February 24, 2018 | Dog bite, General

Written by: Frank Younes

Ouch, you have been bitten by a dog. What should you do? This post is intended to answer your questions if you have suffered a severe dog bite injury. If an unfamiliar dog has bitten you, you need to take immediate action to protect yourself and determine your course of treatment. Dog bites can be the source of nasty infections, scarring, and even rabies. Many severe bites will require sutures, injections, and can cause permanent scarring. If bitten by a dog, we recommend the following actions:

1. Determine if the dog’s owner is present.
2. Keep an eye on the dog and try your best to keep your distance but not let it run away.
3. Call 911 for law enforcement assistance. They will generally come out and make a report as well as contact your local humane society to discover the dog’s ownership and vaccination history. They can also have the humane society come out to take the dog in for testing.
4. Seek medical treatment.
5. Follow your physician’s treatment plan.

In Nebraska the dog owner is strictly liable for any injuries you suffered because of being bitten and attacked by the dog. Nebraska law provides:
Dogs are hereby declared to be personal property for all intents and purposes, and, except as provided in subsection (2) of this section, the owner or owners of any dog or dogs shall be liable for any and all damages that may accrue (a) to any person, other than a trespasser, by reason of having been bitten by any such dog or dogs and (b) to any person, firm, or corporation by reason of such dog or dogs killing, wounding, injuring, worrying, or chasing any person or persons or any sheep or other domestic animals belonging to such person, firm, or corporation. Such damage may be recovered in any court having jurisdiction of the amount claimed. Neb. Rev. Stat. §54-601(1).

Also, if you live in the Omaha, Nebraska area you are further protected by the Omaha Municipal Code that provides, “It shall be unlawful for the owner of a dog or cat to allow or permit his dog or cat to damage the property of others or to cause bodily injury.” §6-148.

The Nebraska Court of Appeals has also weighed in on the issue of liability for dog bites in State v. Ruisi, 616 N.W.2d 19, 9 Neb.App. 435, 442 (Neb.App. 2000), the Nebraska Court of Appeals reviewed the dog bite statutes and stated, as follows:

[C]ases regarding Nebraska’s civil dog bite statute are instructive. In Holden v. Schwer, 242 Neb. 389, 495 N.W.2d 269 (1993), the court reiterated that Nebraska’s dog bite statute, Neb.Rev.Stat. § 54-601 (Reissue 1998), is based on strict liability. That statute provides in part that “the owner or owners of any dog or dogs shall be liable for any and all damages that may accrue (1) to any person, other than a trespasser, by reason of having been bitten by any such dog or dogs.” The court in Holden stated: “Section 54-601 has been applied a number of times by this court and has been found to make an owner strictly liable for injuries inflicted by his dog without any proof that the owner knew of the dog’s dangerous propensities.” 242 Neb. at 392, 495 N.W.2d at 271. See, also, Guzman v. Barth, 250 Neb. 763, 552 N.W.2d 299 (1996); McCullough v. Bozarth, 232 Neb. 714, 442 N.W.2d 201 (1989); Paulsen v. Courtney, 202 Neb. 791, 277 N.W.2d 233 (1979). In Donner v. Plymate, 193 Neb. 647, 650, 228 N.W.2d 612, 614 (1975), the court stated: “Dog owners are statutorily liable for any and all damage without proof of scienter or knowledge of dangerous propensities of their dog for biting … persons.” Referring to this language, the court in Paulsen, 202 Neb. at 795, 277 N.W.2d at 235, found: “It is, therefore, beyond question that section 54-601, R.R.S.1943, creates a cause of action based upon strict liability on the part of a dog owner.”

Often your injuries may even be covered by the dog owner’s home owners’ insurance policy or renters’ insurance policy, so long as it is not an excluded breed, and you can submit a claim to their insurer.

When you have suffered a severe dog bite, your recoverable damages generally include medical expenses, lost wages, pain and suffering, and disfigurement (depending on the location and severity of the permanent scarring). The amount you can recover depends from cases to case but some past verdicts include:

• In Monica S., v. Nguyen, No.A-10-011 (Neb. Ct. App 2011), following a bench trial the Lancaster County District Court entered a judgment of $160,988.20 against a dog owner, in a case where a child was bit by a dog.
• In Garza v. Bohac 1999 WL 33236389, a Verdict of $25,000.00 was entered for a 26 year old woman bit by a dog. There the plaintiff asserted causes of action for negligence, failure to warn, and strict liability.
• In Franco v. Anderson 1999 WL 33236364, a verdict of $25,000.00 was entered against the dog owner where past medical expenses amounted to $4,393.00.
• In Silvils v. Stone, 1990 WL 457616, a verdict of $20,500.00 was entered against the dog owner for biting the arm of a 47 year old man and leaving scarring on his forearm. Medical expenses only totaled $1,950.00.
• In Hummer v. Childers, CI 11-3585, Lancaster County District Court, a jury verdict of $45,000.00 was made to a minor child that sustained a dog bite to her right arm.

If you have suffered a severe dog bite feel free to contact our office for a free consultation at (402)933-3345. As with all personal injury cases you do not have to pay attorneys’ fees out of pocket rather they are based on a contingency fee whereby we collect our fee from whatever we recover for you.

About the Author: Frank Younes

Frank Younes is a Nebraska native who earned his Juris Doctor from Creighton University School of Law. Prior to that he obtained a Bachelors of Science in Business Administration. The combination of these types of education has provided him with a sharpened focus on applying his legal education to the business world. While attending law school he gained additional legal experience working as a law clerk in the District Court, where he assisted the District Court Judges in determining the outcomes of various types of cases. He then went on to be mentored by one of the most respected members of the Omaha legal community.

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