A backyard gathering that includes tossing a ball for your friend’s dog can make for a fun day. When that interaction ends in a bite, pain and regret can turn an enjoyable experience into a stressful one.
You might wonder if the playful behavior crossed a line that could affect your right to compensation. Knowing how the law treats your conduct can help you evaluate an owner’s accusation without assuming your injuries leave you with no recourse.
When your conduct creates a defense
Provoking a dog can bar your claim against its owner under the strict liability rule. In Delaware, state law generally holds owners liable for harm their dogs cause, even without proof of negligence. Under this rule, you typically do not need to show the owner acted carelessly or knew about a past bite.
However, the law makes an exception if the person was teasing, tormenting or abusing the dog at the time of injury. It may also give owners defenses when the injured person was trespassing or committing certain crimes. Your actions before that bite can therefore affect how this rule applies to your request for payment.
What impact provocation may have on a claim
An allegation that you teased the dog could affect your ability to obtain compensation. The exception can affect both settlement discussions and the legal basis for recovery. Possible consequences include:
- You may lose your strict liability claim: If the teasing exception applies, the owner can avoid responsibility under that rule, even when your injuries require extensive treatment.
- The insurer might dispute payment: A provocation defense could lead to a denied claim or a lower settlement offer.
- A negligence claim may remain available: This separate route requires showing that someone’s lack of reasonable care caused your injuries. Your own conduct and other applicable defenses could still affect recovery.
An owner’s accusation does not necessarily settle the issue. However, to recover under strict liability, you carry the burden of showing that none of the statutory exceptions apply.
How you can prepare for a disputed account
Keep an accurate record by writing down what happened while your memory is still fresh. Include details that seem unfavorable, since discrepancies can cause others to question your account. It may also help to identify anyone who observed the encounter.
Your treatment records and expense receipts may also document the losses you seek to recover. An attorney can assess the evidence, explain available claims and advise you before you accept a settlement.