Omaha Dog Bite Injury Lawyer
Dog bites are some of the most common—yet often unexpectedly serious—personal injury cases that occur in Omaha. Larger dogs are capable of breaking skin, snapping bones, and tearing tendons, and even bites from small dogs can cause dangerous infections.
The law in Omaha makes it clear that dog owners are responsible for all damages that result from biting animals. Unlike many other states, in Nebraska, you do not need to show that the dog had a violent past or that the owner knew of their animal’s propensity for violence. With this in mind, an experienced Omaha dog bite lawyer from Inkelaar Law could work to hold dog owners and landlords responsible for the violent acts of their animals.
What is Nebraska’s Dog Bite Law?
Nebraska Revised Statute 54-601 states that owners are always liable for any damage that results from a dog bite. This is in direct opposition to many states that employ “one-bite” laws. In Omaha, you do not need to prove that the owner had any prior knowledge of their dog’s violent past to collect compensation. Instead, you only need to prove that:
- The dog belonged to the defendant,
- The dog did bite the plaintiff, and
- The bite resulted in damages.
In fact, even if the dog did not actually bite you, your case may still be successful. If you are attacked, chased, or otherwise harassed by the animal, and injury results, the dog owner may be held responsible.
Potential Defenses in a Dog Bite Case
One common defense defendants use in dog bite cases is to argue that their dog was merely protecting its property—and to be fair, the dog bite laws in Omaha state that people trespassing on private property cannot win their case. However, workers such as mail carriers or meter checkers who enter the land for a business purpose are not limited by this rule.
Another potential exception applies to people injured by dogs who are engaged in police or military work. The only way you can win in these cases is by demonstrating that the dog was used or directed in an inappropriate way that exceeded agency policy. It is generally very difficult—but not impossible—for plaintiffs to prevail in these cases.
Potential Damages Available
Physical harm makes up the core of any dog bite case. In fact, without the demonstrable presence of physical harm, a dog bite case in Omaha cannot prevail. No matter how mentally traumatized you may be by the incident, any case must begin with medical treatment by a doctor for a physical injury. Even if the injury is only a minor bite that heals without complication, this injury is compensable.
Common physical injuries in dog bite cases include:
- Puncture wounds,
- Broken bones,
- Torn tendons or ligaments,
- Infections from bites, and/or
If you have a physical injury, you can also claim mental anguish connected to the attack. As long as the emotional distress is noted and treated by a doctor or therapist, it can be added to a claim.
An Omaha Dog Bite Lawyer Could Pursue Negligent Dog Owners
Under Omaha law, all dog owners are responsible for the actions of their animals. Even if the dog has never been aggressive before, owners are still strictly liable. The damages in these cases can be severe and defendants are legally responsible to pay for them.
An Omaha dog bite lawyer at Inkelaar Law could pursue dog owners or landlords who permit the animals to be on their property for the medical costs and mental anguish that follow these incidents. All claims must be filed no more than four years from the date of injury, so time may be critical in your case. Contact Inkelaar Law today to get started.