In 2019, the Insurance Information Institute stated that approximately 18,000 claims for dog bites had been filed nationwide. However, this is only a small percentage of the estimated 4.5 million individuals bitten by dogs yearly. Many of these incidents occur due to the owner’s negligence. Dog bite victims will often suffer from serious injuries that can inflict financial and emotional damage to them. Fortunately, they can seek compensation for their damages from the negligent dog owner. With the help of an Idaho dog bite lawyer, victims can rest easy that the owner cannot escape liability.
Our Idaho dog bite lawyers have been helping dog bite injury victims recover compensation for their injuries for decades now. If you or your family member has been injured in a dog bite attack in Idaho, contact Parker & McConkie for legal help. Call us at (385) 220-0383 to schedule a free consultation so we can review your case.
Table of Contents
Parker & McConkie law firm is dedicated to helping victims in dog bite cases. We can thoroughly investigate your dog bite claim, help you build a solid case, and pursue the potential maximum compensation based on your damages.
When you are injured in a dog bite attack, your life may turn upside down. It is an awful thing to experience. But, you don’t have to be alone in this challenging time of your life. The Idaho dog bite attorneys at Parker and McConkie are here for you and want to help you get the justice you deserve.
It is essential to remember that, while our dogs are great for outdoor adventures and indoor snuggles, they are still animals who can bite in some situations if threatened. Dog bite injuries are increasing in Idaho, especially among toddlers or boys around 5-17 years old. Most years, about 20 people got hospitalized for dog bites. However, 46 people got hospitalized due to dog bites in 2020.
In the past four years, dog bite attacks have caused more than 40 partial or complete amputations, 165 fractures, and ten detached ear lobes or lips. Most dog bites can carry a risk of fatal infection, such as rabies, which needs immediate medical attention.
Sections 25-2809 to 25-2812 of the Idaho code set a statewide guideline for dog-related statutes, though local governments are allowed to pass stricter regulations. Idaho Code §25-2810 makes it a misdemeanor to own an at-risk or dangerous dog without abiding by several requirements:
• Microchipping or tattooing the dog
• Securing the dog when it is outside
• Keeping the dog muzzled and leashed in public places
• Registering the dog with local authorities
• Putting a sign near the property warning of a dangerous animal
In Idaho, an at-risk dog is defined as one that has bitten a person “without justified provocation” without causing severe injuries. On the other hand, a dangerous dog has bitten a person causing serious injuries, or has previously been deemed at-risk and bitten a second person. Owners of at-risk or dangerous dogs who have complied with restrictions and whose dogs do not engage in violent behavior for two years can have their classification removed.
Idaho is not a one-bite state. Idaho code section 25-2810(11) makes it clear that an unjustified dog attack is the owner’s responsibility, regardless of the dog’s history.
In a personal injury case, the victim should establish negligence to be eligible to recover compensation. The victim must establish the following:
Since Idaho is a one-bite state, which means that if the owner knew that the dog was dangerous and had at least one record of attack in the past, regardless of whether the dog was dangerous, the owner is still responsible if they failed to practice reasonable animal control.
Idaho Code section 6-801 specifies that Idaho follows the “comparative negligence” system, which means that the damages you can recover will be reduced by your degree of fault in the accident. So, if the court finds that you were 30 percent at fault, your compensation will be reduced by 30 percent.
In this case, it is ideal to consult with an experienced dog bite lawyer who can assist you in demonstrating that you were not partially at fault for the dog bite.
Idaho has no limit on economic damages. Examples of economic damages are medical expenses and lost wages due to the dog bite. But, non-economic damages are capped at $250,000 per Idaho Code §6-1603. Examples of economic damages are pain and suffering and mental distress, except in situations involving deliberate misbehavior or proven felonies, and adjusted the cap each year for inflation. According to the Idaho Industrial Commission, it was raised to $386,622 in 2020.
Idaho also caps punitive damages at more than $250,000 or 3x the amount of economic and non-economic damages. These damages are intended to penalize defendants who acted maliciously. Meanwhile, in Idaho Code section 6-807, judges have the authority to adjust damage awards if they believe them improper.
According to Idaho Code section 5-219, victims only have two years from the date of the dog bite to file a suit.
An aggressive dog is strong and can easily pierce its victim’s skin and sink its teeth deep into the victim’s body, resulting in severe injuries. Here are some examples of the most common injuries in a dog bite victim:
• Loss of blood
• Broken bones
• Puncture wounds
• Torn ligaments
• Eye injuries
• Face injuries
• Emotional scars
• Head and neck injuries
Suppose you prove that the owner’s negligence caused your dog bite injuries. In that case, the law allows you to recover certain damages. The owners are potentially responsible for giving you money to pay for your financial losses and suffering. The following are the types of recoverable damages available for a dog bite victim:
• Diminished quality of life
• Pain and suffering
• Medical bills
• Loss of companionship and love
• Loss of income and earning potential
• Scarring and disfigurement
• Loss of household services
Contact our experienced and knowledgeable Idaho dog bite lawyer to help you obtain compensation for your damages and other losses.
Dog owners have a duty of care and responsibility to control their pets’ behavior. Where several owners might allow their pets to run free and do not keep them adequately restrained when outdoor. If these animals have caused an injury to an individual, the owner is directly responsible.
The owners must provide settlements for all the injuries caused by their dog from biting, being forced to run to escape an attack, and being knocked down. Even though the dog has no history of attacking or biting another person, victims can still pursue a lawsuit against the dog owner.
In a dog bite case, the common defenses dog owners use include:
• The victim was committing a crime on the property where the dog lives.
• The canine was defending a person who was being assaulted.
• The dog was protecting its puppies.
• The victim was interrupting the dog as it was in training or working.
• The canine was a service animal protecting its owner.
• The victim was trying to break up a fight between two dogs.
In some dog bite cases, it could be hard to prove that the owner is to blame for your injuries. Your Idaho dog bite injury lawyer must be able to counter these defenses and demonstrate that the owner’s negligence led to your injuries.
Suppose a dangerous dog has injured you or your child. It is essential to know the dog bite law in Idaho as well as follow the steps you need to do after a dog bite attack:
1. Wash the wound immediately with soap and water, apply antibiotic cream if necessary, and wrap it with a clean bandage.
2. Seek medical attention to prevent the progression of the injuries.
3. Report the incident to the police. The responding officer will decide whether to call animal control, and a crime has occurred.
4. Take a photo or document your dog bite injury incident. Gather any possible information about the dog’s owner and if the dog is up-to-date on its vaccines.
5. Contact an experienced Idaho dog bite attorney to handle your case.
We at Parker and McConkie have represented injured victims to obtain fair compensation from insurance companies and those at-fault parties. We can step into your shoes and immediately take a lot of your plate. We do not stop until you have been fairly compensated for everything you have been through.
For the past 44 years, Parcker and McConkie personal injury lawyers have protected and represented injured individuals to acquire fair compensation and justice. The following are the reasons why you should choose Parker and McConkie to handle your Idaho dog bite claim:
• We offer 5-star service to our clients.
• We offer a free initial consultation.
• We are available 24/7.
• We are very passionate about pursuing justice on behalf of injury victims.
• We will speak and negotiate with insurance companies.
• We will propose a course of action tailored to your unique circumstances.
• We will get you medical assistance and take care of everything.
• We will make an effort to achieve a favorable outcome in your situation.
• We will be there for you during the entire settlement process.
• We will also represent you in court if necessary.
When an unexpected accident happens, you can feel overwhelmed and alone. Our Idaho dog bite lawyers will remove as much stress as possible from your life so you can focus on healing. We’ll not stop until you’ve been fairly paid for all that’s owed to you.
There is no exact amount for dog bite compensation or the amount that may be paid out in a dog bite lawsuit. The worth of your case depends on the severity of your injuries and the amount of economic and non-economic damages incurred.
In Idaho, you have two years from your dog bite accident date to bring a dog bite injury claim. Any dog bite claims filed beyond the statute of limitations are less likely to be seen by a court, so take action before it’s too late.
Idaho follows a “pure” comparative negligence rule. This rule allows a partially at-fault plaintiff to recover compensation for the injury. But, their compensation will be reduced by the degree of their shared fault. This is true even if the victim was mostly to blame.
Even if the dog bite owner does not have insurance, they are still accountable for any damages caused by their dog. In most dog bite cases in Idaho, the insurance that applies is homeowner’s insurance.
It is essential to file a report with the local police department or animal control authorities about your dog bite incident. These authorities can not only check that the dog was vaccinated correctly, but they can also keep track of the dog to see if any more attacks occur.
Idaho’s dog bite law creates liability for anyone harboring or handling the dog. So anyone who is taking the dog for a walk can be held liable for the damages.
Our proficient Idaho personal injury attorneys can assess these facts, and we’d be pleased to assist you in doing so if you hire us.
If you have been injured in a dog bite attack in Idaho, hire an experienced Idaho dog bite lawyer at Parker & McConkie to protect your rights. Our personal injury attorneys will be guiding and helping you throughout the process so you can get the total and fair settlement you deserve.
With 44 years of experience in the field of personal injury law, our Idaho dog attack lawyer knows what it takes to achieve a favorable outcome. We offer free case evaluation and work on a contingency fee basis, so you only have to pay us if we recover your compensation. Give us a call at (385) 220-0383, so we can evaluate your case.
Call 801-845-0440 to get in touch with a member of our firm after your accident. We can review your case for free!