We help injured people collect the full amount they deserve. Thousands of claims handled. Millions of dollars collected.The Personal Injury Attorneys of Bob Moore & Associates
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South Dakota/Wyoming/Nebraska
Animal Bite Lawyers

Animal bite laws most often include provisions referred to as “one bite free” or “one bite rule.” Even in states that do not have a specific one bite free rule as such, the one bite rule is a standard element of common law, used to establish an owner's liability for his or her dog's aggressive behavior 

The “one bite free” rule recognizes that dogs can be unpredictable, and the first time a dog bites someone, it is not necessarily the owner's fault. After the first bite, however, the dog owner is assumed to be aware of the dog's propensity for aggression, and obligates the animal owner to take precautions to prevent any further such behavior.

Despite the name, states that have “one bite” rules do not prohibit claims against dog owners for injuries. “One bite free” rules and guidelines simply establish higher standards of proof to establish the dog owner's liability the first time his or her dog bites someone. On the other hand, “one bite free” rules make it far easier to establish owner responsibility for any subsequent bites.

Under “one bite free” rules, the victim must establish that the owner either knew or should have known about the dog's aggressive tendencies, or that the owner was negligent in his or her care and control of the dog 

Some of the factors that may help establish responsibility include the following:

  • The dog has been known to act aggressively, including lunging, growling, or baring its teeth;
  • The dog was at large at the time of the incident;
  • The dog is a banned or restricted breed in your area;
  • The dog was trained for fighting, guarding, or other aggressive behavior;
  • The owner has had aggressive dogs in the past; and
  • The owner was negligent in restraining or controlling the dog

A South Dakota/Wyoming/Nebraska dog bite lawyer familiar with the laws and guidelines in your area may be able to locate evidence establishing owner responsibility even in cases where no previous aggression has been reported. 

Whether this is the first time a dog has bitten someone or not, it is important to gather as much information as quickly as possible, in order to establish who is responsible for the damages inflicted by the dog bite. Witnesses and others familiar with the dog and its owners must be interviewed, evidence must be gathered, and a case must be clearly outlined to establish who is responsible under the guidelines in your jurisdiction.

An experienced personal injury attorney, familiar with the rules and guidelines of dog bite cases in your area, can offer the guidance you need to make your strongest case and establish clear responsibility for your injuries. 

Contact A P.L.C. Moore & Kandaras/Bob Moore and Associates at 343-HELP or 800-888-1453 to discuss, with no charge to you, your animal/dog bite claim.

A Professional Law Corporation, Moore & Kandaras (A P.L.C. Moore & Kandaras) is a South Dakota Professional Law Corporation of Lawyers (Attorneys) registered with the South Dakota Secretary of State. A P.L.C. Moore and Kandaras d/b/a Bob Moore and Associates are attorneys and lawyers who represent injured individuals primarily in South Dakota but also in Wyoming and Nebraska with claims with insurance companies. A P.L.C. Moore & Kandaras and Bob Moore and Associates limit their law practice to various injury claims arising out of automobile accidents, motorcycle accidents, truck accidents, bus accidents, pedestrian accidents, slip and fall accidents and wrongful death claims.

© 2008 A P.L.C. Moore & Kandaras. All Rights Reserved. A P.L.C. Moore & Kandaras does not provide services relating to the diagnosis or treatment of injuries and their services are not endorsed by any medical doctor or doctors.