In many states, a dog owner cannot be held liable if someone provokes their dog and is bitten as a result. State dog bite laws sometimes limit this rule, but rarely is it eliminated. In this article, you will learn about the dog bite provocation defense and its exceptions.
What Role Does Provocation Play?
When you hear the term “provocation”, you probably think of teasing or mistreating a dog. While this behavior certainly counts, unintentional acts can also bring about a provocation defense. For instance, if a plaintiff is bitten after unwittingly stepping on a dog’s paw, the defendant could use the provocation defense even though there was no wrongdoing on the plaintiff’s part. The key to the defense is for an Injury Lawyer in Fredericksburg VA area prove that something happened to encourage the dog’s aggressive behavior.
Plaintiffs Must Prove That No Provocation Occurred
Although provocation is a defense, in most cases an Injury Lawyer must prove that they did not provoke the dog. Plaintiffs cannot omit information, and they must convince the judge and/or jury that it was more than likely the dog wasn’t provoked. The “preponderance of the evidence” standard is used, and the defendant can then present new evidence to the contrary.
A Dog’s Previous Behavior Makes A Difference
While there’s no established standard for “reasonable” behavior for dogs, there is an implied standard when a provocation defense is used. If a sensitive dog reacts to even the slightest provocation, the dog’s owner will likely be liable. The important issue is whether the dog’s reaction was predictable, and the circumstances around the bite matter.
State Laws’ Effect On Dog Bite Cases
About 50% of the states have dog bite laws, which vary widely depending on location. However, all state laws make it simpler for a plaintiff to file a case. Despite the victim-centric laws, the provocation defense is still valid in certain cases. In many areas, courts hold that a plaintiff can get reduced damages or lose the entire case if it is proven that they provoked the dog.
Some states’ dog bite laws include the defense, and others have provisions that address specific provocations. For instance, in Florida, a plaintiff must have been careless or mischievous for the defense to be valid. Whether you are a dog bite victim or a dog owner, an Injury Lawyer in Fredericksburg VA can give you legal advice and help you plead your case.
Contact visit us website for more information
