How to Sue a Dog Owner for Bites

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parts

1Gathering Necessary Information

2Filing the Lawsuit

3Attending Trial

Other Sections

Tips and Warnings

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References

Article Summary

When a dog bites you or your livestock, you can sue the dog’s owner. You can get compensation for any medical bills, pain and suffering, or lost wages. To begin the lawsuit, you have to fill out a “complaint,” which you then file in court. Although you might want an attorney to help you, you can represent yourself in small claims court as well.

Steps

Part 1

Part 1 of 3:

Gathering Necessary Information

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   Get a copy of the police report. You should have immediately reported the bite to the police so that they could investigate. You should get a copy of the police report by calling or stopping into the police station.

   • You will introduce the police report into evidence at trial.
   • You should also read it to see if there are any witnesses listed. You might have been in too much pain after the bite to find out the names of witnesses. This information could be on the police report.
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   Take pictures of the bite. As soon as possible, you should take pictures of the bite. Use color photography. Color photographs can be powerful evidence of the bite marks, which will probably have healed by the time your court case goes to trial.

   • A dog might have also attacked your livestock. You should take photographs and video of the damage to your livestock.
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   Get medical records. You also should ask for a copy of your medical records. Contact any hospital or doctor’s office that you visited. Ask for copies of the relevant records.

   • You have a federal right to inspect, review, and copy your medical records. However, you might also have to pay a fee to get copies.
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   Gather medical and other bills. If you win your lawsuit, then the dog’s owner has to compensate you for your injuries. You can get compensation for any medical care you paid for because of the bite. Gather copies of the following:

   • hospital bills
   • doctor’s bills
   • receipts for prescription drugs
   • bills for therapy or counseling
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   Get evidence of missed work. If you missed work and lost wages because of the dog bite, then you can be compensated for that as well. You should get evidence that shows how much you currently make:

   • a recent pay stub
   • a recent W-2 or tax form
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   Document emotional suffering. You can also be compensated for “pain and suffering” damages. These can be hard to calculate; however, you can generally get a rough estimate by multiplying your other damages by two or four.

   • For example, your medical bills and lost wages might total $1,000. You then could get an additional $2,000-4,000 for pain and suffering.
   • If a child was bitten, then you can usually get more. A child probably suffers greater emotional harm than an adult from the bite.
   • You also could get more if the dog is a dangerous breed, such as a pit bull or a Doberman.
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   Calculate the damage to your property. You can also get compensated for damage the dog did to your property. For example, if the dog bit your livestock and killed it, then you can get compensated for the market value of the livestock.

   • You can also get compensated for damage done to your clothing, if the dog managed to tear through your clothes.
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   Read your state or local law. Before filing your lawsuit, you want to understand how much money you are entitled to. The law works differently, depending on your state or city.

   • In some states, you can get double or triple damages if you are bitten by a dog which has bitten a person before.
   • Your law might also allow “punitive” damages. Other damages—for loss of work, pain and suffering, and medical bills—are meant to compensate you. But punitive damages are intended to punish the dog owner.
   • You might be able to get punitive damages if the dog owner has been very careless letting a dangerous dog run around. You also could get punitive damages if your injuries are severe.
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Part 2

Part 2 of 3:

Filing the Lawsuit

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   Find the right court. You can sue in the county where the defendant lives or where the bite occurred (if that is a different county). If you live in the same county as the defendant, then visit your county courthouse.

   • You should also think about suing in small claims court. Your injuries may not be worth even a thousand dollars. Small claims courts have been created to help people bring lawsuits for small amounts of money. You do not need a lawyer, and the court often meets at convenient times, such as in the evening or on weekends.
   • You should check with your court clerk about the maximum amount you can bring in small claims court. This amount varies by state, but is frequently between $5,000 and $10,000.
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   Get a complaint form. Once you have gathered your evidence and found the correct court, you need to start the lawsuit by filing a “complaint.” The complaint explains the facts surrounding the lawsuit and also states how much you want in compensation.

   • Many courts have printed “fill in the blank” forms that you can use. You should stop in and ask the court clerk for the form.
   • If there is no form, then you will have to find a complaint form in a book or CD of legal forms.
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   Complete the form. Each court’s form will be different. However, they will generally ask for information like the following:

   • your name and address
   • the dog owner’s name and address
   • your lawyer’s name, if you have a lawyer
   • a brief description of why you should be compensated
   • how much compensation you are suing for
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   Sign the complaint. You might need to have the form notarized. If you do, then wait to sign until you appear before the notary public.

   • There should be a notary public in the courthouse. Alternately, you can find a notary in most large banks.
   • Be sure to bring sufficient personal identification with you when you appear before the notary. Typically, a valid driver’s license or state ID is acceptable. You also could use a passport.
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   Choose if you want a jury trial. You usually have the ability to pick a jury, although some states do not allow juries in their small claims courts. If you don’t want a jury, then you can have the judge decide the case. There should be a box on your complaint form for you to check.

   • You might benefit from a jury. For example, a jury will be more sympathetic to you as the victim. Almost everyone has had a scary encounter with a dog at some point in their life and they might want to punish the defendant.
   • However, there are also negatives to having a jury. If you are representing yourself in the lawsuit, you might not feel comfortable delivering an opening and closing statement to a jury. Instead, you might want only a judge to decide the case.
   • You also might have to pay a larger fee if you choose a jury.
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   File the form. Make several copies of your complaint and take them all with you to the court clerk’s office. Ask to file the original. The court clerk should be willing to stamp all of your copies with the date.

   • You probably will have to pay a filing fee. The amount will vary depending on the court. Call ahead to ask the court clerk what the filing fee will be and what are acceptable methods of payment.
   • If you cannot afford the filing fee, ask for a fee waiver.
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   Serve notice on the dog owner. You must give the dog owner a copy of your complaint. You also need to send a summons, which you can get from the court clerk. Ask the court clerk what methods of service are acceptable.

   • Generally, you can have a person 18 or older who is not a party to the lawsuit make service. This person could hand deliver the complaint and summons to the dog owner.
   • You might also hire a private process server. Look in your phone book or on the Internet. Typically, they charge $45-75 per service.
   • Whoever makes service will probably have to fill out a Proof of Service or Affidavit of Service form. You can get this from the court clerk. After service is made, the server fills it out and returns it to you. You should file the original with the court and keep a copy for your records.
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   Hire a lawyer, if you need help. You might be overwhelmed with the process of filing a lawsuit. If so, you could hire an attorney. To find an attorney, you can contact your state or local bar association and ask for a referral.

   • Even if you don’t have the money to hire a lawyer, you might want to meet with one for a consultation. Many lawyers offer a half hour consultation for free or for a reduced price. During the consultation, you could ask the lawyer any questions that you have.
   • You can also ask the lawyer if they provide “unbundled” legal services. Under this arrangement, you can hire the lawyer to do specific tasks. For example, an attorney could represent you at trial or simply offer advice. Using unbundled legal services is an effective way to keep legal costs down.
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Part 3

Part 3 of 3:

Attending Trial

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   Dress appropriately. You should look professional for your trial. The judge and jury will form impressions about you based on your appearance, so you want to look neat and clean.

   • Men should wear a suit if they have one. If they don’t, then they can wear dress pants and a button-up dress shirt with a tie. Men should also wear dress shoes (not sneakers) and dark-colored socks.
   • Women should also wear a skirt suit or pant suit. Otherwise, women can wear a conservative dress or slacks with a nice blouse.
   • For more tips, see Dress for a Court Hearing.
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   Pick a jury. If you chose to have a jury, then the first thing you will do is choose jurors. The judge begins jury selection by calling a panel of prospective jurors to the front of the courtroom. The judge then asks them basic questions, such as their job, hobbies, etc.

   • Jurors are also asked if they can be fair. If a juror can’t be fair, then you should ask the judge to dismiss the prospective juror “for cause.” You can remove a juror for cause if they know too much about the case already, know either you or the defendant, or have admitted that they can’t be fair.
   • The judge should also give you a limited number of “peremptory” challenges. You can use these to remove any prospective juror. However, you can’t use them in a way that discriminates against jurors on the basis of race or sex.
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   Deliver an opening statement. After the jury is sworn in, you will make an opening statement. You will go first, and the defendant will go second. You should use your opening statement to present the jury with a “road map” of what your evidence will be.

   • Be sure to stick to just the facts, not arguments. For example, you can say, “As the evidence will show, on October 31, 2015, the Plaintiff was walking across her lawn when a dog approached her from the street. As the evidence will further show, this dog was a 100-pound pit bull, with no leash.”
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   Present your evidence. You can present witnesses in support of your case. In a dog bite lawsuit, however, you might not have any witnesses. Nevertheless, you will probably want to testify as the victim. You can tell the jury how the dog attacked you, and the pain it caused you.

   • If you have an attorney, the attorney can ask you questions. If you are representing yourself, then you will probably deliver your testimony to the jury in the form of a speech.
   • You can also expect the judge to ask you questions if you don’t have a lawyer. The judge will also try to keep you from rambling or getting off track.
   • For tips on how to question your witnesses, see Question Witnesses when Representing Yourself.
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   Cross-examine the defense witnesses. After you present your case, the dog owner gets to go next. He or she can also call witnesses. If witnesses are called, you can cross-examine them. You can approach cross examination in a couple of different ways.

   • First, you might not ask the witness any questions. Not every witness offers testimony that hurts you. If you don’t have anything to ask the witness, then simply stand and say, “No questions, your honor.” Then thank the witness for coming into court.
   • You can also show that the witness is biased. For example, the dog owner might have a family member testify. You can ask the witness about their relationship to the dog owner and their relationship to the dog. By highlighting this information, you show the jury that the witness might have a motivation to lie.
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   Make a closing argument. Once all evidence has been submitted, you and the dog owner can make your closing arguments. As the plaintiff, you will go first. Now is your chance to draw together all of your evidence and explain how it supports your case.

   • Be sure to refer to specific pieces of evidence in your closing argument. The jury might have forgotten what was presented, or the jury might not have understood why it was significant.
   • For example, you could say, “I showed you two medical reports, if you remember. The first was dated October 31, 2015 and came from a Doctor Tyler. That report stated that the wound was ‘serious’ and at least one inch deep.”
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   Wait for the verdict. At the close of evidence, the judge will read the jury its instructions. The jury then retires to deliberate. If you took a bench trial, then the judge might take some time to deliberate, or he or she could make an immediate ruling.

   • In most states, the jury does not need to be unanimous for you to win. In many states, you can win if 3/4 of the jurors side with you. For example, if nine out of 12 jurors agree with you, then you may win your dog bite lawsuit.
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Tips

• You might want to resolve the dispute outside of court. If the defendant has insurance, then you can expect the insurer to contact you and try to negotiate. Negotiation is a good way to avoid a lengthy trial. Many dog bite cases will settle outside court.
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