Holding Negligent Pet Owners Responsible for Dog Bites and Animal Attacks
The early morning jogger, the elderly couple taking a walk in the evening, the child walking home from school or playing in the yard, the delivery person coming to the door — these are the people most at risk for dog bites and animal attacks.
In New Mexico, there are two grounds for holding a dog owner or handler financially liable for injury from a dog or other animal:
- The owner or handler knew or should have known that the dog had a tendency to be vicious toward humans or had bitten before.
- The dog owner did not take effective steps to control the animal in a situation where one might reasonably expect that injury could occur (even if the dog had not previously bitten anyone). This includes owners of dogs identified by New Mexico law as "dangerous breeds."
It's not unusual to hear neighbors say, after the ambulance pulls away: "That dog bit my son before," or "That dog has been a problem in this neighborhood for years." Even if the dog owner won't admit to the problem, the neighbors will. That's when the investigative skills of a lawyer come into play.
Get a Former Insurance Attorney on Your Side,
Contact the Pofahl Law Firm
I am personal injury attorney Brady Pofahl. At my Albuquerque law office I help the adult and child victims of dog bites in Bernalillo County and across New Mexico. I understand New Mexico dog liability law and have helped other victims achieve the financial recovery they needed to pay for surgery and medical bills, psychological help and other expenses after a dog mauling.
Dog bites can cause extremely serious injuries, especially for children who are often bitten in the neck and face. Puncture wounds can become infected, causing poor healing. Lacerations can cause nerve damage, pronounced scarring and lifelong disfigurement. Victims often suffer post-traumatic stress and a deep fear of animals after an attack, which can be life-changing.
The victims of dog attacks deserve compensation. That compensation generally comes from the homeowners' insurance policy carried by the dog owner. As your attorney, I will investigate this and any other sources of compensation for you.
Bernalillo County Pit Bull Attack Lawsuit
New Mexico is generally a "one-bite" state — meaning, if the dog has never bitten or acted aggressive to anyone before, the owner would not be expected to have knowledge that the dog was dangerous and so may not be held liable. In other words, most dogs get one "free bite".
However, New Mexico does have a dangerous dog breed law. If you own a dog from a known dangerous breed, such as a pit bull, a Doberman, or a Rottweiler — any dog whose breed has a known propensity to bite humans — the dog and its owner do not get a "free" bite. The owner can be held financially liable the very first time the dog bites someone.
What if the Dog Was Provoked?
Provocation is a valid defense that a dog owner, or owner's insurance company, may use. If the injured person knew the dog could be dangerous and yet engaged in acts that provoked the dog or put him or herself in harm's way, the dog owner may not be liable.
Provocation is often a disputed question when children suffer dog bites. Did the child understand that the dog could be dangerous? Did the child hit or taunt the dog? The age and intellectual capacity of the child to understand his or her actions are factors in deciding if any actual provocation occurred.
Contact Me
As you can see, there are several factors that need to be investigated in a dog bite case. An investigation is needed to uncover the dog's past behavior, to identify if any insurance is available to satisfy a claim, and to understand who was accountable.
If you have a question about whether you have a potential dog bite injury claim, contact me for a free initial consultation. Located in uptown Albuquerque, my offices offer easy parking. Off-site and after-hours appointments are available.
