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Those considering filing a dog bite claim in Rhode Island should be aware of a number of laws that can affect its outcome.
Strict liability
In Rhode Island, a dog's owner or keeper will be held strictly liable if the animal injures or kills another domestic animal or a human being while out of its enclosure or off the owner or keeper's property, regardless of whether the dog had previously displayed aggressive tendencies or not. However, if the attack occurred within the owner or keeper's property, the common law doctrine of the “one bite rule” will apply. In this case, the plaintiff must prove that the dog displayed an inclination to behave in a vicious manner prior to the attack.
Rhode Island's dog bite laws cover all types of injuries caused by a dog, not just bites. What's more, a dog owner will be liable for double damages if the same dog attacks again.
Comparative fault
If the plaintiff was found partly to blame by the courts, the amount of damages will be reduced by the degree of fault. For example, if damages amount to $20,000, and the plaintiff was found to be 50 percent at fault, he or she will be entitled to only $10,000, or half of the damages.
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Statute of limitations
In Rhode Island, plaintiffs who seek compensation for their or their animals' injuries generally have up to three years from the date of the attack to file a lawsuit. Failure to file within the time limit can lead the courts to dismiss the case.
In light of the strict deadline imposed by the statute of limitations, it is imperative to seek the advice of an attorney with experience in dog bite cases and knowledge of the state's laws governing them as soon as possible.
In Rhode Island, Atty. Ann Sheeley reviews each dog bite case personally and conducts an investigation to establish the dog owner's liability, a necessary step in ensuring a good legal outcome. She also works with medical professionals to ascertain the treatment that her client will need to recover from the attack and to determine the value of her client's other economic and non-economic losses. She guides her clients through each stage of the process, helping them obtain compensation that is due them.
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