Litigating Dog Bite Claims: Pursuing or Defending Personal Injury Cases Against Dog Owners and Custodians

Assessing Claims, Investigating the Dog, Leveraging Defenses, Dealing With Minor Victims, Negotiating Insurance Settlements

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, June 8, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to personal injury counsel for pursuing or defending against claims over injuries caused by dog bites and attacks. The panel will discuss effective strategies for assessing claims and potential defendants, investigating the attacking dog, proving strict liability or negligence, establishing causation, raising defenses, dealing with special issues when victims are minors, negotiating potential settlements with or on behalf of insurance companies, and more.

Description

Dog bite claims surged in 2016, accounting for more than one-third of all homeowners liability claims. Higher medical costs and larger verdicts and settlements have pushed the average cost per claim up by more than 70% over the past decade.

Pursuing personal injury claims on behalf of dog bite victims presents unique challenges for plaintiff counsel. In addition to understanding the laws of their state governing dog bites—i.e., strict liability, the “one free bite” rule, or proof of negligence—counsel must be familiar with factors that influence aggressive behavior in dogs. This will often require consultation with veterinarians, animal control officers or other animal experts.

Defense attorneys must be prepared to leverage common defenses to dog bite allegations and strategically negotiate settlement agreements on behalf of insurers.

Because children are frequently victims of dog bites, both plaintiff and defense counsel must be prepared to confront concerns about the legal and ethical treatment of minor victims and traumatized parents. Further, dog bite cases often involve friends, family members and neighbors as both victims and defendants, creating additional practical considerations and complexities.

Listen as our panel of experienced personal injury attorneys—both plaintiff and defense—examines the unique legal and practical challenges involved with handling dog bite and attack claims. The panel will discuss strategies for pursuing or defending against dog bite cases, as well as how to approach settlement negotiations with insurance companies.

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Outline

  1. Recent trends in dog bite and attack claims
  2. Plaintiffs’ strategies
    1. Assessing claims and potential defendants
    2. Potential causes of action
    3. Investigating the attacking dog
    4. Gathering medical bills and other documentation of injury
    5. Working with veterinarians, animal behaviorists, animal control officers and other experts
    6. Proving negligence
    7. Proving causation
    8. Deposition strategies
    9. Summary judgment strategies
  3. Defense strategies
    1. Common defenses
    2. Deposition strategies
    3. Summary judgment strategies
  4. Special considerations when victim is a minor
  5. Insurance settlement negotiations

Benefits

The panel will review these and other key issues:

  • What makes dog bite and attack cases unique and challenging for personal injury plaintiff and defense counsel?
  • What are the legal and practical considerations for personal injury attorneys pursuing dog bite claims?
  • What defenses are often raised in dog bite cases?
  • What are some best practices for negotiating settlements with or on behalf of insurance companies in dog bite cases?

Faculty

Michael Kaiser
Michael Kaiser
President
Kaiser Legal Group

Mr. Kaiser is a regular speaker at CLE seminars and law schools on topics including animal law, ethics, alternative...  |  Read More

David M. Zagoria
David M. Zagoria

Partner
Zagoria Law

Mr. Zagoria has been practicing law for more than 20 years, serving as a Chief Senior Assistant District...  |  Read More

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