Dogs may be the most popular pets in the country, but a dog bite injury could leave you questioning whether canines really are humans’ best friends. The only good news is that you could be entitled to compensation from the dog’s owner for the losses you have sustained. If you were partially to blame for what happened, you can still file a dog bite claim, but your share of fault may affect your entitlement to compensation.
In Arkansas, there are criminal laws covering dog bite cases but no specific civil laws. However, if the dog’s owner acted negligently or knew the dog was likely to attack, you may be able to pursue a civil case on the basis of negligence. Arkansas’ comparative negligence rule could affect the compensation you deserve if you contributed to the dog attack.
This post will shine a light on the complex world of dog bites and how you can pursue justice even if you are partially at fault.
Dog Bite Laws in Arkansas
Although there are no specific dog bite laws at the state level in Arkansas, there are laws and legal principles that guide how these cases are handled, such as:
- Common law strict liability – also called the “one bite rule” in dog bite cases
- Criminal dog bite laws
- Negligence
Due to the complexities of dog bite cases, especially ones involving comparative negligence, it is crucial to seek the advice of a qualified Arkansas dog bite attorney. He or she can review your case, offer tailored legal advice, and may be able to help you pursue the compensation you deserve.
Common law strict liability
Common law strict liability is the default legal rule that applies to dog bite cases in Arkansas. A dog’s owners may be held responsible for their dog’s actions if they knew the animal had aggressive tendencies. This is sometimes called the “one-bite rule,” although this name is somewhat misleading.
If a dog has never bitten anyone before and has no known history of aggression, the dog owners may not be held liable for its first bite. However, if the animal bites again, the owner would have known it was aggressive and may be held liable. However, proving the dog’s owners knew it was aggressive can be challenging.
Another factor to consider is local ordinances. Although most counties and cities in Arkansas do not have local dog bite laws, Benton County does. Benton County is the second most populous county in the state and is home to its biggest city, Rogers.
Benton’s dog bite statute reads as follows: “The owner of any animal…is liable for property damages and injuries inflicted by his animal, while off the owner’s property, whether or not such animal has been declared dangerous or vicious.” The city also has specific regulations covering dog attacks on handicapped people and assistance animals.
The question of liability becomes more complex when the dog bite victim’s actions are also factored into the equation. To find the answer you need in your case, seek the advice of an Arkansas law firm that handles dog bite cases.
Criminal dog bite laws
Under the Arkansas Code, Section 5-62-125, a person may commit the Class A misdemeanor of an unlawful dog attack under the following circumstances:
- The dog owner knows the dog is likely to attack, injure, or endanger the safety of others without provocation
- The dog owner allows the dog to attack
- The attack causes death or serious injury
These criminal dog bite laws also state that “the court or jury may require the defendant to pay restitution under § 5-4-205 for any medical bills of the person attacked for injuries caused by the attack.”
So, if the case comes to court, you may have access to limited compensation for your medical treatment. However, the statute does not make provision for other economic damages or non-economic damages, such as pain and suffering or mental distress. Still, you may be able to pursue these types of compensation through a civil dog bite claim or lawsuit.
Negligence
A personal injury lawyer may advise that you pursue a dog bite lawsuit based on negligence. Local leash laws or fence ordinances may also bolster your dog bite claim.
The following four points must be proved to be successful in a negligence case:
- Duty of care: The dog owner had a duty of care toward the victim
- Breach: The negligent actions of the dog owner constituted a breach of his or her duty of care
- Cause: The breach was the direct cause of the dog bite injuries the victim sustained
- Compensation: The injured party is entitled to compensation for his or her injuries
The concept of negligence has been successfully used in dog injury cases in Arkansas. In Bergetz v. Repka, 244 Ark. 60, 63 (1968), an injury was caused by a German shepherd dog that roamed around a hotel. The dog owner was found to have acted negligently, and “it was not necessary that the particular injury should have been foreseen.” The judgment also stated that “proof that the defendant’s dog was vicious or had ever attacked anyone was not essential to the plaintiff’s case.”
Of course, a judge or jury will take Arkansas’ comparative negligence rule into account. When negotiating a settlement out of court, personal injury lawyers acting for the dog’s owner or insurance company must also factor in the victim’s liability.
If the dog bite victim’s actions contributed to the dog attack, this could reduce the compensation he or she can receive. In some cases, it may make it impossible to recover compensation.
Understanding Comparative Negligence in Dog Bite Cases
Comparative negligence is a complex area of law. However, do not quickly conclude that you cannot file a dog bite claim because you were partially at fault.
It is important to schedule a free case evaluation with a qualified and experienced personal injury lawyer who has handled dog bite cases previously. He or she can advise you on your legal options.
Arkansas’ position on comparative negligence
Although Arkansas does not have dog bite laws in its civil law books, the doctrine of comparative negligence in dog bite cases is set out in the Arkansas Model Jury Instruction 1604. This guideline shows that if the dog bite resulted from both the conduct of the dog owner and the dog bite victim, the jury must determine each party’s comparative fault.
It is important to note that the dog bite victim’s degree of responsibility must be less than that of the dog owner to recover damages. If it is greater, he or she will not be allowed to recover compensation.
The case of Ambort vs Nowlin illustrates this point. A dog bit a man at a home he was visiting.
The ruling of comparative negligence on the part of the salesman considered the following points:
- He was on private property
- He was not expressly invited there
- He had already felt apprehensive on noting the two barking dogs in the yard before he entered
Therefore, the judge ruled that rather than being a strict liability case, the doctrine of comparative negligence applied. The judge awarded the man partial damages for his medical bills and lost wages, taking into account that he was partially at fault.
Comparative negligence scenarios
Although no one sets out to get bitten by a dog, the example above highlights that the victim’s actions before the dog bite matter.
Although not exhaustive, here are a few other scenarios that could mean a dog bite victim is considered partially liable:
- Provoking a dog: Teasing, hitting, or otherwise taunting a dog could reduce compensation
- Ignoring warning signs: If a sign on a property warns visitors that there is a risk of being bitten by a dog, ignoring these signs may be considered negligence on the visitor’s part
- Unlawful presence: What constitutes unlawful presence varies from place to place, but trespassers and other visitors without an express invitation might be considered to have been on the property unlawfully
Most dog bite cases do not go to trial and are resolved through out-of-court negotiations. If you hire a personal injury lawyer to represent you, he or she can thoroughly investigate the dog bite incident to build a solid case for compensation. It is important to act quickly, as in Arkansas, dog bite victims must file a claim within 3 years from the date of the animal attack.
Insurance may cover dog bites
Dog bites can cause serious injuries, including nerve damage or infections. This can require costly medical treatment, lead to lost wages, and cause much pain and suffering.
However, the good news is that the dog owner’s insurance company may provide cover under a rental or homeowner’s insurance policy. In 2023, such claims cost homeowners insurers $1,116 million.
The bad news is that the policy may not cover the specific scenario or be enough to cover the compensation you deserve. Whether you settle out of court or your case goes to trial, hiring an experienced personal injury lawyer to fight for your rights is vital.
You Can Trust Minton Law Personal Injury Lawyers
At Minton Law Firm, we understand the impact a dog attack can have on your life. Even if you suspect your actions mean you are partially at fault, you still need a tenacious yet compassionate lawyer on your side to give you the best chance of success.
Headed up by former insurance adjuster turned personal injury lawyer Justin Minton, our law firm has a track record of winning big for our clients. We have secured 6- and 7-figure payouts for our clients both in court and at the negotiating table.
Since we know how the other side works, you can trust us to fight with all we have for the best result in your dog bite case. Call 855-Xadjuster today for a free consultation, or complete the online contact form, and we will call you back soon.
