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ACTIONS IN THE CASE OF SOMEONE'S DOG BITTE
Posted On: 02/26/2024 08:58:04

A dog on the street is a common sight. If it is a domestic dog, then the owner is following it on a leash; if the dog is without a leash, then the owner is walking somewhere nearby. But there are cases of dog attacks, when this friend of a man suddenly shows his animal nature and uses sharp teeth and claws. We will briefly summarize the information from lawyers’ websites about what to do if you are bitten by a person’s all-too-common friend.

It is necessary to urgently contact a medical institution - the nearest emergency room, emergency department, or call an ambulance.  At the medical institution, it is necessary to record injuries and obtain a certificate, in addition to which you must receive written doctor’s orders indicating what treatments are needed and why.

Contact the police with a statement. Police officers will take witness statements, inspect the scene of the incident, order the necessary examinations and make a conclusion about the presence or absence of intent in the actions of the dog owner. A police report must be obtained for further action if it is not possible to come to an amicable agreement with the owner.

Assess the extent of the damage and collect the relevant documents:

  • Receipts for medicines and clothing;

  • Documents confirming expenses for procedures and transportation;

  • Calculation of wage losses during treatment;

Assess the need for compensation for moral damages for moral and physical suffering suffered in an adequate amount. Please note that the court will most likely name a different amount, and it is guaranteed to be less than yours.

Based on the practice of similar cases, specialists from the legal bureau will help calculate the amount of compensation for both a civil claim and a criminal one.

Tryto negotiate with the dog's owner about voluntary compensation. Be sure to bring your complaints to the owner in writing, handing them in person against signature, or sending them by registered mail with a list of the contents and a receipt. With the consent of the animal owner, enter into an agreement and receive compensation. It makes sense to receive compensation even in a slightly smaller amount, because in the event of further proceedings and trial, you can waste a lot of time and nerves.

File a claim in court if you fail to reach an agreement with the dog's owner. In the application, describe in detail the circumstances and indicate your requirements, including the amount of damages. 

If the claim is correctly filed and contains sufficient evidence, the court will decide to satisfy it. And to draw up a correct application, it would not be superfluous to consult a lawyer. After reviewing the circumstances of the case, the lawyer will advise you on what type of liability and specifically for what the dog owner can be held accountable.

TYPES OF LIABILITY

The owner of a dog for violating his duty to ensure the safety of citizens from the dog as a source of increased danger may be brought to one of the following types of liability:

  • Administrative;

  • Civil;

  • Criminal.

ADMINISTRATIVE RESPONSIBILITY

Dog owners are sometimes brought to administrative responsibility for :

  1. For walking a dog, especially without a muzzle and a leash, in unauthorized places, such as: children's playgrounds, recreation areas for citizens, including those with children, near home areas.

  2. For walking, albeit in the right place, but again without a muzzle and a leash;

  3. For a dog attack that resulted in damage to the victim’s property.

CIVIL LIABILITY

It is envisaged that the owner of the dog will be held accountable in the form of payment of compensation to the victim for moral and property damage. Consulting a lawyer will be a significant help in filing a civil claim.

CRIMINAL LIABILITY

If a dog severely bites someone and thereby causes serious harm to health, the owner may be held criminally liable. In this case, justice distinguishes two options:

  • Causing serious harm to health by a dog due to the owner’s negligence, when, for example, a fighting dog broke off its leash and bit  a passerby;

  • Causing harm by a dog to the health of the victim due to the intent of the owner, when the owner set his dog on something that did not please him. Depending on the severity of the harm, the dog owner may receive a real sentence.

Achieving a fair punishment for a dog owner and decent compensation for harm through criminal proceedings is far from the easiest task. The services of a competent lawyer will help you solve it.

 



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