Establishing Liability in a Tampa Dog Bite Case
The plaintiff, or the injured party, is always the one that has the burden of establishing liability in a Tampa dog bite case. If a dog injures a person, the injured individual has to prove that the injury occurred, that a specific individual owned or was responsible for the dog when the injury occurred, and that injury caused damages.
Because it is a strict liability, duty, breach of duty, and causation of damages are a bit different. An individual has to prove that a specific person owns the dog, that this dog caused the injury, and that the injury made an individual sustain damages.
If the person proves that somebody is the owner of the dog, and proves that that dog caused the injury to them, then they have established liability in a Tampa dog bite case. To pursue such a case, an individual should not hesitate before hiring a Tampa dog bite lawyer.
If somebody is injured around the dog and there is no record of the ownership of that animal, an individual can try to obtain records from the pound or other breeders. If the person purchased the dog, there can be a track record, but sometimes, there is no record showing that somebody owns the dog.
An attorney can sometimes establish liability through social media. People post photos online, and through social media, attorneys can sometimes prove ownership. Once ownership is proven, an individual can testify to that ownership. From there, an attorney can create a case to establish liability in a Tampa dog bite case.
A person does not have to have their dog on a leash, but that is one of the reasons that it is a strict liability crime. The court is saying that if an individual owns a dog, they are responsible for the acts of that dog.
If the individual does not want to put the dog on a leash, then it is important to be aware that any trouble they cause is going to come back on the person as the owner. This can be used to help establish liability in a Tampa dog bite case.
In addition to research on social media and interviewing any friends and family, there is some surveillance of dog parks, veterinarian offices, and similar elements. These can include things such as proof that an individual takes their dog to the park every Tuesday and Thursday, or that the person pays their vet bills. Access to that information can help prove liability in a Tampa dog bite case.
Role of an Expert Witness
The only expert witness in a dog bite case would be the doctors that treated the injured parties. They could show how this injury would normally occur from a dog bite, what the treatment was, why it was necessary, and that these are common injuries that occur from dog bite cases.
If a person’s dog chews off the leash and attacks an individual, that person can sue them because that is strict liability. The first bite is the one that the individual will be able to be sued on. Even if a person has their dog well trained, on a leash, or tied up outside, it does not matter. If that dog attacks somebody and injures them, the owner is going to be liable for it.