918-423-0421

Free Case Evaluation >

Can I Sue for a Dog Bite if I was Partially at Fault?

Yes, you can still pursue a lawsuit if you were partially at fault for a dog bite in Oklahoma, but it may affect the amount of compensation you receive.

According to Oklahoma law, there are several key factors regarding liability and fault:

  • Strict Liability: Generally, dog owners are held strictly liable for injuries their animals cause, even if the dog has no history of aggression.
  • Comparative Fault: Oklahoma incorporates a nuance where a finding of "comparative fault" on your part—such as teasing, startling, or provoking the animal—can proportionally reduce your settlement amount. This means your final recovery is directly impacted by the extent of your own responsibility for the incident.
  • Exceptions to Strict Liability: It is important to note that strict liability does not apply if the victim was trespassing, committing a crime, or provoking the dog at the time of the attack.

Because these legal nuances are complex, having an experienced attorney is essential to investigate the incident, prepare for defenses from insurance companies, and ensure you pursue the maximum recovery possible under the law.

Related FAQs