Injuries caused by a pit bull attack can be devastating. Tragically, sometimes, these animal attacks are so awful that the victim succumbs to their injuries. And, in nearly all of these cases, the attack was preventable. All too often, pit bulls are owned and kept by adults who do not realize the inherent danger posed by a pit bull. If you have lost a loved one to a pit bull attack, trust the experienced litigation attorneys of Maginnis Howard. Our team will fight to make sure that those responsible for the loss of your family member are held accountable.
The Data
The 2015 statistics on wrongful deaths caused by pit bull attacks are staggering. Nationwide, there were 34 fatalities caused by dog bites. Of these deaths, 28 were caused by pit bulls, despite the fact they make up only 6.6% of the total dog population in the United States. Tragically, the majority of pit bull attack deaths involve small children under the age of 9 and the elderly. These groups cannot defend themselves against a pit bull attack as a grown adult may be able to.
Damages
A negligence case involving a death by a pit bull is similar to any other type of wrongful death case. Specific “damages” may be recovered from the negligent owner of the dog or any other responsible party (such as a landlord). Those damages include compensation for:
- The expenses for the care, treatment, and hospitalization of your family member caused by the pit bull attack;
- The pain and suffering experienced by your loved one before their death;
- Funeral expenses;
- The lost “net income” of your family member and
- The loss of your family member’s “services, protection, care and assistance,” and “society, companionship, comfort, guidance, kindly offices, and advice.”
If it can be proven the pit bull owner acted willfully and wantonly in causing the injury, such as if they regularly fought the pit bull, punitive damages may also be recoverable. These damages are not intended to compensate for any harm but solely to punish the pit bull owner.
Establishing Negligence
Establishing that a pit bull owner was negligent and, therefore, legally liable for the death of your loved one is not as simple as some folks might believe. An insurance company will not automatically “accept liability” and pay the limits of its insurance coverage just because its insured owned the dog and the dog caused a death. On the contrary, many insurance companies will deny responsibility for making any payment, arguing that there is no evidence the pit bull previously bit anyone else. Therefore, they are not liable under North Carolina’s “one bite rule.”
Because insurers often take this stance, it can be necessary to hire a wrongful death attorney to litigate the case. Many times, there is, in fact, evidence that the dog previously bit someone else, but the insurer did not investigate. Oftentimes, neighbors are great sources of evidence about the dog. Even if the pit bull did not previously bite someone else, an expert witness such as a veterinarian can help establish that even without evidence of a prior bite, a pit bull owner should be on notice of a pit bull’s inherently dangerous and vicious propensities. With this evidence that the pit bull owner was on notice of the dog’s dangerous propensities, the owner’s liability can be established even without proof of a prior bite.
Hiring a Pit Bull Attack Attorney
Maginnis Howard regularly assists victims of vicious pit bull attacks and families in wrongful death cases. We offer a contingency fee agreement where you owe no attorneys’ fees until we recover a settlement on your behalf. Our firm has extensive experience litigating complex wrongful death claims, including pit bull attacks. We represent clients across the Carolinas in Raleigh, Fayetteville, and Charlotte. You can visit our contact page to send a confidential case inquiry and set up a free consultation.
