Dog bite liability laws in Arkansas are complex, making them easier to navigate with a lawyer. The complexity partly lies in the lack of a state standard.
While many states have dog bite statutes, Arkansas is one of four states without dog bite laws. However, many cities within the state operate under their locally voted dog bite liability laws. The state allows municipalities to decide city ordinances on specific dog rules and regulations.
If you or a loved one sustained severe or life-changing injuries due to a dog bite, speak with an Arkansas dog bite attorney to discuss your case. You may be entitled to recover financial compensation for your losses.
Arkansas Dog Bite Guide
- How Does Arkansas Define a Dangerous Dog?
- Who Is Liable for Dog Bite Damages in Arkansas?
- Criminal Liability Dog Bite Laws in Arkansas
- Exceptions to Dog Bite Liability Laws in Arkansas
- Common Injuries Compensated for in Dog Bite Accident Claims
- What to Do After a Dog Bite Attack
- Compensation Victims Can Seek in a Dog Bite Accident Claim
- How an Attorney Can Help Navigate Dog Bite Liability Laws in Arkansas
- Call a Skilled Arkansas Dog Bite Lawyer Today
How Does Arkansas Define a Dangerous Dog?
Arkansas defines a dangerous dog as any dog that, without justification, attacks a person or domestic animal, resulting in physical injuries or death —or behaves in a way that a reasonable person would believe poses an impending risk of severe injury or death to humans or other animals.
In Arkansas, a dog’s breed is not considered when determining whether or not it is dangerous; its behaviors and actions are.
Who Is Liable for Dog Bite Damages in Arkansas?
Even without statewide dog bite liability laws, Arkansas has strict liability and negligence laws. Negligence leads to liability, and knowledge of dangerous propensities leads to strict liability.
These laws hold dog owners at fault if their negligent actions are responsible for the bite—for example, not leashing their animal is negligence. However, if the dog owner knew the animal was predisposed to bite and didn’t leash it, it becomes a strict liability.
Criminal Liability Dog Bite Laws in Arkansas
Arkansas Code section 5-62-125 is a law addressing criminal penalties for dog owners allowing their dogs to attack, injure, or kill people. The law finds an unlawful dog attack is a Class A misdemeanor if the following criteria are met:
- The dog owner knows or has a reason to know the animal has a disposition to attack, cause injury, or endanger the safety of individuals without provocation.
- The owner negligently allows their dog to attack another person.
- The dog attack causes serious physical injury or wrongful death to the victim.
Criminal liability dog bite laws in Arkansas may cause a judge and jury to order a defendant to pay restitution to cover medical bills after an accident. However, you won’t receive compensation for pain and suffering damages without filing a dog bite accident claim with an attorney.
Criminal dog bite liability laws in Arkansas also mean possibly recovering punitive damages if the attack was particularly heinous —for example, if it was deliberate with the intent to injure or kill a person.
Exceptions to Dog Bite Liability Laws in Arkansas
There are a couple of exceptions to the strict liability laws in Arkansas, including:
- Trespassing: The owner is not liable if the victim was trespassing at the time of the dog attack and bite.
- Provocation: The owner is not liable if the victim intentionally provokes the dog by teasing or hurting it or its owner.
- Viable Warning: The owner is not liable if they warn the victim that the dog is dangerous and take necessary steps to keep it away from people. But they ignore the warnings and barriers in place, such as fences or kennels, resulting in the bite.
Arkansas is a comparative fault state that limits the damage amount a claimant can receive based on their percentage of fault in an accident. If a claimant is found to be 50 percent or more at fault for a dog bite or other accident, they cannot recover any financial compensation per the 50 percent bar rule with premises liability (dog bite) claims.
Common Injuries Compensated for in Dog Bite Accident Claims
Victims of dog bites suffer from injuries ranging from minor to debilitating. The more common dog bite injuries are:
- Puncture wounds with infection
- Nerve damage
- Eye injuries (reducing or losing vision)
- Rabies
- Broken bones
- Muscle and soft tissue damage
- Crush injuries
- Lacerations
If you have sustained severe or life-altering injuries due to the negligence of a dog owner, contact an attorney today. They are experienced in recovering compensation for your financial losses and pain and suffering.
What to Do After a Dog Bite Attack
Victims of dog bite attacks should take the necessary measures and precautions to ensure their health and safety. Then, they should call an attorney.
Be Evaluated By Medical Professionals Immediately
Regardless of how severe you believe an attack or injury to be, dog bite victims should always be seen by a doctor immediately. One of the most significant risks posed is infection. It may look like a minor puncture wound, but a medical professional may diagnose it differently. Dog bites also pose a severe risk of rabies exposure.
Document Dog Bite Attack and Injuries
Keep a journal or notebook documenting your dog bite attack, injuries, and recovery. This can be critical evidence demonstrating the severity of pain and suffering damages, such as psychological trauma, physical pain levels, and emotional distress. Keep detailed entries of any limitations you suffer from the dog bite attack. The more detailed, the better.
Contact an Attorney
Consult an attorney immediately after medical treatment and rest. The sooner you involve a legal professional with your case, the better your chance of focusing on medical needs and healing.
You do not have to take on the burden of learning the legal system and its process for handling dog bite accident claims and lawsuits. Let an experienced lawyer do that for you.
Compensation Victims Can Seek in a Dog Bite Accident Claim
Accident victims can seek compensation for bite-related damages, such as economic and non-economic losses. The amount of compensation a claimant receives varies depending on several factors, including the severity of injuries and medical treatment received.
Economic Damages
Economic damages encompass the monetary losses a dog bite victim suffers from the accident. These damages include medical treatments, rehabilitation services, disability needs, property damages, household services, and lost income.
- Medical Treatments: Medical costs —ambulance rides, emergency care, surgeries, hospitalizations, primary care, medical devices, rabies shots and immunizations, and pharmaceuticals.
- Therapy Damages: Mental health services —used to help process your emotions and psychological trauma after a dog bite, including traditional therapies like cognitive behavioral therapy (CBT) and alternative therapies, such as hypnotherapy.
- Rehabilitation Services: Rehab expenses —physical therapy, chiropractic care, vocational, occupational, and speech and language therapy. Alternative medicine, such as acupuncture and massage therapy, may also be claimed.
- Disability Needs: Transportation modifications like steering devices, seat belt adjustments, and hand controls, as well as home modifications like chair lifts, ramps, and accessible bathrooms.
- Property Damages: Damaged or destroyed glasses, shoes, clothing, bags, bicycles, scooters, skateboards, or any property being carried when attacked.
- Household Services: Hired assistance —cooking, housecleaning, laundry, grocery delivery, prescription delivery, childcare, or any other services needed to maintain daily tasks.
- Lost Income: Income losses —lost salary, lost benefits, inability to earn overtime, commissions, and bonuses, lost progress toward or opportunity to earn promotions, and diminished earning capacity.
Dog bite accident victims should keep receipts for all out-of-pocket expenses incurred from the attack. Travel costs to and from medical appointments may also be compensated.
Non-Economic Damages
Victims undergoing non-economic losses after a dog bite may be entitled to recover compensation for them. These damages include:
- Physical pain and psychological trauma occurring while being attacked
- Physical pain lingering after the dog bite
- Post-traumatic stress disorder (PTSD)
- Cynophobia (fear of dogs)
- Generalized anxiety
- Depression
- Decreased quality of life
- Scarring and disfigurement
- Embarrassment or humiliation
- Sleep disturbances (nightmares)
Non-economic mental health damages can be proven with medical records. However, others should be detailed in an injury journal. Details should include pain levels, psychological trauma, emotional distress, loss of activities and enjoyment in life.
Punitive Damages
Punitive damages are awarded in criminal cases or when the defendant’s actions are so horrific that they warrant punishment. Punitive damages are only awarded by a jury and judge and aren’t typical (though they occur) with dog bite accident claims.
Wrongful Death Damages
Spouses and family members, including children, parents, siblings, and distant relatives, may be eligible to recover compensation for wrongful death. Wrongful death damages include:
- Final arrangements —funeral services and burial or cremation
- Pain and suffering of dog bite accident victim before death
- Pain and suffering for surviving family members
- Loss of inheritance
- Loss of guidance
- Loss of financial support
- Loss of intimacy
- Loss of physical relations
- Loss of companionship
- Loss of assistance or service
Surviving victims of wrongful death shouldn’t take on the added stress of navigating a dog bite claim while grieving. Let an experienced dog bite lawyer help.
How an Attorney Can Help Navigate Dog Bite Liability Laws in Arkansas
An attorney’s education and experience are invaluable to your dog bite accident claim. They can offer help navigating the complex legal system from start to finish. Some of the more significant ways they help are:
Offering Contingency Arrangements
Contingency arrangements grant everyone access to legal care, regardless of their financial status. They operate under the premise that clients are not responsible for paying any upfront costs or out-of-pocket expenses to retain legal counsel.
Instead, attorneys will take a percentage of the settlement, their contingency fee, before issuing you the final check. There is no exchange of money.
Contingency arrangements give accident victims peace of mind, knowing that if their attorney is unsuccessful in collecting compensation, they aren’t required to pay anything. It assumes zero financial risk to have a professional handle your legal needs.
Handling Paperwork and Legal Deadlines
Dog bite accident claims and lawsuits involve filing and organizing significant paperwork. They also entail meeting legal deadlines. Having an experienced lawyer who handles cases like yours all of the time ensures they will meet deadlines within all statutes and keep your file organized and secure.
Thoroughly Investigate Your Case
After retaining legal counsel, your attorney will thoroughly investigate your case. They are looking for any evidence they can use to prove negligence and liability. Parts of their investigation efforts include:
- Gathering Evidence: Your lawyer will collect photographs of your injuries from multiple angles, documenting their severity. Any video evidence of the dog attack, as well as police and animal control reports and medical records, will be gathered and analyzed.
- Interview Witnesses: Eyewitnesses can be extremely helpful in proving negligence in dog bite accident claims. An experienced attorney will identify and locate any possible eyewitness testimony to benefit your case.
- Consulting With Experts: Depending on the facts of the dog bite accident, your personal injury lawyer will consult with various experts, such as medical, financial, and dog behavior experts. The latter can review the dog’s history, including training and behavior, to provide insight into the dog’s attack and potential liability.
- Accident Reconstruction: Dog bite accident attorneys may use an accident reconstruction expert to help. Combining physical evidence with technology, they will create a scientifically based report of how a dog bite happened. Their testimony may be critical in proving negligence.
Access to an attorney’s expert reconstruction specialists can significantly increase the validation of liability in your case, leading to heftier payouts. Consult with a personal injury attorney immediately to discuss the circumstances of your dog bite.
Negotiating With Liable Insurance Companies
Negotiating with insurance companies can be a headache. Having an experienced lawyer handle all communications and negotiations can help alleviate this. It’s common knowledge that insurance companies will start negotiations with a low offer.
Unfortunately, many unrepresented dog bite accident victims accept it and move on. However, an attorney knows this and isn’t intimidated by countering with more considerable demands.
One of the biggest benefits of retaining a skilled dog bite lawyer is delegating all negotiations to them. They are skilled negotiators who are confident in when to ask for more and when to accept the offer on the table.
Representing You in Court
While most dog bite accident claims are settled outside of court, your lawyer will represent you if your case moves to litigation. The process includes filing the lawsuit, entering the discovery process, and presenting evidence to a judge and jury.
Call a Skilled Arkansas Dog Bite Lawyer Today
Schedule a free consultation with an experienced dog bite accident attorney to discuss your case —now. We are here to help.