Effectiveness of Waivers in Animal Attack Cases
In this video attorney Joy Robertson explains the effectiveness of waivers in animal attack cases. View the video below or see the transcript to hear Joy’s explanation for this frustrating topic.
Transcript: Hi, my name is Julian Robertson, I’m an attorney in Memphis, Tennessee. I help my clients obtain compensation after they suffer injuries related to an animal attack. So today I want to talk to you about the effectiveness of signs being posted to businesses or homes that are attempting to disclaim liability. So a common sign that you’ve probably seen posted whether on a business or on an individual’s home is the beware of dog sign. So a lot of people wonder if you know are these signs actually effective if you do have a vicious dog, and someone ignores that sign and then is it by your dog and attempts to see you. So the answer to that question is sometimes, and this is a common answer in this area of laws very very fact specific. So, something to keep in mind if you use a dog for protection. And you, then you do need to post a sign to that effect you know beware dog My dog is used for protection you know you think about the, the junkyard dogs that are guarding various car parts. Late at night, you know they that those businesses post up where dog signs. So some things to consider. So these signs, need to be posted near the entrance, that a person would would take to access the area where the dog is kept. So let’s talk about a home. So the sign would be to be on the front door, you know, near the front door. That’s a common point of entry for him. If you keep this dog say in your backyard, then that sign would need to be posted here, you know, an entry point to the backyard so a gate. For instance, the same would go for a business you know that sign needs to be posted at points of entry where a person is reasonably likely to enter and where you know it would be foreseeable to you as a business owner, or as a homeowner that a person might enter. Obviously if you have a trespass situation where someone scales the fence trying to steal car parts you know that’s not that’s not foreseeable to you as a business owner, and so you know that would be a defense to any liability when that dog then bites the attempted burglar. The other type of sign that you might see posted. For example, at a dog park that attempts to disclaim liability in reference to another dog biting your dog or biting a person, you know the park itself might have a sign saying they can’t be held liable. And that basically you’re assuming the risk by bringing your dog to this premises that such an event could occur but that your dog could be bet that she could be bad. So, these types of assumptions of the risk, you know, complete disclaiming of all of liability. You know, it’s a fact by fact, it’s a fact by fact situation, you know, so it’s important that even if you have some incident that occurs at a dog park, and you see the sign don’t allow the presence of a sign saying that you. You’ve waived your right to sue to persuade you to not reach out to an attorney, you should still reach out to an attorney, because as I’ve said this is a very fact based area of law. And there are many situations that could have been present. That would make that waiver completely ineffective. So if you have any questions about this area of law, please give me a call. Thank you. If you have any further questions do not hesitate to call Joy or her team at Douglass & Runger, PLLC at (901) 388-5805 relating to other questions about animal bite cases. Effectiveness of Waivers in Animal Attack Cases-HD 1080p from Curt Runger on Vimeo.