Can you sue a dog owner
after a dog bite attack in Mississippi?
Dogs can be unpredictable. Even when an owner thinks that his
or her dog is a “friendly” dog, it can still attack and bite a
stranger, friend, or family member. Being injured by a dog bite
can happen anywhere. So, can someone sue a dog owner if they
are injured by a dog bite? The answer is: it depends.
There is no specific statute in Mississippi as there is in other
states that make a specific ruling on dog bites or dog attacks.
Dog attacks come under more general rules of negligence. If the
victim and his or her attorney can prove that the dog owner was
negligent in some way, then a lawsuit may be successful.
Negligence may be proven in a number of different situations:
- The dog was released from its
leash or allowed to run free in a public area where dogs were
either forbidden or at least required to be on a leash.
- The dog was known by the owner to
have previous dangerous tendencies. This might include the
fact that the dog had already attacked or bitten other people
before the incident under question. It might be because
the dog was of a particular breed that had a known record of being
dangerous, e.g. a pit bull terrier or mastiff.
A dog attack
victim’s cause of action against a dog owner is usually based on the
dangerous-propensity rule. Under the dangerous propensity rule,
an animal owner may be exposed to liability for an attack by his or
her animal when there is proof that: (1) the animal has exhibited
some dangerous propensity or disposition that the owner was aware of
prior to the attack complained of; and (2) the owner reasonably
should have foreseen that the animal was likely to attack someone.
A previous physical attack is not always necessary to hold a dog’s
owner responsible. Evidence of barking, growling, and chasing
may sometimes be sufficient to put the owner on notice of their dog
“dangerous propensity.”
Legal action is possible if you are attacked by a dog.
Dog attacks and dog bites can cause serious and long-lasting
injuries. If you, or a member of your family, have been
attacked by a dog in Mississippi and you have evidence that the dog
had a reputation for aggressive or dangerous behavior, or was off its
leash in a public area where leashes were mandatory, you should
contact our office as soon as you can. The sooner you act after an
unprovoked attack, the more likely you will be able to successfully
sue the owner and receive compensation for the attack.
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