If a dog owner fails to take reasonable steps to prevent their dog from causing harm, they can be held liable for injuries caused by their negligence. This includes failing to restrain a dangerous dog, ignoring local leash laws, or failing to warn others about a dog’s aggressive behavior.
Our legal team specializes in helping victims of dog bites file claims against negligent dog owners and pursue the compensation they deserve.
What Constitutes Dog Owner Negligence?
Understanding Dog Owner Liability in Dog Bite Cases
New Mexico generally follows a “one-bite” rule for dog bite cases, rather than strict liability. This means that dog owners are typically held liable only if they knew or should have known about the dog’s dangerous propensities. To hold an owner liable, it must be shown that the owner was aware of their dog’s history of aggression or failed to take reasonable steps to prevent the attack, such as complying with leash laws or properly restraining the dog.
However, exceptions apply, such as if the dog was provoked or the victim was trespassing at the time of the attack.
- Failure to Restrain the Dog: While New Mexico uses a negligence standard for dog bites, proving additional negligence—such as letting a dog roam without a leash—can strengthen claims involving non-bite injuries or violations of local ordinances
- Ignoring Aggressive Tendencies: Even if the dog has never shown aggression, owners may still be held liable under New Mexico’s negligence law if they fail to control their dog. Proving negligence, such as failure to restrain a dog with a known history of aggression, can be relevant for non-bite injury claims or in certain scenarios.
- Violating Local Leash Laws: Violating Albuquerque’s leash laws can bolster a claim for negligence and potentially lead to additional penalties, but strict liability under New Mexico law applies regardless of whether local leash laws were violated, as long as the victim was not trespassing or provoking the dog.
- Failure to Warn: If the dog owner did not warn visitors or others about the dog’s dangerous tendencies—such as failing to post signs or provide verbal warnings—this may also constitute negligence.
- Failure to Secure the Property: If the dog owner failed to secure fencing or gates, allowing the dog to escape and attack someone, they may be held liable for the resulting injuries.
Negligence in dog bite cases can lead to serious injuries, and holding the owner accountable is essential for obtaining compensation and preventing future incidents.
How to Prove Dog Owner Negligence
Establishing the Dog Owner’s Responsibility for the Attack
To successfully file a dog owner negligence claim, you must prove that the owner’s failure to act responsibly caused the dog bite. The key elements involved include:
- Duty of Care: The dog owner has a legal obligation to prevent their dog from harming others. This includes adhering to local leash laws and taking reasonable steps to control aggressive dogs.
- Breach of Duty: If the dog owner failed to fulfill their duty by not properly controlling or restraining the dog, they have breached their duty of care.
- Causation: You must show that the dog owner’s negligence directly led to the dog bite and the resulting injuries. For example, if the dog escaped due to a faulty gate and bit someone, the owner’s failure to secure the gate can be linked to the attack.
- Damages: You must prove that the dog bite resulted in actual damages, such as medical bills, lost wages, emotional distress, or pain and suffering.
Our legal team will thoroughly investigate your case, gathering evidence such as witness statements, medical records, and local law violations to build a strong claim of negligence against the dog owner.
Common Examples of Dog Owner Negligence
Real-World Scenarios Where Owners Fail to Prevent Dog Attacks
Dog owner negligence can occur in many ways. Some common examples include:
- Unleashed Dogs in Public: The owner allows their dog to run loose in a public park, and the dog bites someone.
- Failure to Secure the Dog on Private Property: A dog owner leaves a gate open or has a broken fence, allowing their dog to escape and attack a passerby.
- Dog Off-Leash in a Leash-Law Area: The owner disregards local leash laws and lets their dog roam freely in a park, leading to an attack.
- Failure to Warn Guests: If the dog owner failed to warn visitors or others about the dog’s dangerous tendencies—such as not posting warning signs or giving verbal warnings—this can be considered negligence and strengthen your claim.
- Allowing a Dangerous Dog to Roam Free: An owner with a known aggressive dog lets the animal out in public without proper control, resulting in an attack.
Each of these scenarios involves a failure on the part of the dog owner to take reasonable precautions to protect others, leading to preventable injuries.
How We Can Help You File a Dog Owner Negligence Claim
Our Legal Team Will Help You Seek Justice and Compensation
We have extensive experience holding negligent dog owners accountable for the harm they cause. Our team is dedicated to ensuring you receive fair compensation for your injuries and that the negligent dog owner is held responsible. Here’s how we help:
- Investigate the Incident: We will conduct a thorough investigation, gathering evidence such as police reports, witness statements, and any documentation of previous incidents involving the dog.
- Determine Negligence: Our team will analyze the facts of the case to establish how the dog owner’s actions (or lack of action) constituted negligence.
- Negotiate with Insurance Companies: We’ll handle all negotiations with the dog owner’s insurance company to secure a fair settlement that covers your medical bills, lost wages, and pain and suffering.
- Litigate if Necessary: If the insurance company does not offer a fair settlement, we are prepared to take your case to court to ensure that justice is served.
Our goal is to make the legal process as smooth as possible while fighting for the compensation you deserve.
Signs You May Have a Dog Owner Negligence Claim
How to Know if You’re Eligible to File a Negligence Claim
- The Dog Was Not Properly Restrained: If the dog was unleashed, not behind a fence, or otherwise improperly restrained at the time of the attack, you may have a claim.
- The Dog Had a History of Aggression: If the dog had previously bitten someone or shown aggressive behavior, and the owner failed to take action, you may be able to hold the owner responsible.
- Local Laws Were Violated: If the dog owner violated local leash laws or other regulations, this could strengthen your negligence claim.
- You Were Lawfully on the Property: If you were a guest, visitor, or worker on the dog owner’s property and were bitten without being warned about the dog’s behavior, the owner could be liable.
If these factors apply to your situation, it’s important to consult with an attorney as soon as possible to discuss your legal options.
Frequently Asked Questions
FAQs About Dog Owner Negligence Claims
What if the dog had never bitten anyone before?
In New Mexico, liability for dog bites is based on negligence, meaning the victim must prove that the dog owner failed to exercise reasonable care in preventing the bite, such as by not restraining the dog or ignoring local leash laws.
How long do I have to file a negligence claim?
In New Mexico, the statute of limitations for filing a personal injury claim, including dog bites, is three years from the date of the incident.
Can I still file a claim if the owner says the bite was my fault?
Yes. Even if the dog owner claims that you provoked the attack, you can still pursue a negligence claim. Our team will investigate the circumstances and build a strong case on your behalf.