Being attacked or bitten by any dog could result in fatal injuries or even demise. However, being attacked by a “K-9” dog is a rare case. A police officer would want to let their dog loose for a prowling run behind a suspect. It could be that the cop who did it to you have framed you a suspect for a minor violation.
Police dogs are heavily built, so if one falls onto you with a natural instinct to attack, it could just lead to a life-threatening condition.
What If You Were Attacked by Mistake?
If a working police dog was used against you in an unreasonable way in a particular situation, then you certainly are entitled to sue law enforcement for the abuse. This is an irony, especially because they are supposed to protect the public. However, what many do not realize is that law enforcement train their dog to perform several duties, comprising protection of its handler. The animal is trained to track as well as apprehend a suspect, while its bite is treated as a “reward”.
If a person was attacked by mistake, and it caused the injuries, then they have a right to take legal action against that dog handler for negligence regardless of how ‘sorry’ he or she is. If the dog force was excessive or unreasonable, then the officer/dog handler is in violation of the injured party’s constitutional rights.
How to Find Out If the Dog Force Was Too Much
To determine if the dog attack involved excessive force, many factors will be considered. It is unreasonable and excessive when the actual nature of the animal’s involvement is no good reason for the urgency of the act of apprehending the suspect. In other words, when one does not pose an immediate threat, and it was possible to stop them without the dog’s force, then he or she might just be able to hold that police officer legally responsible for their injuries.
Ultimately, a judge and jury will take into account the below-mentioned factors to establish whether or not the attack was excessive force and abuse.
- The kind of crime the injured party was suspected of committing before the incident.
- Did the injured present any danger to those around them, police, or themselves?
- How urgent was making the arrest?
- Did the party resist the act in any way?
- Could it have been executed without resorting to the use of the dog?
- Did the police issue a warning before the attack?