Tagged: Children and Dogs

Your Dog Bite Claim Timeline

Filing a Claim for a Dog Bite

Your Dog Bite Claim Timeline

A dog bite can lead to a confusion of events and processes. Understanding the process for a dog bite claim will help you better navigate through your injury. Know what to do within certain amounts of time to help secure your compensation for any injuries you received during the attack.

Immediately After the Dog Bite

seek medical attention before pursuing a dog bite claimDirectly after a dog attacks, you should obtain medical treatment and notify authorities. Contact both animal control and your local police force and report the dog attack.

Seeking medical treatment will not only ensure your health, but also create a professional record of the attack that occurred. Reporting the attack to the local authorities will help minimize the risk of the dog attacking someone else. If the owner of the dog is unknown at the time, the report will also ensure the dog is secured for owner identification.

48 Hours After the Dog Bite

After you are medically stabilized, the doctor can create a preliminary medical report of your injuries, which will include the extent of your injuries and the cost related. At this point, you will need to contact a dog bite attorney, such as Scott T. Gegenheimer, who will assist you in pursuing a claim against the owner of the responsible dog.

Louisiana, being a strict liability state, places responsibility of the dog’s actions on the owner, regardless of past behavior. Barring that you did not provoke the dog by trespassing on private property or with animal cruelty, you are entitled to compensation.

Within 1 Week of the Dog Bite

Your attorney will send notification of the claim to the owner of the dog. This notification allows the dog owner time to seek representation and respond to the complaint. Normally, the dog owner will have 15 days to file an answer.

Within 4 Weeks of the Dog Bite

The continuation of the process will depend on the dog owner’s answer to your complaint. If the dog owner chooses to settle the claim outside of court then your attorney will help you receive the compensation you need based on your injuries and future treatment requirements.

If the dog owner decides to take the claim to trial then you and your attorney will compile evidence of the attack. You and your attorney will gather your medical records and police reports, contact any eyewitnesses, request depositions, and gather any additional evidence.

Scheduling a Trial

1_01-FilingaClaim_statecapitolYour attorney will proceed to continue the process of the claim by scheduling a court date. As availability differs based on the number of current claims, your court date and length of the trial will vary.

When the trial concludes, you will be awarded your monetary compensation or the dog owner will be found not at fault. If you wish to challenge the court on the ruling, you may file an appeal.

A Reminder for Dog Bite Injuries

Louisiana allows you to file a personal injury claim for one year after the incident. It is best to file the claim as soon as possible in order to preserve evidence and get the compensation you need for your injuries. You also do not have to wait to file a claim until you are finished receiving treatment.

Filing a dog bite claim quickly and getting assistance from a personal injury attorney will help ensure you are compensated for your injuries. Call Scott T. Gegenheimer today for assistance in your dog bite incident.


This site is intended purely as a resource guide for educational and informational purposes and is not intended to provide specific legal advice. Any information provided on this site should not be used as a substitute for competent legal advice from a professional attorney in your state. The use and receipt of the information offered on this site is not intended to create, nor does it create, an attorney-client relationship. The content of an e-mail sent to Scott T. Gegenheimer Attorney at Law or any of its attorneys will not create an attorney-client relationship and will not be treated as confidential.

 

Keeping Children Safe from Dogs this Halloween

Keep children safe from dogs

October is the month of cooler weather, pumpkin-flavored drinks, and the Halloween holiday. At the end of every October, people expect pranks, scary movies, and frightening occurrences because it’s Halloween, the holiday known for scary things, but some dangers are not as obvious as others. While people enjoy costumes, outdoor parties, and trick-or-treating, they sometimes overlook the dangers that come with mixing dogs, children, and Halloween festivities. With 4.5 million dog bites each year, according to the Centers for Disease Control and Prevention, dog bites and Halloween child safety is a major concern. Dog owners that bring their pets along for the ride or allow their dogs to roam free during Halloween put a lot of children at risk of being bitten. It’s important to know the dangers of meeting dogs during holiday events and how to respond so you and your children can avoid a dog bite this Halloween.

Part of Your Child’s Safety Measures this Halloween Involves Staying Alert Around Dogs

Don't approach dogs on Halloween.Trick-or-Treating with Your Child

Taking your children trick-or-treating should be a fun experience, but people often bring their dogs with them, creating an unsafe experience. While it may seem like a cute idea, dogs can be aggressive toward strangers, especially in stressful situations. Many dog owners do not realize that their pets can be out of their comfort zone and act defensively or hostile in hectic places. A holiday that involves shrieking children, many strangers, and costumes that distort appearances is a stressful event for any dog, no matter how well trained.

If you are trick-or-treating with your children this year or allowing them to go on their own, ensure that everyone knows to take extra precaution when coming into contact with any dogs. Do not approach, pet, or call strange or even familiar dogs to you while trick-or-treating, as they may not recognize you in costume or may feel threatened by your appearance. Do not tease or agitate dogs in any way, and if a strange dog comes to you, ask the owner to respect your space or stand still, avoiding eye contact until the dog leaves. Try to avoid dogs when you are walking with your children from house to house to avoid further risk.

To keep children safe, beware of dogs behind fences. Visiting Homes with Dogs

Homes that have dogs inside the house, behind a fence, or leashed outside are not as safe to approach as they may appear. While the dog may seem secure, it takes just a quick second for them to slip out from under their owner’s control and by then it’s too late. The dog may be extremely protective and only concerned about defending its property and owners. You should avoid houses when you hear barking coming from inside a house, behind a fence, or when a dog is leashed-up in the yard. If you do visit a house with a dog, do not step forward, but instead let the owner know if you are not comfortable coming near the dog. Wait for them to put the dog away or come outside of the house without the dog and to you and your child with the candy. Make sure the door is firmly closed before turning around and walking away.

When going to a party at a house with a dog, remember to be extremely cautious when approaching, even if you are sure the dog knows you. The dog may already feel threatened by the number of people there and also may not recognize you in costume. Avoid cornering and agitating dogs during Halloween to prevent a potential dog attack.

Keeping your child safe from all dangers during Halloween festivities is important. Remember this Halloween that your child’s safety concerning dogs is another matter to consider when trick-or-treating. Be alert for strange dogs while out walking, and try to avoid dogs completely during the night for extra precaution.


This site is intended purely as a resource guide for educational and informational purposes and is not intended to provide specific legal advice. Any information provided on this site should not be used as a substitute for competent legal advice from a professional attorney in your state. The use and receipt of the information offered on this site is not intended to create, nor does it create, an attorney-client relationship. The content of an e-mail sent to Scott T. Gegenheimer Attorney at Law or any of its attorneys will not create an attorney-client relationship and will not be treated as confidential.

Dogs and Your Child

1_01-Gegenheimer-Blog-DogsAndYourChildren_Header

You’ve heard all kinds of stories about dogs and children. Some of them were inspiring, stories woven together about best friends that do everything together. Others have been scary snippets about dog attacks on innocent children. What you want to know however is if your child will be safe around your dog, the neighbor’s dog, or any dog they happen to come across. It’s safe to say that when you put two beings that have their own personalities together nothing is guaranteed. That being said, let’s look at a few things and how your child and dogs can live together peacefully.

Facts

First things first, according to the Centers for Disease Control and Prevention, 4.5 million dog bites occur each year just within the United States. The CDC also stated that those most at risk to receive a dog bite are children and men. Children aged 5 to 9 have the highest rate of dog-bite related injuries.

Those numbers can look frightening to anyone with children, but if you have your hopes set on having your children and dogs play together, not all is lost.

Dogs and children can live together with proper lessons and attention.

Safety Rules

Remember, children are not as practiced at reading signals from dogs as adults. Never leave your children alone with a dog. Children don’t always understand dog behavior, so teach your children the warning signs dogs give when they are unhappy or getting ready to attack. Let your child know that some of the warning signs that a dog gives when it’s unhappy include baring its teeth, lowering its head or tail, attempts at hiding, or holding its body straight or rigid.

Maintaining proper respect for the dog is also imperative to avoiding bites. Teach your children to never approach a strange dog and always ask permission from a dog’s owner before trying to pet the dog. When they are introduced to a new dog, be sure they know to let the dog sniff them before reaching out and the proper way to pet and treat a dog. Knowing how to treat a dog properly will lessen the chance of a bite.

1_01-Gegenhiemer-Blog-SafetyRules_DogChewing-ContentAnother safety rule for children when interacting with dogs is to prevent your child from interrupting a dog when the dog is enjoying its own space. Prevent your child from interrupting a dog when it’s sleeping, eating, chewing a bone, playing aggressively with a toy, or when the dog is a mother with her puppies. During these times dogs can become more aggressive than usual so it’s a good idea to keep small hands away at these times.

If you are a dog owner, you’ll also need to spend some time teaching your dog how to interact with children, especially if it hasn’t been around them from the beginning. Teaching your dog some basic obedience skills will help prevent any bites as well. Spend time teaching your dog to drop and leave any item it has, to sit, lie down and stay, to come when called, and to greet people and children gently. These skills, if taught properly can help to prevent a dog from biting a child.

With certain precautions and extra care, children and dogs can live peacefully together. It’s important however to be aware of the risks and if a bite does occur be sure to know what steps to take to help your child. In your own home you’ll have more of a handle on any situation but if your child meets another dog it won’t always be possible to stop a bite. In those times, be sure to hire a lawyer who can give you and your child the help you need.


This site is intended purely as a resource guide for educational and informational purposes and is not intended to provide specific legal advice. Any information provided on this site should not be used as a substitute for competent legal advice from a professional attorney in your state. The use and receipt of the information offered on this site is not intended to create, nor does it create, an attorney-client relationship. The content of an e-mail sent to Scott T. Gegenheimer Attorney at Law or any of its attorneys will not create an attorney-client relationship and will not be treated as confidential.