How Is Dog Bite Liability Established Under Boise, Idaho Laws?
Anyone incurring dog bite injuries in Boise, Idaho, may have the right to seek compensation from the dog owner and should discuss their case with a Boise dog bite injuries lawyer. The latter will analyze all case details and assess whether the dog owner is liable or not for the injuries their dog inflicted.
Determining dog bite liability requires a thorough knowledge of Idaho laws, especially of Idaho Statutes Section 25-2810, but also careful analysis of the circumstances in which the dog bite injuries occurred. Depending on the circumstances, both the dog owner and the dog bite victim can be liable for the injuries.
Idaho Dog Bite Laws Overview
When Does the Victim Share Dog Bite Liability?
Dogs cannot be declared dangerous or at risk, and the owner will not be liable for the dog bite injuries if they are the result of justified provocation. The following instances qualify as a justified provocation:
- When it inflicted the injuries, the dog was protecting someone in their immediate vicinity
- The victim of the dog bite injuries was committing an offense or a crime on the dog owner’s property
- The bitten person was tormenting, abusing or assaulting the dog, or had done that in the past
- The dog bit the person in response to pain or to protect its puppies
- The dog bite injuries were inflicted by a herding, predator control, or hunting dog, and they occurred on the property of the dog owner
- The dog was a service animal trained to assist disabled persons
- The bitten person was interfering in a fight or some other form of aggressive behavior between two or more animals
When Is the Owner Liable for Dog Bite Injuries?
According to paragraph (10) of the above-mentioned Idaho Statutes Section 25-2810, dogs that attack, wound, or bite persons who are not trespassing and who have not provoked them of justified their behavior subject their owners or keepers to civil liability for the consequence of their behavior.
This means that anyone who incurred dog bite injuries they did not provoke can seek compensation from the dog owner or keeper. However, in order to actually obtain that compensation, it helps to be able to prove that the dog had been previously determined at-risk or dangerous, and their owner or keeper neglected to take reasonable measures to prevent their dog’s dangerous behavior, or, worse, they encouraged it. Examples of negligence would be:
- Failing to confine the dog to a locked, secure enclosure from which it cannot escape and to prevent the accidental entry of unauthorized persons
- Failing to keep the dog on a secure leash when taking it out for a walk and failing to put its muzzle on in order to prevent it from biting
- Failing to display at their premises a “Beware of Dog” sign and warning symbol visible from the closest roadway.
These are measures the court usually orders the owners of at-risk or dangerous dogs to take in order to prevent their dogs from hurting anyone.
“At-Risk” and “Dangerous” Dogs
“At-risk” dogs are those that bit a person without justified provocation but did not inflict serious injuries. “Dangerous” dogs are “at-risk” dogs that bit or physically attacked someone without justified provocation.
Dogs are categorized as “at-risk” or “dangerous” following the petition in court of:
- Anyone the dog bit or attacked
- The parent or guardian of a child the dog bit or attacked
- A Boise prosecuting attorney
Proving Dog Bite Liability and Obtaining Compensation in Boise, Idaho
In order to obtain compensation for dog bite injuries, the victim will have to show that the owners or keepers of the dog had the duty to take reasonable measures to prevent their dog from biting or injuring others, they neglected to take those measures, and the injuries occurred as a result of their negligence.
Dog bite victims will also have to prove how serious the injuries were, what type of medical care they needed, what costs they incurred, and what other consequences the dog bite had on their personal lives and finances. Depending on the circumstances and the available evidence, the compensation may cover, besides medical expenses, therapy, lost wages, and even pain and suffering.
It helps a lot if the victim can prove that the dog owners or keepers were aware of the dog’s aggressive behavior and did nothing to prevent it. However, gathering all the evidence and following civil court procedures is easier said than done. It requires time, patience, and the experience and knowledge of a Boise dog bite injuries lawyer.
Hire a Dog Bite Injuries Lawyer Now!
If a dog bit you or attacked you, proving dog bite liability and obtaining compensation for your injuries will not be easy. You need an experienced dog bite injuries attorney like Joe Frick on your side. Call (208) 401-9311 or use the contact form and schedule a FREE consultation now!