What Is Provocation in a Dog Bite Case?

The plaintiff in a dog bite case must show that the defendant’s dog was the aggressor. This is true even if the dog owner knew or should have known that their dog was dangerous. In many states, there are laws that allow a plaintiff to recover damages from a person who provoked an animal. These laws refer to situations where someone has intentionally endangered another person or animal by creating an opportunity for an attack.

A dog bite case is not a criminal case. It’s a civil case and the victim can seek damages against the owner, but it will not be criminal in nature.A dog bite case is a personal injury claim that involves property damage and/or injuries to another person (the plaintiff). The defendant in this type of lawsuit is often referred to as an “owner” because he or she owns or has control over the animal involved in this type of lawsuit.

The first step when investigating whether or not you should file suit against an individual. Who allegedly caused damage through their negligence at work or home requires determining. If there are grounds for such action because each state has different laws about what constitutes negligence. When dealing with animals versus people during certain activities; however, one thing remains true regardless of location: liability lies with whoever owns/harbors said animal. During any given situation where harm occurs due to lackadaisical behavior on behalf of said owner.

Often the Plaintiff Must First Prove Provocation Did Not Occur

If a defendant argues that the plaintiff provoked their dog, the plaintiff must first prove that it was not provoked. This can be done by showing that:

  • The dog had no prior history of aggression or attack.
  • The victim did not cause any provocation upon seeing the dog.
  • The victim did not make any threatening gestures toward their own pet before being bitten by another animal or person.

Circumstances and the Dog’s Past Behavior Matter

The circumstances and the dog’s past behavior matter. The dog’s behavior in the present, past, and future is relevant to determining whether or not it has been provoked.

The presence of other people also has an impact on whether or not someone will be held liable for injuries caused by their dogs. If there was an altercation between two owners at a park with their dogs off leash, it would be possible for one owner to claim that he did not provoke his dog while another may argue that he did indeed provoke his dog (or vice versa).

The Effect of State Law

In most states, there is no state law that determines who is liable for injuries caused by a provoked dog. However, in some states (California, New York), the owner of a provoked dog will be held liable for any harm caused by the attack. In other states (Florida and Texas), it depends on whether or not you can prove provocation as part of your case against the owner.

In some areas where there is no specific law about who should be responsible for an injury caused by their own dogs, courts tend to determine liability based on previous behavior rather than actual provocation. If you’re facing legal action stemming from one of these cases—or any other type of personal injury claim. It’s important to hire an experienced attorney who understands how state laws work. So that he or she can guide you through complex litigation processes in order to get your fair share of compensation when necessary.

The dog owner may be held responsible for the injuries caused by their dog.

As a dog owner, you may find yourself held liable for any injuries caused by your pet. When a provoked dog bites someone, the owner is often held responsible for that injury because they were aware of or should have been aware of their dog’s aggressive tendencies and failed to take steps to avoid it.

However, there are some exceptions: If the person was trespassing on private property (such as another person’s house), then he or she could also be liable for any damages caused by his/her own actions. Also, in some cases where an animal has been paid specifically to perform certain tasks such as working sheep dogs (for example), those individuals would not be considered “owners” under these circumstances—however they might still be held responsible. If something goes wrong due to their negligence during training sessions with their new pets!

A plaintiff may not have to prove that the dog bit him intentionally, but he will have to show that the victim provoked the attack.

The first thing a plaintiff must do is demonstrate that the animal was provoked. If you’re arguing for an intentional injury, then this means proving that you knew or should have known about the possibility of being bitten by an aggressive dog. It’s also important for you not only to be aware of what kind of dogs were in his yard at any given time, but also whether they were friendly or unfriendly toward people walking by on foot or bicycle (or even horseback). This information can help establish whether there was a history between owner and their pets showing signs of aggression; if so, then it may be easier for them later on when trying to prove intent than if no such history existed beforehand.


It’s important to recognize that provocation is not always a defense. A party may have no duty to exercise reasonable care in protecting another if he or she provoked the attack, or if the victim knows of a risk of harm and does nothing about it. But even in those circumstances, courts will not presume provocation has occurred simply because a plaintiff claims otherwise.

In other words: if you think your dog bit someone because they were rude to him, remember that proof can be difficult to obtain and what counts as an acceptable reason for getting aggressive varies from state-to-state.

It helps to have a good lawyer in your corner. For more information about our legal services, contact Barapp Law Firm in Ottawa. Call at 613-777-1510.