What is the one-bite rule in Idaho? Idaho employed a one-bite rule for many years before instituting strict liability laws. This change made owners responsible regardless of whether or not their dog had a history of aggression.
As such, if you have suffered dog bite injuries due to a negligent owner, then an Idaho personal injury lawyer can help you hold them accountable for their actions.
Idaho’s One-Bite Rule and Changing Legislation
The rules for dog bites were modified in 2016 when Idaho ended its previously held one-bite rule. This rule had long said that dog owners were not necessarily liable if their dog had no history or signs of aggression. While this did not necessarily absolve a dog owner of negligence, it did put more of the burden on the victim to establish the owner’s negligence and required more evidence.
As it stands now, Idaho uses strict liability. This means that dog owners can be held responsible regardless of their dog’s history. Dog owners are expected to keep their dog under control at all times and make sure it does not cause harm to other people. When they fail to keep their dog restrained or take other steps to ensure safety, they can be held liable.
Liable dog owners are required to make restitution for the injuries their dog causes. As such, negligent dog owners must pay for a victim’s expenses and other losses. Victims must provide evidence during the claim process to demonstrate the owner’s liability in order to recover compensation.
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Exceptions to Idaho’s Dog Bite Rules
Even though dog owners do not have the protections of Idaho’s one-bite rule anymore, there are still a few conditions that can limit a dog owner’s liability and prevent you from recovering compensation for the injuries you have sustained. These exceptions are often instances where the dog’s actions are considered justifiable. According to Idaho Code 25-2810, these situations include:
- Justified provocation
- Dog was protecting a person from imminent threat of harm
- Dog was protecting against a trespasser on the property
- Intentional abuse of the dog by another person
- Dog acted out of pain or protecting its young
- Interference while dog was legally fulfilling duties as a hunting or herding dog
- Interference with a service animal performing its duties
- Person stepped between two dogs to break up a fight
When resolving dog bite claims, the reasonableness of the dog’s actions is often evaluated for context and clarity for how to move forward. In the situations above, there is a reasonable expectation that a dog may act out in self-defense or defense of others. However, when a dog bites another human for no reason, owners become liable for their dog’s behavior and the resulting accident.
Establishing a Dog Owner’s Negligence Under Idaho’s Strict Liability Rule
To win a case and recover damages for a dog bite, the dog’s owner must be held liable for their actions. This means that evidence must be submitted that connects the dog owner’s actions to the injurious outcome. As such, liability must be established step-by-step before you can recover compensation for your losses. This means that the following must be shown:
- Duty of care: The dog owner was responsible for keeping their dog under control so they did not cause harm to anyone, regardless of their history.
- Breach of duty: When the dog’s owner was careless and did not take steps to prevent harm, they failed to uphold their responsibilities.
- Causation: The owner’s actions resulted in the dog biting you and causing you to suffer harm.
- Damages: At this point, a dog owner can be held accountable for the damages they caused and must provide compensation.
This process is a staple of the claim process and was required under Idaho’s old one-bite rule and under its current strict liability laws. Evidence must be provided to support the claim, so there is no question about the owner’s responsibilities and negligence.
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Recovering Damages for Your Dog Bite Injuries
Dog bites can cause extensive damage and require significant medical care. Treatment, potential surgery, wound management, and more can add up quickly. Recovering damages becomes increasingly important, so you have resources to cover the cost of your care and losses. Your lawyer will discuss what to know about compensation for dog bite injuries, and help you recover the following, as applicable:
- Medical expenses
- Lost wages
- Property damage
- Funeral and burial expenses
- Pain and suffering
- Emotional distress
- PTSD, anxiety, and depression
- Diminished quality of life
- Loss of enjoyment
- Loss of consortium
The total amount of your settlement will depend largely on the extent and severity of the injuries you have suffered. Your losses will be assessed and calculated to determine the current and lifetime costs of your case. Your lawyer will use this information to negotiate a fair settlement for your losses. They will also resolve your case before the two-year limitation of actions expires, preventing you from further action.
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What to Do After Sustaining a Dog Bite
Regardless of the different laws, dog bites are incredibly dangerous and can cause serious injuries. Dogs have strong jaws that can hold tight and tear through multiple layers of skin and tissue. These traumatic injuries may require considerable medical treatment. There is also a high risk of infection in dog bite wounds. It is important to know how to treat your injuries after a dog bite to minimize damage.
You should apply pressure to the bite immediately after it occurs to stem blood flow, and then carefully cleanse the site with soap and water. Bandage the wound to keep your injury as sterile as possible and seek medical attention right away. This is essential for limiting harm and having evidence to provide in your claim against the dog’s owner.
Consult Siegfried & Jensen Today
Siegfried & Jensen understands the pain and expenses you are dealing with after a dog bite injury. We help you recover your losses by holding negligent dog owners responsible.
Our team advocates for you and protects your right to compensation and justice. To understand your options now that the one-bite rule in Idaho no longer exists, reach out to Siegfried & Jensen today to schedule a free consultation.
Call or text (801) 266-0999 or complete a Free Case Evaluation form
