You were hurt when a dog bit you. The owner should pay for your medical bills, right? It’s not always that simple.
Many owners and their insurance companies will retain legal counsel to help defend against such claims. It’s important to be ready to respond no matter which type of defense they have. Here, we share some examples of common defenses insurance companies will use to avoid paying dog bite claims.
You Were Trespassing
The insurance company may claim you were trespassing on their property. Nebraska law states that if you are trespassing, and the dog was just protecting its property, you may not win claims against the owner. If you have a reasonable business reason for being on the property, this changes. That includes checking the water meter or delivering a parcel.
The Dog Was Acting Playful
It’s hard to prove one way or another if the dog was being playful in its actions. Yet, this is a common defense. Nebraska law limits your ability to receive compensation if the damages were due to the dog being playful or mischievous.
The One-Bite Rule Should Apply
The one-bite rule equates to a dog getting “one free bite” meaning the owner isn’t liable if they did not know the dog had a tendency to hurt others. If the dog is known as an aggressive breed or otherwise is deemed dangerous, the one-bite rule does not apply.
The Statute of Limitations Has Expired
Victims have four years from the date of the dog bite injury to file a claim or lawsuit for the losses they’ve suffered. If it has been more than four years, the owner may claim you’ve waited too long.
Get Help Today
The sooner you act to get help after a dog bite, the better. Working with a Nebraska premises liability attorney is the best way to safeguard your rights to a claim. Learn more about your options when you contact the Law Office of Matthew A. Lathrop, PC, LLO. Schedule a free consultation for more information.