Rhode Island Personal Injury Lawyer
by Slepkow Law

It is, unfortunately, becoming more common to hear of people who were attacked by vicious dogs in Rhode Island. Dog bites can cause serious injury or even death. Over 30 deaths occurred due to dog bites in 2010. Those who survive will often face steep medical bills and emotional trauma. Many people will have a hard time paying for their medical bills.

Rhode-Island-dog-bite-lawyer

RI dog bite lawyer

Dog owners are responsible in this situation. They are responsible for keeping their animals from attacking innocent people. It’s important for dog owners to ensure that their pets do not harm others. If they do not take proper precautions, tragedy can result.

“According to the CDC, more than 4.7 million dog-bite incidents occur in the United States every year. Of those 4.7 million attacks, 800,000 of these Americans will seek medical attention — half of these are children — and 386,000 of these Americans will need emergency medical treatment.”  Canine Journal 

Dog bite attorneys in RIBeing attacked by a dog in RI can cause more than just physical injuries. Dog attacks can leave a log lasting emotional effect on the victim.

Emotional Impact of dog attack

After being attacked by a dangerous dog, an individual’s sense of safety has been violated. They may feel fearful. Therefore, they may not feel comfortable go outside anymore. They can even become depressed. If the depression is not treated soon enough, it can get worse. When this happens, the depression can start to affect other areas of their life. The victim may have to seek out expensive treatment from a mental health professional to overcome these emotions.

Laceration

Lacerations are common  injuries when dogs attack. Lacerations range in severity. Some dog bites cause minor lacerations. However, some dog bites can cause major lacerations. This presents a dangerous situation. The dog bite victim is at risk of major blood loss and could go into shock. It is important that dog bite victims seek medical attention right away.

If they do not seek medical attention soon enough, serious injury or death could occur. Dog bite victims should go to the hospital even if they only suffered minor lacerations. They should get blood work done to make sure they did not pick up any diseases during the attack.

Emotional Impact

Being attacked by a dog in RI can cause more than just physical injuries. Dog attacks can leave a log lasting emotional effect on the victim. After being attacked by a dangerous dog, an individual’s sense of safety has been violated. They may feel fearful. Therefore, they may not feel comfortable go outside anymore. They can even become depressed. If the depression is not treated soon enough, it can get worse. When this happens, the depression can start to affect other areas of their life. The victim may have to seek out expensive treatment from a mental health professional to overcome these emotions.

Recourse

Being bit by a dog can be a very traumatic event. If the victim survives, they may be faced with long lasting physical and emotional injuries. Some dog bite victims are left with permanent injuries. Fortunately, they do not have to suffer alone. A qualified legal team of Rhode Island dog bite lawyers can help. Most jurisdictions have passed laws to protect the public from dangerous animals. Victims of dog bites in Rhode Island may be entitled to compensation that will cover the cost of the damages.

Dogs dangerous propensity

In Rhode Island, if a dog CAUSES an injury to a person outside of the dogs enclosure then the the owner of the dog is strictly liable. Negligence is not required on the part of the owner! There is no requirement that the owner knew of the dogs dangerous propensity. A dog does not get one free bite outside of its enclosure.

A dog bite or dog attack is not even required to get compensation! 

It is enough if the dog causes an injury even if there is no bite or attack. For example, if a playful dog runs up to an elderly man on the street or sidewalk outside of an enclosure and  knocks him over causing a fractured leg then the owner is strictly  responsible for damages in Rhode Island. Of course there is also strict liability for  a dog bite in Rhode Island outside of the dog’s enclosure. The RI Dog Statute statute says that a dog must “otherwise injure” someone. Therefore if a dog knocks over a person outside of  an enclosure,  even playfully, and causes the person to hit their head and die then the owner is liable for wrongful death.

Victim of a dog bite in RI?

If you’ve been a victim of a dog bite in RI, you should hire a Rhode Island dog bite injury attorney to seek justice and compensation in your case. Dogs are supposed to be domesticated and usually they are quite gentle with humans. When a dog attacks in Providence or surrounding towns, these vicious attacks are usually directly related to the way in which they were raised by the owner.

RI dog bite

Every year there are thousands of cases of pet attacks around the US and hundreds in RI, and most of them result in legal and medical fees. Every state has its own rules and policies regarding ownership and care for the dogs. They are implemented by the animal control units and police officers.

Liability for dogs outside of enclosure

The Rhode Island Supreme Court stated “Strict liability attaches for any injury occurring outside the dog’s enclosure.”  “Therefore, the dog-bite statute imposes strict liability in any circumstance wherein the dog is outside of its owner’s enclosure.” Johnston v. Poulin, 844 A.2d 707 (Rhode Isl. Sup. Ct., 2004). see also: § 4-13-16  Action for damages to animals – Double damages on second recovery – Destruction of offending dog. http://webserver.rilin.state.ri.us/Statutes/title4/4-13/4-13-16.HTM

Consulting a dog bite attorney in Rhode Island

If you’ve been bitten by a dog in the Ocean State, you should immediately consult a dog bite attorney to find out all about your options regarding justice and compensation. It is important to establish that the owner of the dog was indeed responsible for its actions. In some states, its important for victim to prove that owner of the dog also has something to do with the biting.

It is important to establish who is the owner of the animal before any case can be filed. Cases cannot be filed for stray dogs as they are without any owner. However, you can file a case against the authorities as they are responsible for capturing and controlling stray dogs. In most of the areas, authorities are quite active in controlling and managing stray dogs and immediately respond to any request for controlling stray dogs from the areas under their control.

Rhode Island dog bite attorney

Some pet owners have insurance cover regarding canine attacks and injuries. However, in many cases people are not able to claim these policies due to the specific scenarios prescribed by the insurance companies. A dog bite Injury Lawyer can help you get the justice and compensation for the trauma and injuries that you have experienced due to the dog attack. In some cases, it may be necessary to put down the animal due to several accounts of injuring kids and people. In such cases, a attorney will help in establishing several facts of your case and will help you in getting the requisite compensation that can cover your loss of work, therapy and medical bills.

If you were injured by a dog or other animal then contact a Rhode Island dog bite attorney. Contact David Slepkow for a case evaluation for any dog bite or related injury at 401-437-1100, or complete our contact form now.

Contact a RI dog bite lawyer

In Johnston v. Poulin, the Rhode Island Supreme Court  sitting in Providence RI stated, “It is clear that if the Legislature intends to, it is able directly to impose liability on an animal owner whenever a person is injured outside the animal’s enclosure. It has been established that “the clause `while traveling on the highway or out of the enclosure of the owner or keeper of such dog’ modifies the word `person’ and not the word `dog.'” Wilbur v. Gross, 55 R.I. 473, 478, 182 A. 597, 599 (1936). Therefore, the dog-bite statute imposes strict liability in any circumstance wherein the dog is outside of its owner’s enclosure. The plaintiff asks us to interpret the statute at issue to obtain the same result as the dog-bite statute, even though the language does not provide support for this interpretation. The strict liability of the dog-bite statute is predicated on the location of the dog at the time of injury. ” Phillip JOHNSTON v. John POULIN et al. 844 A.2d 707 (2004) 

Read the RI dog Liability Law here:  § 4-13-16  Action for damages to animals – Double damages on second recovery – Destruction of offending dog

– If any dog kills, wounds, worries, or assists in killing, wounding or worrying, any sheep, lamb, cattle, horse, hog, swine, fowl, or other domestic animal belonging to or in the possession of any person, or assaults, bites, or otherwise injures any person while traveling the highway or out of the enclosure of the owner or keeper of that dog, the owner or keeper of the dog shall be liable to the person aggrieved, for all damage sustained, to be recovered in a civil action, with costs of suit. If afterwards any such damage is done by that dog, the owner or keeper of the dog shall pay to the party aggrieved double the damage, to be recovered in the manner set forth and an order shall be made by the court before whom that second recovery is made, for killing the dog. The order shall be executed by the officer charged with the execution of the order, and it shall not be necessary, in order to sustain this action, to prove that the owner or keeper of the dog knew that the dog was accustomed to causing this damage.  Statute

Definition of Enclosure and Liability for Dog Bites inside enclosure

The top Court in RI stated: “Under the common law a person could recover damages from a dog bite only if that person could prove that the owner was aware of the dog’s dangerous propensities * * *.” Ferrara v. Marra, 823 A.2d 1134, 1137 (R.I.2003). In 1889 (P.L. 1889, ch. 749, § 1), however, the Legislature enacted a statute, now embodied in G.L.1956 § 4-13-16, that imposes strict liability in circumstances in which “any dog kills, wounds, worries, * * * assaults, bites, or otherwise injures any person while traveling the highway or out of the enclosure of the owner or keeper of that dog * * *.” (Emphasis added.)See Johnston v. Poulin, 844 A.2d 707, 713 (R.I. 2004)Ferrara, 823 A.2d at 1137;Montiero, 813 A.2d at 981Kelly v. Alderson, 19 R.I. 544, 544-45, 37 A. 12, 12 (1896). This 380*380 Court has interpreted the term “enclosure” to mean “a fence, physical obstruction or any other condition that gives reasonable notice to third parties that the area is private.” Montiero, 813 A.2d at 981see also Butti v. Rossi,617 A.2d 881, 882 (R.I.1992). If injuries are suffered within an owner’s enclosed area, the strict-liability statute does not apply, but rather the common law continues to apply and dictates that the plaintiff first must prove that the defendant knew about the dog’s vicious propensities, a scienter requirement commonly referred to as the “one-bite rule.” See Montiero, 813 A.2d at 981. Barry E. DuBOIS et al. v Frederick QUILITZSCH et al, 21 A.3d 375 (2011) 

Statistics

The cdc reports: “In 2001, an estimated 368,245 persons were treated for dog bite–related injuries (rate: 129.3 per 100,000 population) (Table). The injury rate was highest for children aged 5–9 years and decreased with increasing age. Approximately 154,625 (42.0%) dog bites occurred among children aged <14 years; the rate was significantly higher for boys (293.2 per 100,000 population) than for girls (216.7) (p = 0.037) (Figure 1). For persons aged >15 years, the difference between the rate for males (102.9) and females (88.0) was not statistically significant. The number of cases increased slightly during April–September, with a peak in July (11.1%). For injured persons of all ages, approximately 16,526 (4.5%) dog bite injuries were work-related (e.g., occurred to persons who were delivering mail, packages, or food; working at an animal clinic or shelter; or doing home repair work or installations). For persons aged >16 years, approximately 16,476 (7.9%) dog bite injuries were work-related.” CDC 

If you were injured by a dog bite, dog attack or dog caused injury, please contact a Rhode Island dog bite attorney or a RI personal injury lawyer. If you were injured as a result of a dog bite, dog attack or other injury in Rhode Island and Providence Plantations caused by a dog, please contact a Rhode Island dog bite attorney or a Providence dog attack Lawyer.

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