Provocation in Dog Bite Cases
In dog bite cases, provocation is the owner’s defense to liability. Provocation defense is often mentioned but difficult to support with facts.
Provocation can be used as a defense if the injured person provoked, tormented, abused, or assaulted the dog before the attack. The defendant is not relieved of liability if the injured person’s conduct inadvertently or involuntarily provoked the dog to attack. An example of inadvertent behavior would be accidentally stepping on a dog.
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