Articles | When Man's Best Friend Turns Vicious

Dogs are known to be man's best friend. It undeniable that dogs are cherished as an important member society that over one third of American households are home to 61 million dogs. Many years ago, however, a German shepherd assaulted a couple of small dogs, and the sad thing is - it was a human who took the heat of the legal battle that followed, the human not having lifted a finger against the small dogs. This incident is a true story which happened in 1995, and the poor human being who happened to be the owner of the 110-pound German shepherd, was held liable by virtue of strict liability. Had the dog attacked a human being and caused personal injury, the owner may also be liable just the same, subject to some exception.

Court proceedings involving dog bites and dog attacks fall under a broad category of torts. A number of legal books admit that providing an exact definition of tort is a difficult task on account of the continuing changes made on this legal terminology as society advances . A tort can, however, be described as a wrong committed by one person against another person, which causes personal injury to the latter , or injury/damage to the property of the latter, and which generally involves obtaining monetary remedies for the injury or the damage. From the foregoing definition it is clearly implied that a tort is addressed as a civil wrong, not as a criminal wrong. Hence, a tort is compensated either in terms of a monetary remedy or a sanction or restriction.

The term strict liability is one of the three classifications of tort and refers to a legal accountability regardless of culpability or fault . As applied to domestic animals, like the dog, strict liability provides that the owner is strictly liable for injuries caused by a domestic animal, given that such animal has exhibited any sign of vicious behavior, in other words, dangerous propensity. This highlights the somewhat catchy phrase 'every dog is entitled to one free bite' which suggests that the owner can not readily determine that his dog has dangerous propensity until the dog munches on a leg or foot for his first bite. Orange county law practitioners, however, argue that dangerous propensity can also be observed from the aggressively thrusts towards other people with their mouth wide open . Moreover, the attorneys claim that there is no such a thing as a free first bite since owners who fail to control an apparently aggressive dog may be subject to another form of tort called negligence.

Dogs have been man's wonderful companions for quite a long time. They have also been loyal guardians as they forge strong partnerships with their masters. In some occasions, however, dogs can be mean, vicious and dangerous than others, in spite of their intelligence and proper training. When dogs cause personal injury to human beings or damage to their property, the consequences can drive its owner towards bankruptcy . On the side of victims, if your claim for compensation is sensible, make sure that your lawsuits are filed within the time limits prescribed by law called the statute of limitations.