Dogs are often friendly and playful, but they can also be aggressive and intimidating. Even a dog that is usually friendly can suddenly become aggressive toward humans with little warning or provocation. People injured by dogs are often unsure of what rights they have. After all, the rules about dog owner liability are different from one state to the next.
In New Mexico, liability often falls to the owner. However, the person injured by the animal generally needs to prove that they were somewhere they could legally be. They also need to show that the dog’s owner likely knew they were dangerous.
How can the victims of dog bite attacks establish that owners knew their dogs were aggressive?
Through the owner’s admissions
Sometimes, dogs attack people who know the animal’s owner. They may have previously heard stories about the animal becoming aggressive or may receive a warning when they visit the owner.
Other times, the victim might be a professional, like a delivery driver, dropping off a package at a property. Instructions provided by the recipient indicating that the dog might become aggressive and to leave the package in a certain location can be evidence that the owner knew the animal was a risk to others.
In some cases, the owner might even post signs on the property indicating that an aggressive dog lives there. Verbal and written statements by the animal’s owner can serve as an admission of their awareness of the dog’s aggression.
Through official records
Occasionally, there is an official paper trail that can help establish that a dog has a history of aggression toward humans. There may have been a previous dog bite incident that resulted in medical treatment for a person or a police report.
Official records of an animal’s aggression can often be very compelling evidence in a dog bite injury scenario. The victims of a dog bite incident do have a burden of proof they need to meet. They must establish the losses the dog generated and also that the owner knew the animal was a threat to others.
Pursuing a dog bite injury lawsuit can potentially lead to an insurance settlement and compensation for the injured party. If animal owners don’t train or restrain an aggressive animal and harm results, the people injured by the animal may have the right to seek compensation.