Dog Bite Liability in Montgomery

A dog’s jaws are powerful weapons that exert a high bite force. Dog bite wounds can be deep and crushing, and they may tear vulnerable skin and require extensive medical follow-up. These wounds routinely become infected if not treated properly.

But is the dog’s owner always responsible for covering your losses, such as medical bills, lost wages while you cannot work, and the emotional angst, pain, and suffering you endure? Alabama statutes make proving dog bite liability in Montgomery tricky and specific. If you are wondering if you have a case, contact our dog bite attorney at the Law Office of Dwayne L. Brown to schedule a free case assessment.

When are Dog Owners Liable if Their Dog Bites You?

Alabama follows a limited strict liability rule that is conditional on three requirements before it can be invoked, according to Alabama Code § 3-6-1. Strict liability means the dog does not need to have bitten someone once before the current attack. The three requirements include: 

• The person injured must not have provoked the dog and was attacked in a place they have a right to be
• The dog owner must be the person who owns or controls the property where the bite occurred
• The person attacked must have been on the dog owner’s property immediately before the attack, and the dog chased them off and bit them

Lawful presence on the property includes people invited to visit, but also mail carriers, utility workers, and delivery drivers. To learn whether a dog owner is responsible for your injuries, talk to a dog bite liability attorney in Montgomery.

Alabama’s Pure Contributory Negligence Rule

If someone provokes a dog to attack by taunting or upsetting it, the owner’s lawyer will quickly use this to weaken a claim under Alabama’s pure contributory negligence act. Most states follow a modified version in which the injured party can be up to 50 percent responsible for the accident, with compensation reduced by the percentage of fault assigned to the injured party. 

In Alabama, if you bear even one percent of fault, your claim will be denied. This makes Alabama one of the most defense-friendly states in the country. A great first step after a dog bite is to connect with an experienced Montgomery attorney to help establish liability and build a strong case against contributory negligence. Contact Dwayne L. Brown, who has been winning cases like yours for 31 years.

Negligence vs. Dog Bite Statutes

If your attack falls outside the state’s dog bite statutes, you may be able to rely on negligence as the basis of your claim, although there is a higher duty of proof. For instance, if the dog leaves the owner’s property and travels three blocks before attacking you, the dog bite statute will not protect you, but negligence laws will. 

Your attorney will collect evidence that shows how the dog owner breached his duty to you by failing to stop their dog from leaving their property to attack you. By allowing the dog access to you, causing your injuries, negligence involving dog attack liability in Montgomery can be established.

Contact a Montgomery Attorney for Help Establishing Liability in Your Dog Bite Claim

Establishing dog bite liability in Montgomery requires skilled advocacy by a compassionate guide. At the Law Office of Dwayne L. Brown, you will find both, and because we are client-focused, you can contact us at any stage of the case. You will always have direct access to your paralegal, and Attorney Brown gives you the ability to call or text him for updates at any stage of your case. Call now for a free consultation. We work on a contingency fee basis, so you owe us nothing unless we win your case.