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Dog Bite Lawyer
Canada
For Canine Professionals
Compensation for Injury
- Circumstances that make injury or death actionable
- Comparative fault and contributory negligence
- Compensation for Injury to or Death of a Dog
- Cost or market value of the dog
- Dog's pain and suffering
- Further research
- Loss of companionship
- Mental anguish
- Punitive damages
- Sentimental damages
- Veterinary bills
- What our pets mean to us
Diane Whipple
Adoption organization liability for dog bites
- A written agreement can protect a transferor
- Adoption Organization Liability for Dog Bites
- Avoiding liability for mistakes and decisions of the board
- How a transferor can protect himself from liability for breach of duty to the new dog owner
- Retaining ownership of a dog when it is placed in another's home
- The legal duties of a transferor
Bankruptcy and Dog Bites
Beware of the Statute of Limitations
- Beware of the Statute of Limitations
- Frequently asked questions about the statute of limitations
- List of state laws
- Overview
- Special rules for governmental defendants
- Special rules for minors
- Table of state laws
- The danger of interpreting a statute of limitations
Bodily and Emotional Injuries In Dog Bite Cases
- Bodily and Emotional Injuries In Dog Bite Cases
- Emotional injuries in children
- Fear of dogs and the outdoors
- Post traumatic stress disorder
- Scars
- Social effects of a disfiguring injury
- Treatment for bodily injuries
- Treatment for emotional and social injuries
- Types of bodily injuries
- What the parents should watch out for
Criminal penalties for dog bites
- Criminal Penalties for a Dog Bite
- Death as first degree murder
- Death as second degree murder
- Defending against criminal charges: case study of People v. Maureen Faibish
- Defending against criminal charges: double jeopardy
- Examples of criminal prosecutions
- Felony conviction for mayhem where an injury is especially serious
- Felony or misdemeanor for injury by dangerous dog
- Felony or misdemeanor for injury by dog trained to fight, attack or kill
- Felony or misdemeanor for using dog as deadly weapon
- Manslaughter resulting from death caused by negligence
- Manslaughter resulting from death during commission of misdemeanor per misdemeanor - manslaughter rule
- Misdemeanor based upon degree of injury caused by attacking dog
- Misdemeanor for destruction of attacking dog needed as evidence
- Misdemeanor to fail to quarantine or produce animal, or give information about animal
Dangerous and vicious dogs
- A propensity to attack other dogs means a dog is dangerous to people
- Attacks that resulted in serious injuries but not death
- Canine homicides: July 2006 to present
- Criminal penalties for owners of dangerous dogs
- Dangerous and Vicious Dogs
- Dealing with a dangerous dog as a public nuisance
- Differences between animal control orders and judicial orders
- Footnotes
- Other ways that dogs can be considered dangerous
- Overview
- Regulation of dangerous and vicious dogs
- Serial attacks and rampage attacks
- The Dog Attack Danger Scale
- The meaning of "dangerous" and "vicious"
- The problem with statistics
Does an Adult Need a Lawyer for a Dog Bite Claim?
Dog Bite Victims
Dog bite victims need an attorney for "dog court"
- Background
- Conclusion
- Dog bite victims need an attorney for "dog court"
- How it works
- Overview
- What's missing from "dog court" rules of procedure
Dog parks and liability for dog bites
- Assumption of the risk
- Bites and injuries resulting from a dangerous propensity of the attacking dog
- Dog Parks and Liability for Dog Bites
- Guidelines for dog parks
- Negligence liability
- Overview
- Suits against local governments
Electronic pet containment and liability
- Dog bites and electronic pet containment systems
- Electronic Pet Containment and Liability for Dog Bites
- Electronic systems are not always legal
- Manufacturers, distributors and sellers of electronic fences might be liable for some dog bite injuries
- Pet containment systems, generally
Homeowner association liability for dog bites
Humane society liability for dog bites
- Humane society historically was agent of the state
- Humane Society Liability for Dog Bites
- Modern humane society as "public authority" per governmental tort claims act
Investigating the attacking dog
- Blueprint for the investigation
- Investigating the Attacking Dog
- Warning! Do not give up!
- When investigation is beneficial
Landlord liability for dog bites
- Further research
- Insurance for landlords
- Landlord Liability for Dog Bites
- Liability for bites by dogs upon adjacent property
- Liability for bites by tenants' dogs upon property owned by the landlord
- Recreational immunity
Legal Rights of Bystanders and Family Members
Legal rights of dog bite victims in the USA
- City and county law, and how to find it yourself
- How to find out whether the liable person is insured
- Laws of foreign nations
- Legal Rights of Dog Bite Victims in the USA
- More information for parents of injured kids
- Negligence
- Negligence per se for violating a leash law or other animal control law
- One-bite states and mixed dog bite statute states
- Other grounds for liability
- Statutory strict liability states
- The amount of money the victim should receive
- The Basics
- What to do when the dog owner says he's uninsured
- What will happen to the dog
- Who actually pays the damages
Legal Rights of Rescuers Who Incur Dog Bites
- Defending dogs and other animals
- Legal Rights of Rescuers Who Incur Dog Bites
- Self defense when a dog attacks a person
- When a rescuer is injured
Liability for non-bite injuries
Ownership of a dog
- Adoption organization attempts to retain elements of ownership of dogs adopted-out
- Determining ownership for the purpose of affixing legal liability
- Ownership of a Dog
- Ownership v. guardianship
- Transfering ownership of a dog
Photography in dog bite cases
- A list of the necessary photographs
- Instructions for taking photos on film
- Instructions for the amateur photographer
- Instructions for the professional photographer
- Overview
- Photography in Dog Bite Cases
- The proper format for photographs
Plain English Overview of Dog Bite Law
Police liability for dog bites
Should parents get lawyer for their injured child
Structured settlements in dog bite cases
- Annuity vs. bank account
- Determining the net settlement
- Evaluating the annuity
- Internal Revenue Code provisions
- Introduction
- Sample structured settlements
- Special Needs Trust
- Structured Settlements in Dog Bite Cases
- The mechanics of a child's structured settlement
The "one bite rule"
- Criticism of the one-bite rule
- Knowledge or "scienter"
- Plea to abolish the "one bite rule"
- The "dangerous propensity"
- The "one bite rule"
- The history of the "one bite rule"
- The One Bite Rule
What is a "bite"?
- Bite
- Biting, swiping and clawing
- Footnotes
- Statutory liability without physical contact
- What Is a "Bite"?
What To Do After a Dog Bite
- Cosmetic surgery in the future will NOT be covered by your health insurance
- Steps to protect your rights
- The dog bite victim's right to a lawyer
- The first things to do after being bitten
- The risks of not retaining an attorney
- What To Do After a Dog Bite
- You will NOT have to pay your lawyer "up front"
- You will receive MORE money -- not less -- even after paying the legal fee
- Your lawyer will help you to deal with the dog
Why dogs bite people
- Chaining, being male, and other causes of dog bites
- Factors that determine whether a dog will bite
- Motives to bite
- Provocation: the myth
- The Dog Attack Danger Scale
- Why Dogs Bite People
Breed specific laws
- Arguments for and against breed specific laws
- Breed bans and dogs that injure other dogs
- Breed specific court rulings
- Breed Specific Laws
- Insurance industry breed bans
- Overview of "breed specific" laws
Cruelty toward dogs
- Abandonment of dog or cat
- Animal fighting and worrying
- Birds, eggs and nests in cemetery
- Carrying in a vehicle in a cruel manner
- Chicks, rabbits, ducklings, or other fowl as a prize, colored, inadequate food and water
- Cruelty Toward Dogs
- Definitions of terms
- Dog and cat pelts
- Dog fighting
- Failing to provide proper care and attention
- Failing to supply wholesome food and water
- Failure to provide adequate exercise area
- Guide, signal and service dogs
- Limitations for game laws, dangerous animals, medical research
- Maiming, torturing, wounding or killing
- Pet shop cruelty
- Pets as food for humans
- Poisoning any animal
- Police dogs and police horses
Dog or burglar alarm: which is better?
For Dog Owners
If your dog bites someone
- Blunt advice about your future
- Getting sued
- If Your Dog Bites Someone
- In the weeks after the attack
- Report to your insurance company
- Tell the truth about the dog and what happened
- What to do at the scene of the attack
Insurance for the dog owner
- Homeowner, renter and other insurance
- Insurance for the Dog Owner
- Insurance for veterinary bills ("pet insurance")
- Insurance industry is attempting to exclude dog bites from homeowner coverage
- Other issues that arise under homeowner insurance policies
- Overview - insurance for dog owners
- Solving the insurance crisis facing dog owners
- What to do if you cannot insure your dog
- What to watch out for when buying insurance
- Where to get dog owner liability insurance
- Who is covered under an insurance policy
Legal right to use service animals
- Legal Right To Use Service Animals
- Overview
- Penalties for interfering with the use of a service dog
- Penalties for pretending to own or train a service dog
- Types of service animals
Protect and defend you and your dog
- Dealing with hostility
- Defending your dog in "dog court"
- Preventing trouble
- Protect and Defend You and Your Dog
- Your duties toward your dog
The pet food recall of 2007
Veterinary malpractice
- Elements of malpractice
- Litigation forms and other materials for attorneys
- Practical advice
- Proof of malpractice
- Veterinary Malpractice
- What is veterinary malpractice?
FAQ
- Frequently Asked Questions
- Getting Help
- Question: "A dangerous dog terrorizes my neighborhood! What can I do to stop it?"
- Question: "Can I appeal if I lose my dog bite case?"
- Question: "Can I shoot a dangerous dog?"
- Question: "How can I get compensated in a one-bite state?"
- Question: "How do I find the law in my city, county and state?"
- Question: "How do I get the evidence that I need to prove the dog was vicious?"
- Question: "I have a question about something I got from the Dog Bite Law Bookstore"
- Question: "If I get a lawyer, won't this ruin everything -- take a long time, be expensive, hurt my relationships, and make them put the dog down?"
- Question: "Should I do anything or not?"
- Question: "What and where is the Dog Bite Law Wiki?"
- Question: "What if no lawyer will take my case?"
- Question: "Which are the one-bite states?"
Front Page
Instructions and Troubleshooting
Dog bite statistics
- Canine homicides and the dog bite epidemic: do not confuse them
- Dog bite statistics
- The breeds most likely to kill
- The dog bite epidemic: a primer
For Journalists and Lawmakers
Model dog bite laws
- How to change the law
- Irresponsible Dog Owner Law
- Model Dangerous Dog Law
- Model Dog Bite Laws
- Model Dog Bite Statute
Preventing dog bites
- Criminalize the failure to stop a dog attack
- Enact laws that will take dangerous dogs off the streets
- Enact leash laws and dog-trespass laws
- Enforce the laws that prohibit dog fighting
- Force dog owners to have insurance that would compensate dog bite victims
- Get rid of the one-bite law
- Keep certain high-risk breeds away from the wrong people, places and situations
- Make pet stores give customers specific information about breeds
- More information about prevention
- Preventing Dog Bites
- Require dog safety education in schools
- Support further research about dog attacks
Research articles about dog bites
For Lawyers
Interviewing the dog bite victim
- Determining goals
- Interviewing a Dog Bite Victim
- Interviewing the Parent of a Victim
- Learning the facts
- Overview
Police use of dogs
The use of experts in dog bite cases
- Canine issues
- Causation issues
- Discovery and trial: litigation forms and other materials for attorneys
- Disfigurement issues
- The Use of Experts In Dog Bite Cases
Tips and tricks for victims' attorneys
- Avoiding structured settlement traps for the unwary
- Dealing with the defense of assumption of the risk
- Dog Bite Litigation Forms and other helpful materials
- Evidence in dog bite cases
- Getting records from Animal Control
- Less obvious grounds for liability
- Taking the Dog Owner's Deposition
- The victim always has to prove why the dog attacked
- Tips and Tricks for Victims' Attorneys
Legal Briefs
- Accidents afterwards
- Animal control
- Animal control records
- Arbitration
- At large
- Attacking dog
- Authorizations
- Bankruptcy
- Case management
- Clothing
- Costs
- Cummis counsel
- Currency conversion
- Defense medical exam
- Deposition
- Disability
- Discovery
- Doctors, picking them
- Employment records
- Identity theft
- Injuries to spouse
- Insurance claim
- Insurance: overview
- Investigation
- Judgment, Summary
- Lawsuit: why file it
- Legal Briefs
- Liens
- Litigation
- Lost Income
- Medical bills
- Medical records
- Mental anguish
- Military alphabet
- Minor's compromise hearing
- Neglience
- Pleading
- Public entities and employees
- Punitive damages
- Repayment of insurance
- Sending files
- Service of documents
- Settlement
- Small Claims Court
- Strategy for paying med bills
- Trial
- Unlawful detainer
- Withdrawing funds
- Workers compensation
Lillian Stiles
- Criminal case
- Facts
- The Lillian Stiles case (Texas v. Hernandez)
- When should a dog owner be found guilty of murder because his dog killed a person?
Links
- Legal research for lawyers
- Legal research for non-lawyers
- Links
- Medicine, health and psychology
- News sources
- Services, products and information about dog
Meet Kenneth M. Phillips
- "Aren't you too busy to handle cases?" and other FAQ about Mr. Phillips
- "Who I Am"
- Biography
- Facebook, Twitter and elsewhere on the Internet
- How Mr. Phillips Handles Cases Across the USA
- Kenneth M. Phillips' Mission
- Leading Authority in Dog Bite Law
- Meet Kenneth M. Phillips
- Retaining Mr. Phillips
- Reviews in The Media
- Special services for attorneys
- Television, Radio and Periodicals
- The Dog Bite Law Office
Meet your host
News
Overview of Dog Bite Law
Parent to Parent
Advice for parents about getting or keeping a dog
For Parents
Teach your children how to avoid dog bites
- Common factors in dog attacks upon children
- For little kids: Diggidy the Dog - puppet show book that teaches dog safety
- For older kids: Rules to learn and follow
- More for older kids: Websites to visit and learn from
- Teach Your Kids How To Avoid Dog Bites
Press
- "A Legal Career Goes to the Dogs" - The Recorder profile of Kenneth Phillips
- The Los Angeles Times profile of Kenneth Phillips
Shawn Jones
mixed dog bite statute states
- District of Columbia Dog Bite Law
- Georgia Dog Bite Law
- Hawaii Dog Bite Law
- New York Dog Bite Law
- Tennessee Dog Bite Law
One bite state
- Alaska Dog Bite Law
- Arkansas Dog Bite Law
- Kansas Dog Bite Law
- Maryland Dog Bite Law
- Mississippi Dog Bite Law
- New Mexico Dog Bite Law
- North Carolina Dog Bite Law
- Oregon Dog Bite Law
- Texas Dog Bite Law
- Vermont Dog Bite Law
- Virginia Dog Bite Law
statutory strict liability state
- Alabama Dog Bite Law
- Arizona Dog Bite Law
- California Dog Bite Law
- Colorado Dog Bite Law
- Connecticut Dog Bite Law
- Delaware Dog Bite Law
- Florida Dog Bite Law
- Illinois Dog Bite Law
- Indiana Dog Bite Law
- Iowa Dog Bite Law
- Kentucky Dog Bite Law
- Louisiana Dog Bite Law
- Maine Dog Bite Law
- Massachusetts Dog Bite Law
- Michigan Dog Bite Law
- Minnesota Dog Bite Law
- Missouri Dog Bite Law
- Montana Dog Bite Law
- Nebraska Dog Bite Law
- New Hampshire Dog Bite Law
- New Jersey Dog Bite Law
- Ohio Dog Bite Law
- Oklahoma Dog Bite Law
- Pennsylvania Dog Bite Law
- Rhode Island Dog Bite Law
- South Carolina Dog Bite Law
- Utah Dog Bite Law
- Washington (state) Dog Bite Law
- West Virginia Dog Bite Law
- Wisconsin Dog Bite Law
Students
Testimonials
The Dog Bite Law Bookstore
What people write to Attorney Phillips...
"Kenneth, thanks for all of the work you do..we just received your book on when dogs bite or kill other dogs and it is helping us with our case. I encourage anyone in this group who has lost a dog to an attack to purchase it--its money well spent!"
Kim T.
