increase settlement value.
- Small, non-visible scars → $10,000 – $25,000
- Moderate scars on visible areas → $50,000 – $100,000
- Severe disfigurement (face, hands, arms) → $200,000+
Age of the Victim: Children typically receive higher compensation due to increased emotional trauma and long-term scarring concerns.
Insurance Coverage: Most dog bite claims are paid by the dog owner’s homeowners’ or renters’ insurance.
Provocation and Shared Fault: If the victim provoked the dog, the settlement may be reduced or denied.

Steps to Take After a Dog Bite

If you’ve been bitten by a dog, taking the right steps can protect your health and legal rights:

Seek Immediate Medical Attention: Even if the bite seems minor, it’s essential to get checked by a medical professional.
Report the Incident: File a report with your local animal control agency or police department.
Gather Evidence: Take photos of your injuries, the location of the incident, and the dog if possible. Collect contact information from any witnesses.
Document Everything: Keep detailed records of medical bills, lost wages, and other expenses related to the injury.
Consult with a Personal Injury Attorney: An experienced attorney can advise you on your legal options and help you navigate the claims process.

The Value of Legal Representation

Navigating dog bite laws and insurance negotiations can be complex. Hiring an experienced personal injury attorney can significantly improve your chances of receiving fair compensation. An attorney can:

Investigate the dog’s history: Attorneys can uncover evidence of prior aggression through public records, animal control files, and witness interviews.
Build a strong case: Attorneys know how to gather evidence, work with expert witnesses, and craft compelling arguments for your claim.
Negotiate with insurance companies: Insurers often undervalue claims, but an attorney can fight to ensure you receive full compensation for your damages.
Represent you in court: If a settlement cannot be reached, an attorney can represent you in court and advocate for your rights before a judge and jury.

Conclusion

A dog’s history of violence is a critical factor in determining the value of your dog bite settlement. By gathering evidence of prior aggression and working with an experienced attorney, you can increase your chances of receiving the compensation you deserve for your injuries, pain, and suffering. Remember, you have the right to hold negligent dog owners accountable and seek justice for the harm they have caused.