Unfortunately, the majority of dog attacks involve the most vulnerable of victims: children. In the event that your child suffers injury as the result of a dog attack, it is likely that any recovery made on behalf of the child will be placed into a protected account until the child is 18. Through the efforts of Keller & Keller’s dedicated attorneys, the terms of the recovery for your child can be maximized and properly structured to ensure maximum benefits toward your child’s future.

Since 1936, the law offices of Keller & Keller have aggressively and successfully represented victims of dog attacks, young and old alike. Pursuing a dog bite claim can be a complex process. Keller & Keller’s attorneys and professional will investigate and secure the necessary data to preserve your rights, determine the magnitude of your injury, and recover compensation for your injury and suffering.

The Centers for Disease Control studies dog bite incidents, including the types of dogs most likely to bite. The breeds that the CDC considers highest risk include:

• Pit bulls
• Rottweilers
• German shepherds
• Huskies
• Alaskan malamutes
• Doberman pinschers
• Chows
• Great Danes
• Saint Bernards
• Akitas

The list of breeds most likely attached to injury and fatalities changes from year to year and from one area of the country to another, depending on the popularity of the breed. In addition, dogs not known to the victim account for approximately 10 - 20% of all reported dog bites.

Small dog owners often overlook their dog's behavior because of their size and/or think they may not have a propensity for aggressive behavior. The truth is, little dogs bite more than big dogs. There have been numerous cases involving dog bite attacks with smaller dogs. Size should never be used as a predictor toward the likelihood of a dog’s potential to attack.

While there is no clear cut list in which all dogs can be categorized by levels of their dog-bite predictability, generally speaking:

Any dog, treated harshly or trained to attack, may bite a person. Any dog can be turned into a dangerous dog. The owner most often is responsible -- not the breed, and not the dog.

An irresponsible owner or dog handler might create a situation that places another person in danger by a dog, without the dog itself being dangerous, for example: leaving an infant alone with a dog.

Any individual dog may be a good, loving pet, even though its breed is considered to be likely to bite. A responsible owner can win the love and respect of a dog, no matter its breed. One cannot look at an individual dog, recognize its breed, and then state whether or not it is going to attack.

Nearly all states have some laws that govern what can be termed “dangerous dog” or “vicious dog” laws. These laws outline what constitutes a “dangerous dog” or even a “potentially dangerous dog” and under what circumstances an owner will be liable for the actions of such dogs. Moreover, some states impose what is called “strict liability” on dog owners for any injury resulting from a dog that is regarded as dangerous regardless of any knowledge of the dog’s tendencies. These strict liability laws may also limit the ability of the owner to claim a defense to the action. In other words, the law may state that the owner is liable regardless of whether the person who was bitten was trespassing on the owner’s property or whether the owner knew the dog was vicious.

Indiana

Under Indiana’s common law, all dogs are presumed to be harmless. This legal presumption is overcome by evidence of a known or dangerous propensity as shown by specific acts of the animal. A dangerous propensity is a tendency by the animal to do an act which might endanger someone’s personal safety in a given situation. Even when the owner or keeper has knowledge of dangerous propensities, liability is based on negligence. In other words, the plaintiff must prove that the owner did not take reasonable steps under the circumstances to prevent the injury.

Michigan

Under Michigan statute, a dog owner is absolutely liable for injuries caused by his or her dog, regardless of the owner’s knowledge of the dog’s dangerous propensities, in cases where the injury occurred on public property or while the victim was lawfully on private property. The only exception is when the injury occurred because the injured person provoked the dog. Under this statute, any negligence on the part of the injured person is no defense.

New Mexico

In New Mexico, if a dog owner knows or has reason to know that his or her dog has dangerous propensities abnormal to its class, the owner is subject to liability for harm done, even if the owner exercised the utmost care to prevent the dog from causing the injury. If, however, the victim knew that the dog was dangerous, but excited the dog or voluntarily got in its way, the owner will not be liable.

When a dog bite incident occurs, the victim has the right to seek monetary compensation for:

--medical expenses, including future medical expenses.
Medical expenses associated with a dog bite can be extremely costly, especially in the event of a scarring injury

--lost wages

--pain and suffering
Inconvenience and missed opportunity often accounts for damages attached to dog bite claims.

--psychological trauma
Attacks can leave an individual prone to future uncertainty and increased anxiety when in the presence of animals. As well, an attack from an animal often leaves scarring. Scars are more than physical injuries. They can also generate emotional trauma.

--damages incurred to property

--disfigurement due to scarring
Scars can be a serious, life-long result of a dog bite. Children are particularly susceptible to bites around the head and face. Scars may require additional plastic surgery which may need to be delayed until after the scar matures, usually about a year. In the case of a child, plastic surgery may need to wait until the child is finished growing.

An attorney will ask you for detailed information about the circumstances surrounding your animal bite. At a minimum, you should provide the name and phone number of the animal's owner. If you don't have this information, a neighbor or a witness might be able to provide it to you. Also, if there were witnesses, you should get their names and contact information as well.

In many cases, teasing or unintentionally provoking an aggressive reaction from a dog leads to a bite, but occasionally an attack is unprovoked. That is why small children should never be left alone with a dog. Whether or not there is a dog in the family, parents need to teach their children how to behave around dogs.

--There are approximately 4.5 million reported dog bites annually in the United States (nearly 2% of the American population). The majority of dog bites are never reported to local authorities.

--40% of American dog owners acquired pets primarily for protection-including German shepherds, Rottweilers, Mastiffs and Doberman Pinschers.

--Nationwide, U.S. Postal Service carriers suffered 3,423 dog attacks and bites in 2003.

--According to the American Medical Association, dog bites are the second leading cause of childhood injury, surpassing playground accidents.

--Dog bites to people of the male gender are approximately two times greater than the incidence involving females.

--Dogs that are licensed with an identifiable owner are implicated in the vast majority of dog bites (compared with strays).

--Dogs not known to the victim account for approximately 10 - 20% of all reported dog bites.

--Dog between one and five years are involved in more dog bite incidences than dogs older than 6 years. Male dogs are more frequently involved when compared with female dogs.

--Mixed breeds and not pure bred dogs are the type of dog most often involved in inflicting bites to people. The pure-bred dogs most often involved are German Shepherds and Chow chows.

--The list of breeds most involved in both bite injuries and fatalities changes from year to year and from one area of the country to another, depending on the popularity of the breed.

--The Centers for Disease Control and Prevention document that a chained dog is 2.8 times more likely to bite than an unchained dog.

--Canines not spayed or neutered are three times more likely to bite than sterilized ones.

--Of the estimated 4.7 million people who were bitten by dogs in 1994, 800,000 sought medical care. Of these, 332,000 needed treatment in emergency rooms, and 6,000 were hospitalized.

--The average hospital stay for a dog-bite injury was 3.6 days.

--Emergency room costs for dog bite victims in the United States was about $102 million in 1994, and overall direct medical costs was about $165 million.

--The majority of dog bites to adult humans are inflicted to the lower extremities followed by bites to the upper extremities including the head, face and neck. For children, 77% of dog bite injuries are to facial areas.

--According to the Insurance Information Institute, dog bites accounted for about one-quarter of all claims on homeowner's insurance, costing more than $321 million in 2003. --In 2002, the latest year for which numbers are available, the average claim for a dog bite was $16,600.

--Dog attacks account for one-third of all liability claims on homeowners' insurance policies. According to statistics, the insurance industry paid out more than $1 billion in dog-bite claims in 1998 alone.

--From 1979 to 1996, dog attacks resulted in more than 300 human dog bite related deaths in the United States. Most of the victims were children.

--Approximately 20 people die every year as a result of a dog attack in the United States. --By far, the majority of the victims are children.

--In the two year period from 1997 to 1998, twenty-seven people died as a result of dog bite attacks (18 in 1997, and 9 in 1998).

--Annually in the United States there are approximately 20 human fatalities directly resulting from a dog attack.

--The breeds most often involved in fatal attacks are Rottweilers and Pit bulls.

--In the United States, pit bulls make up one to three per cent of the overall dog population and cause more than 50 per cent of serious attacks.

--Of the 27 people who died as a result of dog bite attacks in 1997 and 1998, 67% involved unrestrained dogs on the owner's property; 19% involved unrestrained dogs off the owner's property; 11% involved restrained dogs on the owner's property; and 4% involved a restrained dog off the owner's property.

--Of the 27 people who died as a result of dog bite attacks during 1997 and 1998, 67% involved an attack by one dog; 19% involved an attack by two dogs; and 15% involved an attack by 3 or more dogs.

--From 1979 to 1998, at least 25 breeds of dogs have been involved in bite related deaths. Pit Bulls and Rottweilers were involved in more than 50 percent of these incidences.

Actions that may Provoke a Dog:
--Try to take food or toy away from him. NEVER bother a dog while he is eating. The most common situation where a dog bite occurs is while a dog is eating.

--Playing "tug of war" with a dog. Many dogs interpret this as aggression. If they "win," they feel empowered. If they feel threatened, they may try to retaliate.

--"Surprising" a dog. (sneaking up on him or startling him while he is sleeping). Often, the dog's defense mechanism will kick in, and he will bite in self-defense.

--"Rough housing" with or other sudden movements toward the dog's owner. Many dogs will see this as an attack on their owner, and will attack you to defend the owner.

--Ignoring their warning! If a dogs barks ferociously or growls when you approach his territory, bed, etc. and you continue, that is an engraved invitation to get bitten. They are warning you that they don't like that and stop. Listen!

--Inappropriate touching. Dogs generally don't like their ears, tail and feet tugged. Some don't like being inverted and rubbed on their belly. This is a position of submission and an aggressive dog will resist this "challenge" vigorously.

The Proper Way to Approach an Unfamiliar Dog:

--First, get the "okay" from the owner.

--Hold out your hand, fingers closed, palm down, slowly toward the dog. Allow the dog to approach your hand and sniff it.

--Wait for the dog's "okay". If he wants your affection, he will lower his head, perk ears, or even come closer to you. If the dog puts his ears back, flat on his head, or growls, or cowers, don't pet him.

--Pat the dog on the top of his head, or along his back. Avoid touching his belly, tail, ears, or feet.

What To Do If You Encounter a Seemingly Aggressive Dog:

--Stand still. If you keep approaching, the dog will interpret this as an attack

--Don't make eye contact. This is a challenge to the dog

--Don't smile. The dog thinks you are "baring your teeth" at him. This is an invitation to fight.

--Wait for the dog's owner to come and restrain the dog

--Respect the dog's wishes. If the dog is barking and growling, he is expressing his definite displeasure with your actions.

What To Do If You Are Attacked by a Dog:

--Don't move! You cannot outrun a dog, no matter how fast you are. Running only provokes an angry dog.

--Look away. Staring an aggressive dog in the eyes is a challenge.

--Use a soft, soothing tone of voice. Loud, angry-sounding words and screaming only spur on the dog.

--Keep your arms to your side, with your fingers curled in so the dog can't bite them.

--If he bites you, DO NOT PULL AWAY. This only spurs the dog on. Remain calm. Try to ram a stick, or other readily available object down the dog's throat to make him gag and until it lets you go. Don't hit the dog. Again, that just makes the situation worse.

--If you are on the ground, curl into a fetal position. Cover your head and neck. Lay perfectly still. Usually a still target is boring to the dog and they will retreat.