When a dog bites or attacks someone, it can be a traumatic experience for the victim and their loved ones. In Idaho, dog bite laws are in place to protect the rights of those who are injured by a dog.
Table of Contents
Strict Liability in Idaho
Idaho is a strict liability state when it comes to dog bites, meaning that the owner of the dog is responsible for any damages caused by the animal. In other words, the victim does not need to prove that the owner was negligent in allowing the attack to happen – simply owning the dog is enough to establish liability.
There are, however, a few exceptions to this rule. If the victim was trespassing on the owner’s property at the time of the attack, or if they provoked the dog in some way, the owner may not be held liable.
Time Limitations for Filing a Lawsuit
In Idaho, there is a time limit for filing a lawsuit related to a dog bite. The statute of limitations gives the victim two years from the date of the attack to file a lawsuit. It’s important to note that this time limit applies regardless of whether or not the victim was a minor at the time of the attack.
Defenses for Dog Owners
While strict liability means that dog owners are responsible for damages caused by their pets, they do have a few defenses under Idaho law. For example, if the dog was provoked, the owner may argue that the victim was at least partially responsible for the attack. Additionally, the owner may argue that they had no reason to believe that their dog would be aggressive or had never displayed aggressive behavior in the past.
Potentially Dangerous Dogs
If a dog has bitten someone or has a known history of aggression, it may be considered a "potentially dangerous dog" under Idaho law. Owners of potentially dangerous dogs are required to take certain precautions to prevent future attacks, such as keeping the dog securely confined or muzzled in public. Additionally, owners of such dogs may be required to obtain liability insurance to cover damages that might result from future attacks.
Compensation for Victims
If a victim of a dog bite seeks compensation for their damages, they may be able to recover damages for medical bills, lost wages, pain and suffering, and any other losses that resulted from the attack. If the dog owner was particularly negligent, the victim may also be able to recover punitive damages, which are intended to punish the owner for their actions.
Conclusion
Dog bites can cause serious injuries, and it’s important for victims to understand their rights under Idaho law. If you or someone you know has been injured by a dog, it may be possible to recover compensation for your damages. Contact a personal injury attorney to discuss your case and learn more about your legal options.