- Dangerous Dog. You must establish that the dog in question has a history of dangerous behavior or a propensity to bite. Evidence may include previous bite incidents or otherwise aggressive tendencies. A prior bite is not technically required to prove a dog is dangerous.
- Careless Management. The dog owner’s negligence in handling or controlling their pet is another critical factor in determining liability. Examples of careless management include allowing the dog to roam off-leash in a public area, inadequate fencing, or failure to heed local leash laws.
- No Provocation. Lastly, it is crucial to prove that the victim did not provoke the dog in any way. Instances of provocation might include teasing, hitting, or cornering the dog, which could give the owner a defense against liability.