Establishing Liability in Omaha Dog Bite Cases
The injured party is tasked with establishing liability in Omaha dog bite cases. To do this, the injured individual must first determine the dog’s owner. Then he or she should establish the facts of what happened and why it happened. There are certain situations that may arise that would prevent liability from being proven, such as if the injured person was trespassing. Establishing liability in Omaha dog bite cases is essential for the injured party to recover damages. Therefore, if you have been injured by a dog, consult with a dedicated dog bite injury attorney at Inkelaar Law. Our personal injury lawyers have experience handling these types of cases and helping individuals get the compensation he or she deserves.
Investigating the Facts of the Case
The process of establishing liability in Omaha dog bite cases involves informing law enforcement and having them assess the situation. Law enforcement will investigate the facts and may issue a citation to the dog owner. This process does not take long as liability is going to be placed on the owner of the dog who injured the plaintiff. If it is a stray dog and nobody knows the owner, then it may be difficult to assign liability.
Gather Evidence in Dog Bite Cases
Investigative tactics involved in establishing liability in Omaha dog bite cases include eyewitness accounts. Eyewitness testimony is commonly used as evidence in dog bite cases. An attorney will also look to see if there is any video footage of the incident. The lawyer may gather the medical bills of the injured person to show the seriousness of the dog bite injuries. The injured person can also hire an investigator to recover information about the dog. If the dog owner is unknown but the description of the dog is unknown, then the investigator can determine the actual dog owner.
Leash Laws in Omaha
In Omaha, the leash laws require that an individual has his or her dog on a leash when it is not on his or her property. Anytime a dog is not on its owner’s property, it must be leashed. However, there are exceptions to leash laws, such as dog parks and other dog designated areas. Regarding regular parks and trails, the owner should have the dog on a leash.
It is important for you to note that leash laws do not impact liability very much. Leash laws are in place to prevent dog bites from happening. Therefore, if a person’s dog injures someone, then the dog owner is liable whether the dog is on a leash or not.
Nebraska is a comparative fault state, which means that the plaintiff can recover damages as long as he or she is not found to be more than 50 percent at fault for the incident. For instance, if the damages are $10,000 and the injured individual is found to be 30 percent at fault, then he or she will be awarded $7,000. However, if he or she is found to be 51 percent at fault or higher, then he or she is barred from recovering damages. For more information about establishing liability in Omaha dog bite cases, contact one of our knowledgeable attorneys at Inkelaar Law.