South Dakota personal injury laws dictate how a victim may proceed after a dog attack. Under the one-bite ruling, the victim has the legal right to file a claim against the owner. The primary focus of the claim is to prove that the animal behaved in an aggressive manner and is a risk to society.
Where to Start
The first step to prove that the pet owner is accountable is to visit a doctor or emergency room to acquire medical care. All dog attacks are reported to the Department of Animal Control for the county in which the attack occurred. Once the report is filed, the animal control officer issues a notice to the pet owner.
Under the applicable rabies laws, the dog must enter into quarantine for at least twelve days. This allows a licensed vet to evaluate the animal’s behavior. The vet’s findings are reported back to the animal control officer.
If the animal behaves in aggressive manner, the animal control officer may require euthanization for the animal. If not, the animal is released to the pet owner. Victims who were attacked by a dog in their neighborhood should contact an Injury Lawyer in Rapid City SD now.
Justification for the Attack
There are only two probabilities to justify a dog attack. If the victim provoked the animal deliberately or entered the property unlawfully, the dog is within its rights to protect itself or property. When this is the case, the court won’t identify the dog’s behavior as aggressive or as a threat to the public. However, the victim must prove that they were either invited onto the property by the owner or via a job requirement. They must also prove that they didn’t provoke the animal.
Dog attacks may produce devastating injuries. Victims who were attacked by a local dog must present clear evidence of their attack to the court. If the attack produced a long-term injury or disability, the court may determine that the animal poses a valid threat to society. At any time that a fatality is produced, the laws may require euthanization. To learn more about these proceedings, contact an Injury Lawyer in Rapid City SD for more information.
