Get in touch with an established Lancaster personal injury lawyer as soon as possible following your dog bite injury is very important. After a dog bite personal injury, you may be dealing with substantial pain, treatment, medical-related bills and much more. With these often comes pressure from the at-fault party's insurance carrier to give your statement of the events which took place leading up to the canine bite attack, or to resolve your case for pennies on the dollar. When you've been attacked by a canine, time is critical. Your chance for a successful result to your case increases significantly in case you have a skilled personal injury lawyer defending your rights.
Historically within the United States, recovery for injury to the individual or property was based upon one of the legal concepts found within the family of common law torts. These principles consist of trespass, negligence, as well as strict liability. Each concept has its own aspects that should be proven by the injured party before the law would permit financial recovery for the damages caused by a pet.
The legal wrong of trespass occurs when one party goes upon the land of another without authorization. An animal is regarded as a part of the owner of the animal. In case a vehicle was inappropriately parked and rolled onto the land of another, causing damage, then the one who owns the vehicle would be liable for the damages caused. Likewise, it's proper to consider a pet to be a legal extension of the one who owns the pet. Nevertheless, it should be noted that animals represent a complex set of issues and as a result the owner might or might not be accountable for an animal's trespass.
Negligence allows recovery for the action or lack of action by an animal owner. Recovery at law under this concept requires a showing by the injured party that there was a legal duty owed to the injured party by the animal owner/keeper, and that the injury arose because of a violation of that duty. Not all harms are recoverable because not all duties of a moral or social nature rise to the level of a legal duty. In order to prove liability in a dog bite case there are a lot of issues which should be initially considered that might ensure successful disposal and early payment of a settlement. Was the individual who owned or was in control of the pet negligent and did they neglect to do something they should have done or did they do something that they must not have done thereby not being able to exercise the required obligation of care to the public?
A Lancaster personal injury attorney has to study the case very carefully to determine legal responsibility as well as negligence. Did the animal control authorities fail to take action against a known aggresive canine? Does the state, city or town where the episode happened have statutory strict liability that effectively makes the owner or custodian accountable to pay compensation in almost all circumstances where injury has occurred?
There may be an official record maintained by the animal control authorities where the episode happened as well as the location where the canine owner previously lived with the attacking dog thereby providing sufficient evidence on which to base a dog bite case.
Historically within the United States, recovery for injury to the individual or property was based upon one of the legal concepts found within the family of common law torts. These principles consist of trespass, negligence, as well as strict liability. Each concept has its own aspects that should be proven by the injured party before the law would permit financial recovery for the damages caused by a pet.
The legal wrong of trespass occurs when one party goes upon the land of another without authorization. An animal is regarded as a part of the owner of the animal. In case a vehicle was inappropriately parked and rolled onto the land of another, causing damage, then the one who owns the vehicle would be liable for the damages caused. Likewise, it's proper to consider a pet to be a legal extension of the one who owns the pet. Nevertheless, it should be noted that animals represent a complex set of issues and as a result the owner might or might not be accountable for an animal's trespass.
Negligence allows recovery for the action or lack of action by an animal owner. Recovery at law under this concept requires a showing by the injured party that there was a legal duty owed to the injured party by the animal owner/keeper, and that the injury arose because of a violation of that duty. Not all harms are recoverable because not all duties of a moral or social nature rise to the level of a legal duty. In order to prove liability in a dog bite case there are a lot of issues which should be initially considered that might ensure successful disposal and early payment of a settlement. Was the individual who owned or was in control of the pet negligent and did they neglect to do something they should have done or did they do something that they must not have done thereby not being able to exercise the required obligation of care to the public?
A Lancaster personal injury attorney has to study the case very carefully to determine legal responsibility as well as negligence. Did the animal control authorities fail to take action against a known aggresive canine? Does the state, city or town where the episode happened have statutory strict liability that effectively makes the owner or custodian accountable to pay compensation in almost all circumstances where injury has occurred?
There may be an official record maintained by the animal control authorities where the episode happened as well as the location where the canine owner previously lived with the attacking dog thereby providing sufficient evidence on which to base a dog bite case.
About the Author:
Getting a Personal Injury Attorney is important if you were critically injured in an auto accident or at work in Lancaster. You have to hire Lancaster Personal Injury Lawyer who has the skills, experience and resources needed to obtain the best possible result.
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