One of the most common questions dog bite victims ask is whether they need proof that the dog was aggressive before the attack. While prior aggression can strengthen a claim, it is not always required to recover compensation in Mississippi.
Evidence of past aggression is helpful because it shows the owner had notice of the risk. This can include prior bites, complaints to animal control, warnings from neighbors, or incidents where the dog lunged or threatened others.
However, dog owners still have a duty to act reasonably. Even without a known bite history, an owner may be negligent for failing to leash a dog, allowing it to roam freely, or ignoring local ordinances. A dog that escapes an unsecured yard or attacks someone in a public space may still give rise to liability.
The circumstances of the bite also matter. If the victim was lawfully present and did not provoke the dog, the owner’s responsibility increases. Provocation claims are common defenses, but they must be supported by evidence—not assumptions.
Medical documentation plays a key role in these cases. Dog bites often cause infections, nerve damage, and permanent scarring. Treatment records help demonstrate the seriousness of the injury and its long-term impact.
Dog bite cases often involve homeowners’ or renters’ insurance policies. Insurers frequently challenge these claims, arguing that the dog had no prior issues or that the victim contributed to the incident. Strong evidence counters these defenses.
While proof of aggression history can be powerful, Mississippi law allows dog bite victims to pursue claims based on negligence and unsafe conditions. Each case depends on its specific facts, which is why careful investigation is critical.