DOG BITE LAWYER IN OVERLAND PARK, KANSAS

According to the National Electronic Injury Surveillance System, there are an estimated 337,103 visits to emergency departments for dog bites per year in the United States. Whether a dog gets territorial or has simply never been properly trained by its owner, these pets can be dangerous, sometimes seemingly out of nowhere. When dogs strike, they inflict serious injuries that require immediate medical attention. 

If you or a loved one has been injured by a dog bite, take steps to be confident that you understand all your legal options. The team at Roth Davies LLC can help you seek the financial compensation you need to move forward following a dog bite injury. With decades of experience in personal injury, the legal team will apply their knowledge to your case. Roth Davies LLC proudly represents clients throughout Overland Park and Johnson County, Kansas.

KANSAS DOG BITE LAW

The laws regarding who can be held legally responsible for a dog bite injury vary from state to state. Under Kansas law, the one-bite rule applies. According to the one-bite rule, if the dog has bitten someone else before, then the owner knew that the dog could be dangerous. The owner has a duty to use reasonable care to stop the dog from biting again. Therefore, it may be possible to hold the dog owner legally responsible in court.

LIABILITY IN A DOG BITE CASE

Suing for compensation for a dog bite depends on proving liability. In Kansas, there are several key conditions that must be met in order to prove liability. 

First, you must be able to prove that the dog has bitten someone before. Then, you need to prove that the dog bit the victim and that they weren’t provoking the dog or trespassing on private property.

Next, you need to show that the dog’s owner did not use enough reasonable care to prevent the dog from biting. Lastly, you need to prove that the dog bite caused the injuries.

COMPARATIVE NEGLIGENCE IN KANSAS

Kansas law follows the comparative negligence rule. Under comparative negligence, if the dog bite was 50% or more your fault, you cannot collect any compensation for your injuries.

However, if the dog bite was less than 50% your fault, then you may be able to collect compensation – but it will be reduced by the percentage that the accident was your fault.

For example, if you snuck up on the dog, which caused it to bite you, then the jury may find that the bite was 25% your fault. If you were going to receive $10,000 for your injuries, your award would be reduced by 25% to $7,500.

FILING A PERSONAL INJURY CLAIM

You may need extensive medical treatment after suffering a dog bite. You might even miss time at work because of your injury. To recover compensation for these costs, you may want to file a personal injury claim against the dog’s owner.

STATUTE OF LIMITATIONS

The statute of limitations is the deadline after which it is no longer possible to file a claim. In Kansas, the statute of limitations for a personal injury case (such as an injury from a dog bite) is two years from the date of the injury. After two years have passed, you no longer have the option to file a claim for the dog bite.

AVAILABLE DAMAGES

It is possible to secure financial compensation, known as damages, for the losses you suffer due to a dog bite. You can seek compensation for medical bills, lost income due to missing time at work, and possibly pain and suffering as well. Speak with a knowledgeable personal injury attorney to learn more about possible compensation.