Aggressive Dog Bite Lawyer.
In order for the person bitten by the dog to recover, he or she must prove that owner of the dog or the person who had control of the dog at the time of the bite was liable. This means was the Defendant personally responsible to the Plaintiff for the injuries that were inflicted by the dog.
In the event that there is no legal liability there can not be any recovery of economic damages.
In the state of Maryland there are two basic types of liability that may exist in Maryland dog bite cases. One theory is referred as strict liability. Strict liability applies when the owner of the dog either knew or should have known of the dog's propensity to bite. An indication that can be used for consideration is if the dog has bitten another person on a prior date to the dog bite in question.
In the recent case of Tracey v. Solesky pit bull dogs were presumed to be dangerous. If they bite someone the owner will most likely be financially responsible for the damage caused by the dog bite.
The other theory is called the negligence theory. Under this theory the Plaintiff must be able to prove that there was a duty owed by the Defendant to the Plaintiff, that the duty was breached, that the breach was the cause of the damages to the Plaintiff and the Plaintiff was injured.
Issues that need to be preliminarily determined is if the dog ever bit anyone before the present bite. If there was a prior bite the dog owner may be responsible and can be sued in a court of law for damages. The next step in the analysis is if the owner was aware that the dog had the potential to bite another person, or had tendencies that would give rise to notice that the dog was dangerous. The more it can be established that the owner of the dog was on such notice, the more likely the owner of the dog can be held responsible.
Dogs may seem to be friendly but the fact remains that dogs and other animals can bite and inflict serious injuries. There are a number of published numbers which according to the center for disease control and prevention that over four million dog bites or animal attacks occur each year. In many of these attacks the victims do not report the the event or attempt to get medical help. Due to the fact that dog bites and other animal attacks can cause severe damage to different parts of the body including legs, arms, bones, tendons, muscles, bones, blood vessels and tissues both above and below the skin, it is important to get effective medical attention as quickly as possible.
There are several types of injury from dog bites can be treated at home. Due to the fact that many of the injuries will not heal without proper medical treatment it is prudent to get medical help as quickly as possible. Another circumstance which in which it may be prudent to get medical help is to determine if he dog was rabid or carrying another disease. Continued bleeding and signs of infection such as swelling, heat, redness and pus can be an indicator that a doctor should be seen.
The action that should be taken immediately is to place a piece of clean towel or cloth around the area to attempt to stop the bleeding. In most instances the injured area must be elevated. The injured area should be washed with with soap and water. A clean dressing should be applied to the wound with an antibiotic if available.
At the earliest available time a doctor should be consulted for examination and treatment. Issues that should be reviewed with the consulting doctor is if the dog was vaccinated or if the dog had any other diseases. The condition of the victim should be taken into consideration to determine if any preexisting condition may have be affected or elevated.
At the earliest possible time it souled be determined who the owner of the dog was or who had control of the dog at the time of the bite. The type of treatment that should be rendered will depend upon the type of injury that was caused by the bite. The doctor will have to make a determination as to the nature and extent of the medical treatment that is appropriate. As may be appropriate some injuries can be treated by cleaning and dressing the injury while more serious types of injuries could require hospital care and more extensive treatment.
In the event that you have been bitten by a dog or other animal the experience can be traumatizing and can cause emotional distress for which you may be able to be compensated in addition to your physical injuries that may have been caused in addition to loss of wages or other loss income.
Repercussions of a Dog Bite
Every year it is throughout the country there are millions of persons that are bitten by dogs and many of these bites require serious medical attention and treatment. Many dog bites can result in serious injuries and treatments that can include damages to the skin and bones that may require different types of grafts and treatment of different types of infections.
It is very important to get prompt medical attention so that spreading infection can be avoided. Assuming that there is liability and insurance in many cases, you should not have to pay for the treatment for the dog bite. As part of our services the maryland dog bite lawyer can arrange proper medical treatment on your behalf.
Subsection (a) of the Maryland Code Annotated, Courts & Judicial Proceedings SS 3–1901 allows strict liability unless the owner can prove that he neither had actual knowledge nor should have had actual knowledge that the dog had dangerous or vicious tendencies.
Subsection (c) of the Maryland Code Annotated Courts & Judicial Proceedings SS 3–1901 allows strict liability for any death, injury, or loss to person or property caused by a dog which is loose, except if the victim was committing a criminal offense against any person, trespassing or provoking the dog. Attempted trespass or commission of a crime are equivalent to trespassing or committing the crime.
Subsection (d) Maryland Code Annotated, Courts & Judicial Proceedings SS 3–1901 confirms that that the victim also can base a claim on negligence per se, negligence, or other statutory or common law causes of action; similarly, the defendant can argue any other statutory or common law immunity or defense.
Helpful Legal Terms
Tender of performance - An offer or attempt to do what is required under a contract or under the law
Testamentary capacity - The legal ability to make a will
Testamentary trust - A trust set up by a will or other document.
Sustain - A court ruling upholding an objection or a motion maryland dog bite attorneys
Tangible Personal Property Memorandum - A legal document that is referred to in a will and used to guide the distribution of tangible personal property
Taxable income - The income against which tax rates are applied to compute tax paid; gross income of businesses and adjusted gross income of individuals less deductions and exemptions
Extradition - Surrender by one state to another of a person accused or convicted of an offense outside its own territory and within territorial jurisdiction of the other, with the other state which is competent to try him her, demanding his her surrender.
Equal Protection of the Law - The guarantee in the Fourteenth Amendment to the Constitution Article III that the law treat all persons equally. Court decisions have established that this guarantee requires that courts be open to all persons on the same conditions, with like rules of evidence and modes of procedure; that persons be subject to no restrictions in the acquisition of property, the enjoyment of personal liberty, and the pursuit of happiness, which do not generally affect others; that persons are liable to no other or greater burdens than those are laid upon other people and that no different or greater punishment is enforced against them for a violation of the laws, dog bite lawyers in maryland, dog bite attorneys, in maryland,
contract or injury. In contract law, to be enforeceable, special damages must have been reasonably foreseeable and must flow directly and immediately from the breach.
Specific Performance - A remedy by which a court orders a person who has breached an agreement to perform specifically what he or she has agreed to do. Specific performance is ordered when damages alone would be inadequate compensation
Speedy Trial - A rule of law wherein the defendant must be brought to trial within 80 days.
Spendthrift Trust - A trust set up for the benefit of someone whom the grantor believes would be incapable of managing his her own financial affairs.
Calendar - List of cases scheduled for hearing in the court.
its completeness and accuracy.
Request for Production – Demand to a party to produce certain documents or other items.
Rescission –Rescinding of a contract.
Commit – Confine a person by a court order.
Cert. denied - Certiorari denied means that the court has decided not to hear the case, maryland dog bite lawyer,
Certiorari – Petition to an appellate court to review a lower court’s decision when it is not required to do so. When an appellate court grants a writ of certiorari, it agrees to hear the appeal. Granting of cert. results in an order to the lower court to transfer the record of the case to the appellate court and to certify it as accurate and complete. Challenge – Attempt to remove a potential juror from the jury pool. maryland dog bite attorneys
Challenge for Cause - Objection to the seating of a particular juror for some stated reason usually prejudice or bias for or against one of the parties in the lawsuit . The judge has the discretion to deny the challenge.
Revoke - To nullify a legal document.
Robbery – Taking of another’s property, from a victim or immediate presence and against his or her will, by means of force or fear.
Sidebar - Conference between judge and lawyers out of earshot of the jury and spectators.
Slander - False and defamatory spoken words tending to harm another’s reputation, livelihood, or business. Slander is spoken defamation while libel is published.
Sovereign Immunity – Immunity of a government, state, federal, or local, to a lawsuit unless it gives its consent, generally through legislation.
Special Damages - Actual, but not necessary damages resulting from a breach of dog bite lawyers in maryland
Search Warrant - A written order directing a law enforcement officer to search a specific area for a specific piece of evidence.
Self Defense - Legal justification for an otherwise criminal act necessary to protect a party or property from the actions of another.
Chambers - Judge’s office.
Change of Venue - Moving a lawsuit or criminal trial to another place for trial. Venue may be changed when a cases has received so much local publicity as to create a likelihood of bias in the jury pool.
Charge to the Jury - Judge’s instructions to the jury explaining the law that applies to the facts of the case on trial.
Charges multiple - Case with more than one count or offense listed on the court file.
Charging Document - Citation, information, indictment or notice to appear, indicating that the named person committed a specific criminal offense or civil infraction.
Chief Judge - Presiding judge in a court.
Circumstantial Evidence - Any evidence except eyewitness testimony. Evidence from which an inference must be drawn. Examples include documents, photographs, and physical evidence, such as fingerprints.
Citation - Written notice to appear in court.
Civil Action - Non-criminal case to enforce, protect, or redress private or civil rights.
Removal - Transfer of a state case to federal court for trial.
Rendition - Transfer of a fugitive from one state to another.
Replevin –Legal action for the recovery of a possession that has been wrongfully taken.
Examination - The questioning of witnesses under oath, before the court.
Exceptions - Declarations by either side in a civil or criminal case reserving the right to appeal a judge's ruling upon a motion or objection.
Res Judicata – Matter already decided by a court.
Respondent - Party against whom an appeal is taken.
Search - Examination of a person's house or other building or premises, or of his person, or vehicle, with a view to discovery of contraband, illicit or stolen property, or some evidence of guilt to be used in the prosecution of a criminal action.
Equity - Generally, justice or fairness. Equity refers to a separate body of law developed in n reaction to the inability of law courts in their adherence to writs and forms of action, to consider or provide a remedy for every injury. The king set up a court of chancery to do justice between the various parties in cases where a common law would give inadequate redress. The principle of this system of law is that equity will find a way to achieve a lawful result when legal procedure is inadequate. Remedies such as restraining orders and injunctions are equitable remedies.
Evidence - Testimony or exhibits that are received by the court at any stage of the court proceedings.
Privilege - A right, power, or immunity held by a person or class beyond the course of law, such as the privilege against self-incrimination under the Fifth Amendment.
Probable Cause - The evidence required before a person or property may be searched or seized by law enforcement and before a search or arrest warrant may be issued.
Family Allowance - A small amount of money set aside from the estate of the deceased. Its purpose is to provide for the surviving family members during the administration of the estate.
Final Order - An order that terminates the lawsuit between the parties, resolves the merits of the case, and leaves nothing to be done but enforcement.
Finding - Formal conclusion by the judge or regulatory agency on issues of fact.
Remittitur - Reduction by a judge of the damages awarded by the jury in a case
Surety Bond - A bond bought charged to the estate to insure the executors correct performance during the administration of the estate
Tort - A private or civil wrong or injury for which the court provides a remedy through an action for damages
Trademark - A word or name or symbol used by a manufacturer to show their goods from those sold by others
First Appearance - The initial appearance of an arrested person before a judge to determine whether or not there is probable cause for his her arrest. Generally, the person comes before a judge within hours of the arrest. Also called initial appearance,
Foundation - Preliminary questions to a witness to establish admissibility of evidence; laying a foundation for admissibility.
Ex Parte Proceeding - The legal procedure in which only one side is present or represented. It differs from the adversary system or adversary proceeding, and is only lawful in limited circumstances such as a hearing for a temporary restraining order,
Principal - The person primarily liable; the person for whom performance of a certain obligation a surety has become bound.
Property Bond - A signature bond secured by a mortgage or some real property.
Pro Se - In one's own behalf, usually used to refer to a individual representing himself or herself in a court action, instead of being represented by an lawyer.
P>Severance - Separation of offenses or defendants into different trials.
Show Cause Order - Court order requiring a person to appear before the judge to show why some action should not be taken.
Closing Argument - Closing statement, an attorney for either side, to the judge or jury after all parties have concluded their presentation of evidence.
Codicil - Supplement to a will dog bite attorneys in maryland.
Secured Debt - Debt secured by the right of the creditor to repossess property used as collateral. dog bite attorneys in maryland
Calendaring - Assigning and scheduling of court appearances on a calendar.
Capital Crime - Crime punishable by death.
Rest – To conclude a case.
Restitution –Financial reimbursement to the victim of a crime.
Civil Procedure - Certain rules by which a civil case is tried.
Class Action - A lawsuit brought by one or more persons on behalf of a larger group.
Clear and Convincing Evidence - This is the standard of proof governing the amount of proof that may be offered in order for the plaintiff to win the case, quantified as approximately seventy per cent certainty, thus exceeding the fifty one per cent preponderance of the evidence.
Clemency - Act of mercy by the executive branch of government to ease a criminal sentence.
Rules of Evidence – Rules governing whether evidence in civil or criminal case is admissible into the record.
Satisfaction of Judgment – Payment of all monies determined to be owed pursuant to a court judgment.
Seal - The Clerk of Court symbol of authenticity.
Caption - Heading on a legal document listing the the count, parties, the case number, and related information.
Case Law - Law established by previous opinions of appellate courts.
Cause - Lawsuit, litigation, or action. Any question, civil or criminal, litigated or contested before a court of justice. dog bite attorneys in maryland
Caveat – Warning.
dog bite injuries children children are especially apt to be bitten by dogs
dog bite lawsuit a dog bite ordinarily results from a breach of duty and may give rise to a lawsuit.
dog bite injuries by breed different breeds have different reactions to stress. Pit bulls and Rottweilers, for instance, are especially likely to bite.
hospitalizations for dog bite injuries the dog's owner will ordinarily be responsible for hospital bills
dog bite attorney an attorney can help maximizze your recovery
dog bite prevention it is the animal's owner to prevent dog bites.
dog bite law suit a dog bite, like any other tort, is compensible
dog bite settlement a dog bite lawsuit may be settled out of court
Can you sue for dog bite? you can sue for a dog bite
dog bite injury a dog bite injury may be grounds for a lawsuit.
what if my dog bites someone If your dog bites someone and you are sued, you should immediately retain counsel
lawyers for dog bites lawyers for dog bites may be found on the internet
dog bite personal injury claim a dog bite may give rise to a claim for damages, including punitive damages
Should I report a dog bite to the police you should report a dog bite to the police
dog bite case law there is a considerable body of case law dealing with dog bites
My dog bit someone. What do I do if my dog has bitten someone? You should seek legal advice.
Certified Copy - Copy of a document with a certificate by the officer who has custody of the original attesting to
Collateral Estoppel – Rule that bars retrial between the same parties of a particular issue fact when there is a prior judgment.
Exclusionary Rule - The rule preventing illegally obtained evidence, such as property found during an illegal search, from being used in any trial.
Fraud - Intentional deception to deprive another person of property or to injure that person in some way,
Tax Court of the United States - A judicial body which hears cases concerning federal tax issues
Proximate Cause - The act that caused an event to occur. A person generally is liable only if an injury was proximately caused by his her action or by his her failure to act when he she had a duty to act, ,.
Execute - To complete the legal requirements such as signing before witnesses that make a will valid. Also, to execute a judgment or decree means to put the final judgment of the court into effect.
Personal Jurisdiction - Power which a court has over the defendant's person and which a court must have before it can enter a judgment affecting the defendant's rights.
Personal Property - Tangible physical property such as cars, clothing, furniture and jewelry and intangible personal property such as bank accounts . This does not include real property such as land or rights in land, , ,
Interpleader – An action in which a third person asks the Court to determine certain rights of others to property held—but not owned—by the third person.
Title - Legal ownership of property, usually real property or automobiles
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