Dogs are wonderful companions. However, these friendly pets can become aggressive when threatened or provoked. If you are attacked and hurt by someone else’s dog, you may deserve financial restitution for your damages through a premises liability claim.
However, based on established precedent, you will need to demonstrate that the pet owner acted negligently and that their actions (or inaction) are to blame for the dog attack. At the same time, it is important to prove that you did not purposely provoke the dog or had reason to believe the animal might act aggressively as this might impact your compensation amount based on New Mexico’s pure comparative negligence statute.
That said, here are two steps you need to prepare a successful premises liability claim in New Mexico:
Seek treatment as soon as possible
From puncture wounds to nerve damage, broken bones and lacerations, a dog attack can leave you with serious physical injuries. Left untreated, these injuries can lead to excessive bleeding and infection. Seeking immediate treatment will ensure that you receive an anti-rabies vaccination.
Seeking treatment also ensures that you obtain a doctor’s report that directly ties your injuries to a dog attack. This is crucial for litigating your premises liability claim in a number of ways. First, you will have evidence for your case. And, secondly, you will have a document to back up your medical bill claims.
Get ready to file your claim
Dog bite claims fall under personal injury lawsuits. Thus, to pursue damages against the pet owner, you must prove the four elements of negligence: duty of care, breach of duty of care, causation and damages.
With these established, you need to file your claim within the statute of limitations period. In New Mexico, you have three yearsfrom the date of the attack to file your premises liability claim. It is important that you do not miss out on the statute of limitations period.
Knowing what to dofollowing a dog attack is key to winning your premises liability claim.