Legal Rights of Bystanders and Family Members Involved in a Dog Attack
When a loved one is seriously injured in a dog attack, the emotional trauma not only affects the victim, but his or her family, as well as bystanders who witnessed the attack. The emotional distress suffered by bystanders and family members can run just as deep as for the victim, however, the victim is entitled to recover damages for their pain and suffering. This may not be the case for bystanders and family members, depending on where they live and where the attack took place.
Emotional distress is defined by the U.S. Supreme Court as mental or emotional harm, like anxiety or fright, indirectly caused by physical injury, but manifests itself in physical symptoms. It goes without saying that family members and bystanders experience extreme emotional distress when a dog attacks a loved one, especially if the dog is a beloved family pet. However, compensation for emotional distress may not be an option for these individuals. There are three state doctrines that allow for a bystander or family member to recover damages for emotional distress brought by witnessing someone get bitten by a dog.
- Physical Injury States. Persons residing in physical injury states cannot receive compensation for emotional distress unless they suffered some physical injury, the extent of which varies greatly among this group of states. Some states demand proof of serious injury, others consider severe shock to the nervous system enough to warrant damages, and some states require that a person sustain slight physical injuries to be eligible for compensation.
- Zone of Danger States. Persons residing in zone of danger states can only recover damages if they were in the “zone of danger” when the attack to the primary victim occurred. In other words, you would have had to be so close to the attack that it posed a high risk of injury to you, causing you to fear for your own safety.
- Foreseeability States. Persons residing in foreseeability states can recover damages if they can prove their emotional distress was or should have been foreseeable on the part of the defendant. An example is a mother who hears the family dog snarling at her daughter in another room in the house, followed by the daughter’s screams as the dog suddenly attacks her unprovoked. The mother in this scenario may recover damages for emotional distress.
Colorado is one state that does not fall into any of the above groups. A bystander or family member in Colorado can recover treatment costs for severe and extreme emotional distress, but he or she cannot recover for the emotional distress itself unless the court finds justification by clear and convincing evidence as presented by the person’s attorney.
A Colorado personal injury attorney experienced in emotional distress cases involving a dog attack can advise you of your legal options and determine if you have a case. Emotional distress can be difficult to prove and such cases just as difficult to win. The personal injury attorneys at the O’Connell Law Firm, P.C. will work diligently to ensure you receive a fair compensation for your emotional distress should they determine you have a solid case. Contact their office for a free initial consultation.
