Mississippi, like many other states, has laws in place to protect individuals who are victims of dog bites and animal attacks. These laws outline the responsibilities of dog owners and the rights of those who have been injured by dogs or other animals. If you or a loved one have been involved in a dog bite or animal attack incident in Mississippi, it’s important to understand the legal implications and your rights under the state’s laws.
Dog ownership responsibilities in Mississippi
Under Mississippi law, dog owners have certain responsibilities when it comes to owning and controlling their pets. According to Mississippi Code Annotated section 41-53-1, dog owners are liable for damages caused by their dogs if the owner knew or should have known that the dog had a propensity to attack humans or other animals. This means that if dog owner is aware of their dog’s aggressive tendencies or has reason to believe their dog may pose a danger to others, they can be held responsible for any harm caused by their dog.
Mississippi has a “one-bite rule,” which means that a dog owner may be held liable for damages caused by their dog’s first bite, even if the owner was not aware of the dog’s aggressive tendencies. If a dog has bitten someone in the past, or if the owner knew or should have known that the dog was dangerous, the owner can be held strictly liable for any subsequent bites or attacks.
It’s important to note that Mississippi does not have a specific statute that holds dog owners strictly liable for injuries caused by their dogs in all cases. However, there are common law principles and court decisions that can establish liability based on factors such as the owner’s knowledge of the dog’s behavior, the dog’s past history of aggression, and the circumstances of the incident.
What to do after a dog bite or animal attack in Mississippi
If you or someone you know has been bitten or attacked by a dog or other animal in Mississippi, it’s important to take certain steps to protect your rights and seek compensation for your injuries. Here are some important steps to take:
Step 1: Seek Medical Attention Immediately
If you’ve been bitten by a dog, the first thing you should do is seek medical attention. Even if the wound appears to be minor, it’s important to have it properly cleaned and treated to prevent infection. If the wound is more serious, you may need stitches or even surgery. In addition, it’s important to get a tetanus shot if you haven’t had one in the last five years.
Step 2: Identify the Dog and its Owner
Once you’ve received medical attention, you should try to identify the dog and its owner. This is important for a few reasons. First, if the dog is not up-to-date on its rabies vaccination, you may need to undergo treatment to prevent rabies. Second, you may be able to file a claim against the owner’s homeowner’s insurance to cover your medical expenses and any other damages you may have suffered.
Step 3: Report the Incident
In Mississippi, dog bites are required to be reported to the local animal control agency or law enforcement. You should also report the incident to the owner’s homeowner’s insurance company. Be sure to provide as much information as possible about the dog, the owner, and the incident itself.
Step 4: Consider Legal Action
If you’ve suffered significant damages as a result of the dog bite, you may want to consider legal action. A personal injury attorney can help you understand your legal rights and options and can help you pursue compensation for medical expenses, lost wages, pain and suffering, and other damages.
Step 5: Take Steps to Prevent Future Incidents
Finally, it’s important to take steps to prevent future dog bites. This includes being cautious around unfamiliar dogs, never approaching a dog without the owner’s permission, and teaching children how to behave around dogs. If you own a dog, it’s important to make sure it is properly trained and socialized and to always supervise it when it’s around other people.
Legal Remedies for dog bites and animal attacks in Mississippi
If you have been bitten or attacked by a dog or other animal in Mississippi, you may be entitled to compensation for your injuries and damages. Mississippi law allows victims of dog bites and animal attacks to pursue legal remedies, which may include
- Medical expenses: You may be entitled to reimbursement for the costs of medical treatment, including hospitalization, surgery, medication, and rehabilitation.
- Lost wages: If your injuries prevent you from working, you may be able to seek compensation for lost wages and loss of earning capacity.
- Pain and suffering: You may be entitled to damages for the physical and emotional pain and suffering caused by the dog bite or animal attack, including any resulting disfigurement, scarring, or psychological trauma.
- Property damage: If the animal caused damage to your property, such as tearing your clothes or damaging personal belongings, you may be able to recover compensation for those damages.
- Punitive damages: In certain cases where the owner’s conduct was particularly reckless or intentional, you may be eligible to seek punitive damages, which are meant to punish the owner and deter similar behavior in the future.
It’s important to note that Mississippi follows a comparative negligence rule, which means that if the victim’s own negligence contributed to the incident, their damages may be reduced proportionally. For example, if a victim provoked a dog or trespassed on private property where the animal was kept, their damages may be reduced based on their percentage of fault.
Statute of limitations for dog bites and animal attacks
In Mississippi, there is a statute of limitations, which is the time limit within which you must file a legal claim for a dog bite or animal attack. According to the Mississippi Code Annotated section 15-1-49, the statute of limitations for personal injury cases, including dog bites and animal attacks, is three years from the date of the injury. This means that you must file a lawsuit within three years of the incident, or you may lose your right to seek compensation.
Dog bites and animal attacks can result in serious injuries and damages, and it’s important to understand your rights under Mississippi’s laws if you or a loved one have been involved in such an incident. Dog owners in Mississippi have a responsibility to control their animals, and victims of dog bites or animal attacks may be entitled to compensation for their injuries and damages. Taking prompt and appropriate steps after an incident, such as seeking medical attention, documenting the incident, and consulting with a personal injury attorney, can help protect your rights and increase your chances of obtaining fair compensation. If you’ve been a victim of a dog bite or animal attack in Mississippi, it’s crucial to seek legal advice from a qualified attorney to navigate the complexities of the law and pursue the compensation you deserve. Contact Brad Morris Law Firm, PLLC as your injury attorney to help you protect your right and increase your chance of obtaining fair compensation.
Beware of Dog Signs
When we’re dealing with dog bite cases or dog attack cases, the question often comes up, “What about the Beware of Dog sign?” Whether the dog owner had one or didn’t have one, the client always wants to know how that plays into the claim. It can vary. Most of the time, a Do Not Trespass or Beware of Dog sign ultimately has very little impact on the outcome of the case. That’s not to say they’re insignificant or they’re totally irrelevant, but, it’s just that, normally in my experience in dealing with dog bite and dog attack cases, the other factors and other facts in the case tend to play a much larger role in determining liability and certainly in determining damages and determining fault than those types of signs. The reason for that is, usually, almost without fail, and certainly in the cases that I have seen or been around, whether there were signs or whether there were not signs, the dog bites or dog attacks usually take on one of two scenarios.
In the first scenario, the dog left the dog owner’s property and attacked someone off property, in which case, the signs are completely irrelevant. It was the dog that left and attacked them. In the other scenario, the person who was attacked, the victim was a guest of that dog owner on their property. In other words, they were invited over or asked to come onto the property, either as a social guest or as a business guest. Think of someone there to perform some type of maintenance work, checking the meter on their house or socially just for a visit, such as children coming over to play.
In those situations, even with the signs there, factually and ultimately what determines the outcome of the case is not the sign and not the victim seeing or not seeing a sign, or knowing or not knowing about the dog or the history of the dog, but much more on the dog owner and the history of the dog, the dog owner’s knowledge of that dog’s breed, of that dog’s past behavior, of prior incidents involving the dog, signs and signals of an aggressive behavior or violent aggression towards humans that that dog has exhibited. All those things come a lot more into play normally in these cases than the ‘Beware of Dog’ sign. Normally the signs aren’t there until after the bite or the attack happens, but, even when they are, it’s these other factors that typically have a lot more impact on the outcome of the claim than a sign.
It’s a great question that comes up a lot in these cases, but hopefully that helps answer any outstanding issues or questions people have about that. As with any dog bite or dog attack case, each one stands on its own unique set of facts and there’s multiple levels of complexity to those cases. Even if it seems like a simple case, there are typically multiple levels of complexity in dog bite and dog attack cases, from the damages to proving liability and apportioning fault that really require experienced counsel being involved.
National Trends vs. Mississippi’s Scenario:
It is worth noting that dog bite statistics can vary from state to state. While national data suggests that dog bites occur at a significant rate across the United States, Mississippi-specific statistics may provide further insights into the local scenario. Analyzing Mississippi’s data can help identify trends and formulate targeted strategies for prevention and intervention.
Prevention and Responsibility:
- Responsible Pet Ownership: Promoting responsible pet ownership includes actions such as proper training, socialization, and regular veterinary care. Encouraging individuals to spay/neuter their dogs can also help reduce aggressive behavior.
- Education and Awareness Programs: Initiatives aimed at educating the public about dog behavior, recognizing warning signs, and teaching safe interaction with dogs can significantly contribute to the prevention of dog bite incidents.
- Local Legislation and Support: Collaboration between community leaders, animal control agencies, and healthcare professionals can help develop local legislation, enforce responsible pet ownership practices, and provide resources for victims of dog bite incidents.
Reporting and Response:
Reporting dog bite incidents is essential for tracking data and implementing appropriate responses. In Mississippi, it is important for victims and witnesses to report dog bites to local authorities, animal control agencies, or the Mississippi State Department of Health. Timely reporting enables officials to investigate incidents, assess the dog’s behavior, and take necessary actions to prevent future incidents.
4 Dog Bite Tips
1. Qualifying a Dog Bite Injury
On the subject of dog bite and dog attack cases, we’ve handled a number of them at our firm. A question that often comes up is, “How do I know if I have a qualified dog bite claim, particularly here in Mississippi?” The quick answer to that is, if you were attacked by someone else’s dog, what we want to look for are the things showing that that owner had some knowledge of the dog’s dangerous propensity. That’s kind of the gold standard here in Mississippi in these types of cases.
A lot of times people mistakenly call that the “one-bite rule”, meaning that if the dog hasn’t ever bitten anyone before or attacked anyone before you can’t prove liability on that owner. It’s as if to say the dog basically gets one “free bite” without getting them in trouble or getting the owner in trouble, and that’s just not true. That’s not the law here in Mississippi, and that’s now how it works. The reality is, most of the time where there is liability for a dog bite or dog attack, there are any number of warning signs, any number of indications and past events with the dog that actually did give that owner a warning about the dog’s aggressive nature, about their dangerous propensities that end up leading to a finding of liability on that dog owner.
The only way really to sort that out is digging into the details of the case, the history of the dog, and the history of the dog owner and then looking at how all that comes together and interplays with the victim. Oftentimes, the nature of these cases is such that neighbors or family members are the victims. It’s people who know the dog owner or know their dog. It’s not always a stranger. More often than not, the victim is someone who has had some prior interaction or relationship with the dog or dog owner, and all of that comes into play. What type of dog is it? What’s the history of that particular dog? What is the history of that particular dog owner? What’s the history of the dog and the dog owner with the victim?
The only way that you’re really going to get to the bottom of all that and really get a good read on the case is by having someone involved in your representation that has actually worked one of these cases before. You need to understand the nuance of the law in Mississippi, if it’s a Mississippi case; if it’s in another state, you need someone who has worked through those types of cases but also digs into and understands the rules in that particular location because they do vary. The laws on dog attacks, dog bites, and owner liability has evolved differently across the states, so it’s important to understand what those local rules and local laws are. You just can’t do that without digging into the details of the particular case.
Reach out and contact an attorney that not only litigates personal injury claims, but who has some experience litigating cases involving dog bites and dog attacks because the laws are going to be unique. They can dig into the specific facts of your case to really do a full assessment of the claim. At the Brad Morris Law Firm, PLLC, we have had success pursuing dog bite and dog attack cases, particularly in some situations that were really bad attacks involving catastrophic injuries. We’re here and available through our website and through our phone number. If you have questions or just want to inquire about a situation involving a dog attack on you or a loved one, give us a call and we’ll try to answer your questions and get you the help that you need.
2. Choosing The Right Dog Bite Attorney
In our firm, we actually get inquiries about dog bites a lot more frequently than I think people would think, especially during the warmer time of the year, because statistically more dog bites happen during that time. We particularly have been involved in some cases that I would say go beyond a dog bite to a dog attack, where dogs have attacked sometimes grownups but particularly children, which is quite frequent. Actually, young children are the number one victims of dog attacks. The question has been asked of, “How do I choose the right attorney in a dog bite or dog attack case?”
When you’re looking for an attorney in that type of case, it is similar in process to what you want to look for with any type of injury case. First of all, you are bringing a claim for personal injury. A lot of times in dog bite or dog attack cases, the injuries can be very severe, especially when children are involved. The first thing you want to look for is someone who, on a general level, handles personal injury cases regularly, who has experience handling personal injury cases. I can tell you from experience, dog bite and dog attack cases are typically litigated more often than other injury cases just because the insurance carriers, the defendants who own the dog, oftentimes are more apt to dig in and defend the case. Part of that is financial because there are typically significant damages at stake. The other part of it is because they as dog owners are sometimes indignant and emotionally tied to their dog – “It wasn’t the dog’s fault, it was your fault,” – and the insurance carriers see that as an opportunity as well to dig in and defend the case and fight the case to try to reduce the amount of damages that they have to pay.
In my experience, dog bite cases get litigated more often than other types of cases, so it is important when choosing at attorney that you’re choosing an attorney who regularly litigates personal injury cases on a general level and personally pursues personal injury claims on a daily basis, because they’re going to know the ins and outs of proving liability, proving damages, and getting you maximum value for your case. More specifically, dog bite cases are nuanced cases. What I mean by that is you don’t prove up a dog bite case the same way that you prove up a car wreck case or a medical malpractice case or others. The way that you prove up the case is by bringing in the right type of experts as well as the right type of evidence that you’re going to be looking for in support of the claim.
I think something that people should look for and is really helpful are attorneys who have actually had dog bite cases— attorneys who have actually worked up and litigated dog attack cases, and who have had success doing that. At the Brad Morris Law Firm, we have handled a number of these cases and we’ve had some really great success with them, sometimes dealing with some very horrific and difficult situations. If you or a loved one have been the victim of a dog attack, we’re here to help and answer your questions. You can reach out to us by phone or through our website, and we’ll try to get you on the right path, get you the answers you need, and get you the help you need.
3. Insurance For a Dog Bite Injury
When it comes to dog bite and dog attack injuries, a question that often comes up is, “Will insurance even cover this? The fact that somebody owned a dog and their dog attacked me, is there even insurance out there to cover my injuries or cover the harm that was done?” The answer to that here in Mississippi and pretty much in most states, is, yes, probably so. Most dog bite and dog attack claims are brought under coverage of that dog owner’s home liability policy. They have homeowner’s insurance or, in some cases, if they’re not a homeowner, renter’s insurance that includes some liability coverage. Typically, those policies are going to cover any claims arising from injuries on that property and, by extension, animals or dogs that are on that property that are part of the owner’s property.
These cases, because of that, in the insurance aspects, among other things, really are kind of unique cases. If you’re involved in a dog bite or a dog attack case, sorting through the insurance coverage and getting the coverage on the case is just one of many aspects on which you really need an attorney involved who has worked on these types of cases before. You not only have unique challenges with the damages that arise in these cases and in proving liability on the owner of the dog, but also with the insurance coverage.
The only way to ultimately answer that question and get to the bottom of what insurance coverage is available is digging into the facts and details of the case. You have to get into what type of policy that dog owner has, what exclusions or restrictions are involved, and the particular facts of the case. A lot of times certain homeowner’s policies or property liability policies actually address certain types of dogs or breeds of dogs that the property owner has. Sometimes they even charge the property owner a higher premium because they own certain types of dogs, because the insurance companies know that there’s a higher risk of some form or dog bite or dog attack happening, so they actually charge more under the policy. In other instances, there may be specific exclusions from the policy, where it’s not covered or where they pay for additional coverage so that it is covered. That’s why you’ve really got to have an attorney involved to sift through all these different issues in a dog bite or dog attack case.
The short answer to the question is, yes, most of the time there is insurance coverage available to cover a dog bite or a dog attack; you just need an attorney who knows where to go look and find it. At the Brad Morris Law Firm, PLLC, we have had significant experience and some good success helping clients who were victims of dog bites or dog attacks get justice and compensation for their injuries. If you or a family member have been the victim of such an attack, we’re here and available. Contact us today through our website or by calling the law firm, so that we can get you on the right path, get your questions answered and get you compensation for your injury.
Dog Owner Doesn’t Have Insurance
A question that comes up sometimes in dog bite cases or dog attack cases is, “What if that dog owner does not have insurance? What do you do with a claim like that here in Mississippi?” The answer is, first of all, we’re going to assess that situation from top to bottom. Sometimes, people say they don’t have insurance, but they actually do.
The first step in that situation is to make sure that you don’t just take them at their word, and that you’re actually exploring every option for available insurance coverage against the party who owns the dog who caused the injury. That’s not just true in dog bite and dog attack cases, that applies to a lot of personal injury cases. We all know insurance companies like to hang on to their money and if they can find a way to deny coverage or reduce the value of the claim, they’re going to do that. Sometimes that includes just denying the coverage exists or denying that coverage applies to a given situation, even though it may.
In a situation where a dog owner is liable but does not have insurance, there are still a couple of avenues to look at in terms of the victim getting properly compensated and recovering. One avenue is looking at your own insurance. There are options and avenues where you potentially may have coverage available to you through your own homeowner’s policy, depending on where it happened, but also through other policies that may apply to that situation. Was the person who was injured on the job at the moment, for instance? Workers’ comp may come into play if that person attacked by the dog, for instance, was checking the water meters, or if they were there on the property for business purposes such as repairing a roof or doing some other type of work.
The other option beyond your own insurance or other insurance coverage, that may come into play outside of that defendant, is to just proceed with the claim and obtain a judgment through trial or verdict, and then collect against that judgment on the responsible party. That could involve garnishing wages, attaching assets, and ongoing collection efforts against them. Once you have a judgment in place, there typically is, in most states, a time period for collecting on that judgment. In Mississippi, that is typically seven years. The good news is once you enroll that judgment, if you haven’t fully collected on it at the end of that seven years, as long as you don’t let it expire, you can oftentimes go back and renew that judgment to extend it for an additional seven years, and you just continue that process in order to collect on them.
That’s where good investigative work really comes into these cases. Dog bite and dog attack cases are a great example of where investigation really matters. It involves looking for the insurance coverage and the ability to pay for the claim that has to be done on the front end. It’s not just coverage that that defendant has or says they have or don’t have, it’s actually digging a layer deeper under that of what’s available and looking to the next level to see if there’s other coverages out there that may apply to the situation. If there’s no insurance coverage, it’s looking to other assets that can be collected upon or collected against in the event of a judgment.
4. Dog Bite Injury Liability
When it comes to dog bite and dog attack cases, a question people sometimes ask is, “Could someone other than the dog owner be responsible for the injuries in the case?” Like a lot of legal questions, it always depends on particular facts and circumstances. Yes, in some instances, someone other than the dog owner could be responsible for the injuries. Let me give you an example.
Frequently, dog bites and severe dog attacks are against young people and small children. A classic scenario where someone other than the dog owner might be held responsible for the injury to that child would be when that child is in the care of someone else. The parents have placed that child in the care of a daycare or school, or some other person or entity, who has been placed in the role of looking after that child and caring for them during a particular period of time, and the dog bite or dog attack essentially happens under that person’s watch. In that situation, yes, there may be some responsibility still on the part of that dog owner, but, if the person responsible for looking after that child or responsible for the care of that child is involved in the situation, and that’s a person who’s different than the dog owner, then there could be potential liability on them for some or all of that fault, depending on the particular circumstances.
For instance, if they did not watch the child and let the child wander over into the yard, where a vicious dog was, or if they let the child willingly go up and pet a strange dog that then turned on them, they could bear some responsibility for those injuries. That actually comes up quite often.
There are other scenarios, not necessarily involving a child, but perhaps a person working, who has to go on the property or who has to go into situations where there’s a dangerous dog who turns on them and attacks them. That potentially turns into an on-the-job injury and implicates workers’ compensation or implicates some other form of liability on that employer for the injury that would be separate from the dog owner.
Yes, there are multiple potential scenarios and situations where, in a dog bite injury or a dog attack case, someone other than the dog owner ends up bearing some or all of the responsibility for the victim’s injuries. Again, all of these potential scenarios are just case-specific, fact-specific and local law specific. You have to have legal representation involved working on your claim in that situation who understands litigating personal injury cases, but, more specifically, litigating dog bite and dog attack cases and who understands the local law and how it applies to those circumstances. You need someone with experience in those cases who can get all the facts together and really work up the case that it needs to be.
Brad Morris
Attorney
How to report a dog bite in Mississippi: Who to contact and what to expect
Who to Contact
In Mississippi, the first step to take after being bitten by a dog is to seek medical attention. Once you have received medical care, you should report the dog bite to the appropriate authorities. The following agencies should be contacted:
- Local Animal Control: You should report the dog bite to your local animal control agency. They will investigate the incident and determine if the dog is a threat to public safety. If the dog is deemed dangerous, they will take appropriate action to protect the community.
- Law Enforcement: Depending on the severity of the bite, you may also want to contact local law enforcement. They can assist in identifying the dog owner and determining if criminal charges should be filed.
- Mississippi State Department of Health: In Mississippi, all dog bites must be reported to the State Department of Health. You can report a dog bite by contacting the Mississippi State Department of Health at (601) 576-7725.
What to Expect
After reporting a dog bite in Mississippi, you can expect the following:
- Investigation: Animal control will investigate the incident to determine if the dog is a threat to public safety. They may interview witnesses, examine the dog, and review any available evidence.
- Quarantine: If the dog is deemed dangerous, it may be quarantined for a period of time to ensure it is not carrying any diseases.
- Medical Care: If you were bitten by a dog, you should seek medical attention immediately. Depending on the severity of the bite, you may require stitches, antibiotics, or other medical treatment.
- Legal Action: If the dog owner is found to be negligent or in violation of any laws, they may be held liable for any damages resulting from the bite. This could include medical expenses, lost wages, and pain and suffering.
Insurance For a Dog Bite Injury
Watch this video about insurance for a dog bite injury in Mississippi. Then call the Brad Morris Law Firm for a free legal consultation.
Pit bull unleash being walk by owner ran and grabbed another dog in a fenced yard. Owner did nothing to control dog. Pit bull released the dog then reenterred yard to cause more damage. What the big owners responsible for, DAMAGES.