Omaha Dog Bite Attorney

Understanding Dog Bite Laws in Omaha

Dog bite incidents in Omaha are governed by Nebraska's strict liability laws. These laws hold dog owners accountable for injuries caused by their pets, irrespective of the animal's prior behavior. This means that a victim does not need to prove that the dog had shown aggression before. This legal framework is designed to protect victims and encourage responsible pet ownership throughout the community.

Victims should be aware of Nebraska's statute of limitations for filing a lawsuit, which generally allows four years from the date of injury. However, specific circumstances, such as incidents involving minors, may alter this timeline. Understanding these nuances is crucial and highlights the importance of legal counsel in navigating the complexities of filing within the required timeframe to seek appropriate compensation.

Contact our Omaha dog bite lawyer by calling (402) 858-0996 today!

Common Dog Bite Injuries

Dog attacks often lead to catastrophic or even fatal injuries, particularly when the dog is large or vicious, or when the victim is a child.

Some of the most common dog bite injuries include:

• Puncture wounds
• Deep cuts and tears in the skin (lacerations)
• Broken bones/fractures
• Eye injuries
• Head, neck, and face injuries
• Traumatic brain injuries
• Internal bleeding
• Soft tissue injuries and organ damage
• Significant blood loss (hemorrhaging)

Is Nebraska a One-Bite State?

When it comes to dog bite cases, most states follow either a “one-bite” rule or have a strict liability statute. Nebraska follows the strict liability rule for dog bites; it is not a one-bite state.

Under the one-bite rule, dog owners or keepers can typically only be held accountable when their pets bite someone if the injured individual can prove that the owner knew about or should have known about the dog’s propensity to be aggressive. This is referred to as the “one-bite” rule because dogs may get a “free pass” for the first bite if the owner had no reasonable way to know that the dog would act aggressively. But, if the dog had bitten someone before or had otherwise acted aggressively toward another human or animal, the owner can be held accountable for the first bite or any subsequent bite if they failed to take reasonable measures to restrain the dog or otherwise prevent injury.

Under strict liability, dog owners or keepers can be held accountable for any injuries or damages caused by their dogs, regardless of negligence. In other words, you do not have to prove that the owner acted negligently or had any reason to believe the dog would bite or act aggressively to have a dog bite injury case in Nebraska.

Damages in Dog Bite Cases

If you or someone you love was bitten by a dog, you are likely facing significant physical, emotional, and financial challenges as a result of the attack. At Carlson & Blakeman, LLP, we believe you should not have to face these difficulties on your own. Our Nebraska and Iowa dog bite lawyers can fight to hold the dog owner or keeper accountable for your damages, allowing you to recover the resources you need to obtain proper medical treatment, manage everyday expenses, and, most importantly, heal.

Depending on the specifics of your case, we may be able to help you recover the following damages:

• Emergency medical care
• Ongoing and future medical treatments
• Surgery and hospitalization costs
• Medications
• Medical equipment and devices
• Rehabilitation
• Pain and suffering
• Emotional distress and trauma
• Counseling and/or therapy
• Diminished quality of life
• Disfigurement
• Lost income or wages
• Loss of earning capacity

We strive to maximize our clients’ recoveries so that they can get back on their feet and move forward with their lives. Throughout the process, our team will be here to provide the answers and guidance you need.

Can You File a Personal Injury Claim If a Dog Injured You Without Biting You?

Under Nebraska’s Revised Statute 54-061, you can file a personal injury claim if you are injured by a dog without actually being bitten. The statute holds dog owners and keepers strictly liable for any injuries or damages caused by their dogs, and you do not need to prove that the owner or keeper was negligent to have a case.

For example, if you were jogging through a public park where leash laws were in effect and a loose dog ran up to you, jumped on you, and knocked you down, causing you to break your wrist and suffer a concussion, you would have a claim against the dog owner. In this instance, you could argue that the owner was negligent by allowing their dog to roam free in a public area, but you would not necessarily need to prove the owner’s negligence to seek compensation for your damages.

Are There Exceptions to the Strict Liability Dog Bite Statute?

There are some notable exceptions to Nebraska’s strict liability dog bite statute. These include:

• Trespassing: In general, dog owners and keepers are not considered strictly liable for injuries or damages caused by their dogs when the injured person was trespassing on private property when the incident occurred.
• Active-Duty Animals: Dogs and other animals that are on active duty as either police or military animals are not beholden to the state’s strict liability statute. In other words, you generally cannot file a claim if you were injured by an active-duty police dog or military dog.
• Provocation: Another common defense for dog owners is when the injured individual is found to have provoked the animal, leading to the attack or bite. If the court finds that you provoked the dog that bit you, you may not have a case.

Every situation is unique. Even if you believe that you may not have a case, we encourage you to reach out to our Nebraska and Iowa dog bite attorneys at Carlson & Blakeman, LLP. We can assess your claim and conduct an extensive investigation to determine exactly what happened and who is liable.

Steps to Take Immediately After a Dog Bite

After a dog bite incident, taking swift action is critical for both health and legal reasons. Immediate medical attention should always be the first priority, as bites can lead to serious infections or other complications. Ensuring documentation of injuries through medical records is also crucial for any future legal proceedings.

Preserve Evidence:

• Photographs: Capture images of the injury, the location of the incident, and the dog if possible.
• Witness Accounts: Gather contact information and statements from any witnesses present during the incident.
• Animal Control Report: File a report with Omaha Animal Control to have an official record of the incident.

Contacting a dedicated dog bite attorney in Omaha as soon as possible can also help secure the evidence and build a strong claim.

Experienced in Navigating Legal Complexities

Dog bite cases in Omaha can involve complex legal and procedural elements. At Carlson & Blakeman, LLP, our comprehensive understanding of Nebraska's legal system enables us to tackle these complexities with confidence. We pride ourselves on aggressive advocacy to secure favorable outcomes for our clients, whether through negotiation or litigation.

Our expertise extends beyond dog bite cases to various practice areas, allowing us to provide well-rounded support and advice on related matters such as compensation claims. This holistic approach ensures that every aspect of a victim’s needs is addressed, underscoring our commitment to comprehensive and empathetic legal support.

Furthermore, our firm’s commitment to staying updated on evolving local and state laws ensures that our clients benefit from the most current legal strategies. We continuously refine our approach based on legislative changes, ensuring proficient guidance that effectively addresses both routine and unique challenges faced by victims in dog bite incidents.

Contact Carlson & Blakeman, LLP Today

If you or a loved one has suffered from a dog bite in Omaha, Carlson & Blakeman, LLP is ready to provide the support and legal guidance you need. Our commitment to compassionate and strategic client care sets us apart as a leading choice for dog bite claims in Nebraska and western Iowa. Reach out to us today for a personalized consultation to discuss your legal options and begin the journey towards recovery. 

Don’t wait—take the first step towards justice and fair compensation by contacting us at (402) 858-0996. Your recovery is our priority, and we are here to assist you every step of the way.