Legal Consequences Of A Fatal Dog Attack
When you adopt a dog, you automatically take civil responsibility for any fatal consequences of a dog attack. This responsibility can also extend to property damage to third parties.
The latter cases are particularly delicate as no compensation could adequately compensate a victim (or his family) for this loss. Regardless of whether the injuries from a dog attack are superficial or fatal, it is impossible to imagine the type of refund that could compensate for the extent of the damage.
However, it is important that you know what the legal situation is for such cases. While a person’s life is of course priceless, the family can still seek appropriate compensation to help them manage the costs and expenses incurred. Therefore, you should inform yourself about your rights and obligations as a dog owner and accept them.
Legal implications of a fatal dog attack
The law regulates civil liability for physical and material damage caused by animals. Responsibility is understood as the duty to compensate for consequences that harm the interests and rights of another person. These consequences can result from own or third-party actions as well as from simple fault or negligence.
This article provides an overview of the possible legal consequences of a dog attack. It says, among other things:
The owner is responsible for his dog’s behavior, even if he was not there when the animal caused damage to a third party (or to his property). Still, you may be able to try to invoke any of the conditions that could add to your relief. In addition, you could possibly prove that the damage was caused by force majeure. Or maybe even based on the act of the victim himself.
However, owners of potentially dangerous dogs must meet certain requirements in order to be allowed to keep these animals. In addition to other obligations, the animal may be required to be insured, for example.
What can the bereaved of the victim of a fatal dog attack ask for?
Every owner is responsible for the aggressive behavior of his dog. It does not matter if the owner claims that he had no knowledge of his dog’s aggressive behavior. As a result, there may be an obligation to indemnify the victims or the family of a victim of fatal dog attack.
Anyone injured by a dog can seek compensation in court. This mainly affects medical care and other costs associated with recovery and treatment. In addition , the emotional consequences and possible loss of work that have arisen as a result of the dog attack are also taken into account.
If the dog attack is fatal, funeral expenses and other damage to family members are also taken into account.
It is also necessary to establish a cause-and-effect relationship between the behavior of the animal and the damage for which a person is seeking compensation.
In addition, the harmful consequence must be due to a dog’s natural, instinctive, and spontaneous behavior. In other words, the animal’s behavior was not the result of something that a human had previously done.
If the animal is intentionally used as a weapon of attack by a person, it will constitute dangerous bodily harm. Therefore, an attorney is usually indispensable for bringing such a civil or criminal action.
Are there any exceptions?
In general, the judiciary tends to rule in favor of the victims, especially when it comes to physical harm. However, there are two exceptions in which the pet owner could be exempt from liability:
- First, if the victim himself caused the fatal dog attack. That is, when the person was aggressive towards the animal and abused it in some way. However, these cases are rare and relatively difficult to prove, especially if the victim dies.
- Second, if the fatal dog attack took place on private property owned by the dog’s owner – one that requires the presence of a potentially dangerous guard or guard dog. For example, if the injured person breaks into someone else’s house on which there is a warning sign saying “Beware of the dog” or something similar.
However, these cases will be judged and decided on a case-by-case basis.
