Dog bites can lead to serious injuries which can often leave a person with permanent disfiguration or permanent physical damage. In most cases, taking legal action against a dog owner after getting bitten is a fairly straight forward process. However, when a person gets bitten by a police dog, the situation becomes quite different.
Getting bitten by a police dog creates a more complicated legal scenario because police officers have been given a lot more leeway on when they are allowed to use their canine friends to help them with their day to day tasks.
Police officers are actually allowed to send their canines out to attack a person if they fear that the person is a danger to society and even if the person seems to be armed and is arresting arrest. Of course, there are always cases in which an officer will use their authority inappropriately, and they send their dogs out on someone who was harmless and innocent.
What should I do if a police officer sends his dogs out on me unjustly?
In the instance that a police officer uses police dogs during an arrest and it was unnecessary for them to do so, a person should call a police brutality attorney in Rockland County, NY. A police brutality attorney will be able to assess the person’s situation and inform them of whether or not they will be allowed to pursue legal action against the officer.
Many factors will be taken into consideration when deciding whether the case is legitimate or not, including:
- What sort of crime a person was committing when they got bitten
- Whether a person was armed or resisting arrest when they were bitten
- How severely a person was bitten
- How long a person was attacked for
If a person wants to go forward with filing a lawsuit they will first have file a government tort claim. Once that goes through, a person can go forward with filing the actual lawsuit. A lawyer can assist a person in gathering the evidence and filing the required paperwork for the court proceeding to go through smoothly.
When filing the lawsuit a person has to decide on who they are going to hold responsible. Depending on their case, they may want to hold the officers responsible for using unnecessary and excessive force when it was not required. In other cases where the officer was not entirely at fault, they may hold the dog training company responsible for not having trained the dog properly.
Amongst the individuals who can be held accountable for the behavior of the dog include:
- The officers handling the dog
- The police department
- The government agency which hired the officers
- The entity responsible for training the dogs
Every case differs and getting in touch with a police brutality attorney can help a person ensure they are holding the correct parties responsible as per their specific situation.