Most dog owners are responsible pet owners who warn others about irritable dogs or keep their dog chained when necessary. Sadly, not every dog owner is as responsible as others. When dog owners fail to train or restrain their dogs or look out for the safety of others, it can turn into a gruesome situation.
All dogs can be unpredictable and even small dogs can do significant damage when they attack. At Whiting Hagg & Dorsey, LLP, we can help if you or a loved one were hurt by a dog bite.
Give us a call at (605) 600-2984 to discuss your legal options.
Taking Action After a Dog Attack
When dogs are not properly supervised or restrained, especially around children, they may become bad-tempered or confused. Confused and angry dogs may not be able to be controlled by their owner. Dog owners should be held responsible for not taking the proper precautions to protect others from their dogs.
When a dog attacks, it can cause puncture wounds, severe infections, torn cartilage or muscle, and even emotional issues as a result of the trauma.
If you have been bitten by a dog, you should immediately:
- Seek medical care to have the injury treated immediately
- Call Animal Control and report the incident
- Take photos of your injuries
- Get witness contact information
- Speak with a caring and skilled Rapid City dog bite lawyer
South Dakota Dog Bite Laws
South Dakota has no statute that explicitly governs dog bite law, though it is one of a handful of states that still typically adheres to a “one-bite” rule. This means that dog owners are only liable for injuries their dogs cause if the animal had a history of aggression. With that being said, a previous bite is only one way to prove a dog’s aggression; growling, snarling, pouncing, or lunging may also be perceived as signs of a dangerous dog.
Owners in South Dakota can also be liable for injuries their dogs cause as a result of negligence. In negligence cases, it must be proven that the dog owner had a duty of care to the injured party, that they failed to live up to this duty, and that the injured party was directly harmed as a result of this failure.
Statute of Limitations for Dog Bite Claims in South Dakota
South Dakota requires all actions for personal injury, including dog bite lawsuits, to be filed within three years of the date of the injury. If you attempt to file a civil claim after this three-year deadline has passed, the courts will almost certainly refuse to hear your case and you will lose your ability to seek damages from the dog’s owner.
Since investigating your dog bite claim can potentially take several months, it is important to act quickly and retain strong legal representation early if you are considering taking legal action.
Contact Our Rapid City Dog Bite Lawyer Today
In most cases, dog bite claims are paid out by the responsible dog owner’s homeowner’s insurance policy. As a result, you may get a call from an insurance adjuster who offers you a settlement and says you don’t need a Rapid City dog bite lawyer.
They don’t have your interests in mind and are simply looking out for their company’s interests. At Whiting Hagg & Dorsey, LLP, we understand what you are going through and want to help you receive the fair compensation you deserve. Let us take care of the negotiations while you focus on healing.