When Does a Dog Bite Infection Become a Legal Issue?

Legally Reviewed and Edited by: Terry Cochran

Dog bite infections account for 10-15% of all dog bite injuries, with severity ranging from those that break the skin to those that kill the victim. The severity and damages from a dog bite determine whether it becomes a legal issue or just another encounter with an animal.

Under Michigan laws, victims of dog bite infections can file a claim if they meet the legal definitions of a personal injury suit. If you are concerned whether your case qualifies, our dog bite lawyers will assess your case and help file a claim if you qualify.

What is a Dog Bite Infection?

A dog bite infection is any disease caused by harmful bacteria from a dog’s mouth. When a dog bites you and leaves its saliva in the wound, it can introduce hundreds of harmful bacteria, including Pasteurella, Staphylococcus, and Streptococcus. These bacteria from dog bites can cause mild to severe infection. The severity of a dog bite infection depends on:

• The location and depth of the dog bite (bites on hands and legs are at a higher risk of infection
• How long it takes to clean the wound after a dog bite
• Your preexisting health conditions
• The breed, health, and vaccination status of the dog

Common Dog Bite Infection Symptoms

The symptoms of a dog bite infection typically show up within the first 24 hours of being bitten. Recognizing these symptoms and taking the necessary precautions can help prevent the infection from developing into a life-threatening condition.

Here are the common symptoms of a dog bite infection:

• Increasing pain around the wound
• Redness, swelling, or warmth at the bite site
• Pus or fluid discharge
• Fever and chills
• Swollen lymph nodes
• Limited mobility in the affected area

If left untreated, these symptoms could result in serious complications from a dog bite, such as cellulitis, abscesses, sepsis, and tissue necrosis. These complications may mean you stay longer at the hospital, pay more, and take longer to recover from your injuries.

In rare cases, dog bite infections can result in osteomyelitis, necrotizing fasciitis, lymphedema, and neuropathy.

Medical vs. Legal: Where’s the Line?

It is very easy for a dog bite to escalate from a medical issue into a legal issue, especially when it results in a serious infection. The Dunbar bite scale is useful in assessing the severity of dog bites. It operates on a six-level scale, with level one being the least severe and level six being the most severe and deadly dog bites.

Attorneys also use this scale when determining how severe your dog bite infection was and the compensation you may seek for your injuries.

In addition to this scale, Michigan has laws that hold dog owners accountable for any injuries they cause. MCL § 287.351 makes owners strictly responsible for their dogs’ bites even when the dog has not previously shown signs of aggression or bitten another person.

Under this statute, you can file a personal injury lawsuit against a dog owner if you can prove these elements:

• You were on public property at the time of the dog bite (or you were lawfully on private property, including the dog owner’s home)
• The owner’s dog bit you
• You did not provoke the dog

While the legal and medical aspects of a dog bite case deal with different issues, they are often interconnected. Complications from dog bite infections can lead to increased medical costs, prolonged recovery times, permanent issues, and difficulties returning to work.

These factors also influence your dog bite injury claim as they determine how you calculate damages and negotiate compensation for your injuries.

A dog bite claim might include compensation for:

• Current and future medical bills
• Lost wages
• Pain and suffering
• Psychological trauma

Evidence That Strengthens Your Case

Evidence is the basis of a strong dog bite infection lawsuit. The more detailed your evidence is, the more likely you are to recover compensation for your injuries. Your evidence should prove that you were injured and that the dog owner is responsible for your injuries. Some of the elements you must prove in a dog bite infection claim include:

• The dog belongs to the defendant
• The dog attacked you
• The dog’s attack caused your injuries
• You incurred damages as a result of the injuries

Since Michigan is a strict liability state in dog bite cases, you do not have to prove that the owner was negligent or in the wrong. However, the owner can defend themselves by asserting that you were trespassing on their property or provoked their dog to attack.

There are different types of evidence you can collect when filing a dog bite injury claim. Photographic evidence is the first type of evidence. Take time-stamped pictures of the injury immediately after the dog attacks you or your loved one. These photos may include the dog itself, the injury, and the scene of the attack.

The second type of evidence you need is your medical records. You should seek medical care immediately after a dog bite for several reasons:

• It begins a chain of evidence linking your injuries to the dog bite
• Your medical records can be used as indisputable and objective evidence of the extent and severity of your injuries
• Your attorney can use your medical records to quantify your pain and suffering damages, as these are often abstract
• Your medical records include billing information that captures all the medical costs incurred to treat the dog bite infection

If possible, collect witness statements from witnesses who saw the attack or have been victims of the dog’s aggressive behavior. Although Michigan does not require a dog to have previous instances of aggression to qualify as a legal claim, showing that the dog has aggressive tendencies can strengthen your case.

It could also result in additional action, such as animal control euthanizing the dog to prevent it from injuring others.

In addition to witness statements, report the dog bite to your local animal control office or the police. This report can help establish a link between the specific dog and your injuries, thereby strengthening your claim.

How a Dog Bite Injury Lawyer Can Help

You can handle a minor dog bite claim without an attorney. But if a dog bite caused severe injuries and significant medical costs, working with a dog bite injury lawyer will improve your chances of fair compensation.

An attorney can help you in several ways:

• They evaluate your case to determine whether your dog bite injury qualifies as a legal issue
• They help you establish liability by considering factors such as how the animal attack happened, where you were, and what led up to the dog’s attack
• Attorneys are also skilled at valuing personal injury claims. In addition to the costs you’ve incurred for medical treatment or rehabilitation, they can help you calculate future damages and non-economic damages
• Dog bite attorneys often liaise with expert witnesses, such as medical professionals, to demonstrate the extent and impact of your injuries
• They apply their knowledge of Michigan’s personal injury and strict liability laws to build a strong case when seeking compensation on your behalf
• Their familiarity with the law means they also understand the legal claims process. Therefore, they will guide you when filing paperwork and submitting it within the statute of limitations
• They are familiar with the tactics insurance companies use when negotiating dog bite settlement claims. Therefore, they can develop a negotiation strategy that puts your interest first and ensures that the dog owner’s insurance company compensates you fairly for your injuries
• They provide legal services on a contingency basis, meaning there’s no strain on your finances if you decide to file a dog bite infection lawsuit.

Find a Dog Bite Attorney in Michigan

A dog bite infection can quickly escalate from a painful inconvenience to a serious medical emergency with significant legal implications.

If you or someone you love has had their life changed by a dog bite infection, get the legal representation you need. Speak with our compassionate, knowledgeable Cochran, Kroll, & Associates, P.C. attorneys. We can review your case and guide you through the dog bite infection lawsuit. Contact us today for a free, no-obligation consultation.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-642-4529 and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.