Did a dog bite you? Have you sustained injuries as a result of the encounter? If so, a Shawnee personal injury lawyer can help you pursue compensation from the dog’s owner. At Foster Wallace, we understand the emotional distress and financial burdens that an experience like this can create.
Instead of stressing yourself out and trying to figure out the legal process all by yourself, reach out to a Shawnee dog bite lawyer from our law firm. With 45 years of combined experience, we’ve recovered over $1 billion in combined settlements, jury awards, and judgments.
With us by your side, you can focus on healing while we take care of all legal matters. Remember—we’re here for you: Your Injury. Our Fight.
Kansas Dog Bite Laws Regarding Liability and Responsibility
Kansas follows a one–bite rule. This means that a dog owner might not be held liable the first time their dog bites someone unless they were aware—or should have been aware—of the dog’s aggressive tendencies.
However, if the dog has a history of biting someone in the past or has displayed dangerous behavior before, then the owner can be held responsible for any injuries their dog causes. Additionally, negligence and local leash laws may also play a role in determining liability.
But what does it take to prove liability in a dog bite case? Not only will your attorney need to prove that the dog owner knew—or should have known—the dog posed a risk, but your lawyer will have to show that the owner failed to take reasonable precautions or violated local laws.
Common Injuries Victims of Dog Bites Often Sustain
Dog bites can cause a wide range of injuries. From minor wounds to major damage, victims can suffer a wide array of physical harm. Emotional trauma is common, as well. Let’s look at more specific examples of injuries often caused by dog bites:
- Puncture wounds
- Lacerations and deep cuts
- Broken bones
- Nerve damage
- Facial injuries and scarring
- Emotional trauma
- Infections and rabies concerns
If a dog bites you, immediate medical attention is a must. That way, you can take precautions and minimize the likelihood of your injuries getting infected.
Contact our Kansas city personal injury lawyers now.
Compensation Available in a Dog Bite Case
If you are a victim of a dog bite, you may be entitled to compensation for a range of damages. These often include economic damages, meaning the financial hardships you’ve endured, or non-economic damages, which refer to the mental turmoil the experience inflicted upon you.
Some of the compensation you may be entitled to includes:
- Medical expenses: This is intended to cover emergency care, surgical procedures, prescription medications, and ongoing therapy.
- Lost wages: If your injuries prevent you from going back to work or working in the same capacity you were before the incident, you might be eligible to recover lost income.
- Pain and suffering: You may be able to receive compensation for physical pain, emotional trauma, and long-term effects.
- Disfigurement and scarring: If your dog bites result in permanent scarring, additional damages may be awarded.
- Punitive damages: In cases of extreme negligence or intentional harm, punitive damages may be awarded to punish the at-fault party.
Statute of Limitations for Shawnee Dog Bite Cases
In Kansas, the statute of limitations for personal injury claims—which includes dog bites—is two years. This means that you have 24 months from the date of the incident to file a lawsuit in your pursuit of compensation for your injuries.
Failing to file your claim within this time frame could result in you losing your right to file a claim altogether. The clock for the statute of limitations starts the day the dog bites you, so you won’t want to spend time waiting around.
Instead, you’ll want to retain a dog bite attorney in Shawnee immediately. The sooner you begin the legal process, the better your chances of receiving full compensation. Your lawyer can advise you on what to expect and how to proceed.
Defenses a Dog Bite Lawyer in Shawnee Can Argue Against
The exact defense strategy that your lawyer goes up against will depend on the specifics of your case and the details of the incident that resulted in your injuries. That said, dog owners and insurance companies alike might try to implement the following defenses to evade liability:
Provocation
A common defense in dog bite cases is provocation. This is when the dog owner argues that the victim provoked the dog by teasing, hitting, or aggravating it in other ways. Let’s say the victim engaged in behavior that could be perceived as threatening or aggressive to the dog.
In cases like these, the owner might try to argue that they should not be held liable for the attack. However, the defendant has the burden of proving provocation, and they must demonstrate that the victim’s actions directly led to the attack.
Trespassing
Another defense commonly raised is trespassing. Dog owners may claim that the victim was unlawfully occupying their property when the bite occurred, which is a defense that could limit or eliminate their liability altogether.
After all, under Kansas law, a property owner has more legal protections if the victim was trespassing rather than lawfully present on the premises. However, exceptions exist, especially if the dog was known to be aggressive or if the property was not marked with warning signs.
Assumption of Risk
The assumption of risk defense is typically used when the owner argues that the victim was aware of the dog’s dangerous tendencies but still interacted with the dog.
This defense is often applied in cases where the victim was warned about the dog’s behavior or voluntarily put themselves in harm’s way.
For instance, if someone knew a dog had a history of aggression yet chose to approach or pet it, the defense could argue that they accepted the risk of being bitten.
Contact Our Dog Bite Law Firm in Shawnee for Legal Help Today
If a dog bites you or someone you love, it’s important to reach out for legal assistance as soon as possible. Dog bite injuries can lead to long-term consequences—physically, emotionally, and financially.
With a Shawnee dog bite attorney by your side, you can better understand your rights and rest assured that someone you trust is guiding you through the legal process. At Foster Wallace, we have the knowledge and the experience it takes to handle dog bite injury cases.
We are invested in your life & future, and we want to help you obtain a fair compensation offer. We’ll work to ensure that your interests are protected every step of the way as we help you take the first step toward justice and recovery. Schedule a free consultation today.
