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The following article was published in our article directory on December 6, 2011.
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When Man's Best Friend Turns Vicious

Article Category: Legal

Author Name: Leonardo Generaldi

Dogs are known to be man's best friend. It is not be denied that dogs are cherished as an important member society that over one third of American households are home to 61 million dogs. Many years ago, however, a German shepherd assaulted a couple of small dogs, and the sad thing is - it was a human who took the heat of the legal battle that followed, the human not having did anything to hurt the small dogs. This incident is a true story which happened in 1995, and the poor human being who happened to be the owner of the 110-pound German shepherd, was held liable by virtue of strict liability. Had the dog attacked a human being and caused personal injury, the owner may also be liable just the same, subject to some exception.

Lawsuits involving dog bites and dog attacks fall under a broad category of torts. A number of legal books admit that providing an exact definition of tort constitutes a difficult task on account of the constant modification of this legal terminology as society advances . A tort can, however, be described as a wrong committed by one person against another person, which causes personal injury to the latter , or injury/damage to the property of the latter, and which generally involves obtaining compensation for the injury or the damage. From the foregoing definition it is clearly implied that a tort is addressed as a civil wrong, not as a criminal wrong. Hence, a tort is compensated either in terms of a monetary remedy or an injunction .

The term strict liability is one of the three classifications of tort and refers to a responsibility regardless of blameworthiness or guilt. As applied to domestic animals, like the dog, strict liability stipulates that the owner is strictly liable for injuries caused by a domestic animal, given that such animal has displayed any indicators of vicious behavior, in other words, dangerous propensity. This highlights the somewhat catchy phrase 'every dog is entitled to one free bite' which advocates that the owner can not readily determine that his dog has dangerous propensity until the dog actually makes his first bite. Orange county lawyers , however, dispute that dangerous propensity can also be observed from the tendency of a dog to lunge towards people with a wide open mouth . Moreover, the attorneys claim that there is no such a thing as a free first bite since owners who unsuccessfully put a leash on an apparently aggressive dog may be subject to another form of tort called negligence.

Dogs have been man's wonderful companions for quite a long time. They have also been loyal guardians as they forge strong partnerships with their masters. In some occasions, however, dogs can turn out to be vicious and dangerous than others, in spite of their intelligence and proper training. When dogs cause personal injury to human beings or damage to their property, the consequences can drive its owner towards insolvency. On the side of victims, if your claim for compensation is sensible, make sure that your lawsuits are filed within the time limits prescribed by law called the statute of limitations.

Keywords: personal injury attorney orange county

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