If the dog was not provoked you likely have a claim. What constitutes provocation is not always clear. The circumstances surrounding the dog bite must be carefully analyzed as well as the dog’s behavior. A victim’s actions must radically cause a change in the the dog’s behavior. For example, mistreatment of a dog such as hitting it is an action of provocation. Simply petting a dog or walking toward it does not constitute provocation. If it can be established that the dog was provoked, then a victims recovery may be reduced in proportion to their contributory fault.

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