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Friday 19 August 2011

Fight For Your Legal Rights, Employ The Service Of The Best Lancaster Personal Injury Lawyer

By Frank Edwards


Get in touch with an established Lancaster personal injury lawyer as soon as possible following your dog bite injury is very important. After a dog bite personal injury, you may be dealing with substantial pain, treatment, medical-related bills and much more. With these often comes pressure from the at-fault party's insurance carrier to give your statement of the events which took place leading up to the canine bite attack, or to resolve your case for pennies on the dollar. When you've been attacked by a canine, time is critical. Your chance for a successful result to your case increases significantly in case you have a skilled personal injury lawyer defending your rights.

Historically within the United States, recovery for injury to the individual or property was based upon one of the legal concepts found within the family of common law torts. These principles consist of trespass, negligence, as well as strict liability. Each concept has its own aspects that should be proven by the injured party before the law would permit financial recovery for the damages caused by a pet.

The legal wrong of trespass arises when one party goes upon the land of another without approval. An animal is recognized as an extension of the owner of the pet. If a vehicle was improperly parked and rolled onto the property of another, causing damage, then the one who owns the vehicle would be liable for the damages caused. Likewise, it is proper to take into consideration an animal to be a legal extension of the owner of the pet. Nevertheless, it must be noted that animals represent a complex set of issues and as a result the owner might or might not be accountable for an animal's trespass.

Carelessness makes it possible for recovery for the action or lack of action by a pet owner. Recovery at law under this concept needs a showing by the injured party that there was a legal duty owed to the injured party by the pet owner/keeper, and that the injury arose as a result of violation of that obligation. Not all harms are recoverable since not all duties of a moral or social nature rise to the level of a legal obligation. In order to prove liability in a canine bite case there are a lot of matters which should be initially considered that may ensure efficient disposal as well as early payment of a pay out. Was the person who owned or was in control of the animal negligent and did they neglect to do something they should have done or did they do something that they should not have done thus not being able to exercise the required duty of care to members of the public?

A Lancaster personal injury attorney has to study the case very carefully to determine legal responsibility as well as negligence. Did the pet control authorities fail to do something against a known vicious canine? Does the state, town or city where the attack occurred have statutory strict liability that efficiently makes the owner or custodian accountable to pay compensation in nearly all circumstances where injury has occurred?

There may be an official record maintained by the animal control authorities where the episode happened as well as the location where the canine owner previously lived with the attacking dog thereby providing sufficient evidence on which to base a dog bite case.




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