Proving A Dog Attack Claim Has Been Exaggerated
Posted on: 1 October 2015
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If your dog is being accused of attacking someone, and you are positive the person is exaggerating their injuries to receive extra compensation, you will want to contact a personal injury lawyer to work in your behalf in proving the allegations are untrue. It is a bit difficult to prove a dog's innocence as each state has different laws in place protecting those claiming to be injured due to dog bites and attacks. With the right resources and the help of your attorney (like Jon D. Caminez, PA), you may be able to prove in a court of law that your dog had bitten someone due to provoking and not done aggressive attacking as they claim. Here are some tips to use when dealing with a false or exaggerated dog attack claim.
Follow-up On Medical Information
The person claiming to be attacked will most likely have gone to a hospital to receive help after the injury occurred. While this information will not be able to be obtained without proper credentials, your lawyer will be able to follow up on some of the medical information available. If the person is not seeing their doctor regularly or filling required prescriptions, they may not be as hurt as they claim to be.
Have Behaviors Documented
Go to your dog's veterinarian, behaviorist, groomer, and pet sitter and have each of them write you a detailed account about your dog's behavior each time they have dealt with it. This information will be able to be used to show your dog has not had any troubles in the past indicating it would be a threat to anyone in any way.
Take Photos Of the Area
If your dog supposedly attacked on your own property, take photographs of the area where it had happened to show your dog was securely held in a fence, on a chain, or in a dog house in your yard. The photographs may show the person claiming to get attacked had gotten too close to the area, possibly provoking the dog as they trespassed on your property. Your lawyer will be able to look at these photos to see if there are any indicators in the setup of your dog's area that may have posed a problem.
Retain Witnesses
Ask neighbors if they saw any suspicious behavior in your area, regarding people coming to your property around the time of the alleged attack. Someone may have seen someone yelling at or taunting your dog to have it become agitated. Have each neighbor write a statement about your dog's behavior to use to prove it was not a harm to those in the community.
Follow The Victim
Consider hiring a private investigator to follow the victim to see if they act normal when they are not in the public eye. Often someone who falsifies an insurance claim will let down their guard when they are not in view of lawyers and doctors. Have the investigator take photographic evidence if the person is doing activities an injured person would not do, helping to prove they had made up or exaggerated the attack claim.