Monday, March 21, 2016

Finding Fault When A Dog Bites In Idaho

It happens all the time, people traverse their daily routine only to find themselves in a tricky situation. For instance, in Idaho, a person could be bitten by a dog. Who is responsible for this? In the state who is liable for the injury that could be sustained by an individual that is bitten by a dog?

There is no federal law in regards to this which means the defining elements have to be within the state’s rights. Arguing this option requires a bit of information as to the nature of the issue but to define this in a simple manner it falls under the jurisdiction of the local courts. In other states the dog owners are completely liable. However Idaho doesn’t fall into the same framework as other states unfortunately.

The state supreme court in Idaho actually put on the books a simple rule of thumb that is going to illustrate the answer here. The owner of a domesticated pet is liable if they know that their pet has a vicious streak and can be dangerous.

Proving The Case 

This may seem confusion at first glance but it’s actually easy to understand when you break down a few things. Consider the notion of proving a case in this regards. A dog has bitten a man and they take the owner to court. The court has to see documentation that the dog has had previous incidents or acts that are on record. You cannot just say the dog’s breed is vicious nor can you just say that the dog was vicious without proof that there are other issues at play.

Modified Comparative Negligence

To make this a bit difficult in legal terms the state of Idaho has this law in place. Negligence in this case focuses on whether or not the victim in question provoked the animal. If they did there is no case and the owner is not liable. This becomes a difficult matter to navigate alone.

At the end of the day it’s best to consult a lawyer to fully grasp what can be done in Idaho if a dog bites you. Otherwise you’ll have to navigate the tricky letter of the law and hope for the best.

Orange County Personal Injury Attorney

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