Whether it’s a small privately owned zoo or a large one supported by the city, state, or federal government, you expect to have a great time and possibly even interact with a few animals. Regardless of your age, zoos can be a fun and educational experience for everyone.
Photo by Daiga Ellaby on UnsplashOccasionally injuries can happen at a zoo, sometimes severe. When it comes to determining liability in zoo-related injuries, the process can be complicated—sometimes more than one party is liable and this can make proving your claim a frustrating and drawn-out process.
Strict Liability Laws Often Apply in Zoo-Related Accidents
Overall, most zoos are incredibly safe for both staff and visitors. Zoo personnel go above and beyond to help ensure all areas on the property are safe for visitors.
They also take steps to ensure the safety of staff. If a potential hazard is discovered, warning signs are placed prominently. If you’ve visited a zoo, chances are you’ve seen at least one sign warning visitors a specific area is closed.
All zoos regardless of size and ownership are governed by strict liability laws, and this essentially means if you’re injured at a zoo the owner or entity is automatically liable for your damages. There can be exceptions to this law. For example, if you ignore a warning sign and wander into a closed area. If an accident results in injuries, the zoo may not be liable for your damages.
The reason for this exception is simple. The zoo is following the law by notifying the public of the potential hazard. Since you ignored the warning, you’re probably liable for your damages. If you also damage zoo property, you may be the one facing a lawsuit.
Criminal charges may also apply depending on the severity of your actions. A benefit of strict liability typically means you don’t need to prove negligence to file a compensation claim.
What to Do After a Zoo-Related Accident
Even though you probably aren’t going to need to prove liability, it doesn’t mean there aren’t a few steps you should take immediately after a zoo-related accident.
You still need to prove some aspects of your injury claim and what you do after the incident can impact your case.
Report the Incident to the Authorities
If your injuries are caused by a bite or scratch from a wild animal, the incident must be reported to the authorities, and this also includes attacks by domesticated animals like loose dogs.
For animal attacks at zoos, notifying an employee is usually enough to meet legal requirements. Typically, it falls on the zoo to notify state authorities, which can be the Department of Health or Animal Control for example.
Reporting the incident serves a couple of purposes. You’re alerting the authorities that an animal may pose a continuing risk to the public. You’re also creating an official report of the incident. You’ll need to submit a copy of the accident report with your insurance claim.
Without the report, you won’t be able to prove the incident occurred and the insurance company can potentially deny your claim.
Make a Medical Appointment
Regardless of whether it’s a bite or a scratch, you should seek immediate medical attention. Sometimes, it’s also the law. You need to be screened for a possible rabies infection and other potential health problems.
Animal attacks often result in serious injuries that can even include permanent disfigurement like scarring. Seeking immediate medical treatment can help reduce the severity of your injuries.
Make sure that you save all relevant documentation relating to your medical appointments, including your medical records, bills, receipts, and even prescriptions. The documentation is necessary if you’re planning on including these expenses in your personal injury claim.
If your injuries require rehabilitation or lifetime care, you may also need to provide expert statements from healthcare professionals.
Try to Document the Accident Scene
If your injuries are severe, focus on your health. Don’t worry about trying to document the accident scene. Your official accident report should contain all relevant information.
However, if you can gather some evidence it can help speed up the claim process. You may need to wait around 10 business days before you can pick up a copy of your accident report. If you document the scene, you can get a head start on the insurance paperwork.
Remember, you’re only documenting the scene and not collecting evidence. In other words, you’re not a trained crime scene investigator. You’re only sticking to the basics like taking pictures of the area and of any visible injuries.
If the zoo doesn’t have adequate warning signage, make a note. You should also jot down the location of any visible surveillance cameras. The footage can go a long way towards proving your version of the accident.
Go ahead and get contact information from any witnesses. Your personal injury attorney will want to interview any witnesses, which also applies to the zoo’s insurance carrier. The insurance adjuster will also get statements from any witness.
Be careful what you say to the witnesses. You don’t want the insurance adjuster to try and use your comments to try and reduce the value of your claim.
Contact the Insurance Company
Before you file an injury claim, contact the insurance company. All you’re doing is giving them a heads-up that you’re planning on filing a claim, which can help get the ball rolling on the claim process. What you don’t want to do is get into specifics about the accident.
You can go over the details once you’re ready to send the claim form in. Something else to consider is allowing the insurance adjuster to record your conversations. A good tip is to refuse. Once again, you don’t want your words used against you.
Contact a Personal Injury Attorney
Before submitting your insurance claim paperwork, it’s a good idea to consult with an experienced attorney. Zoo-related injury cases can be complicated to deal with, even if you’re not trying to prove negligence.
An attorney can help you navigate the legal process and work to ensure you receive fair compensation for your damages. Their expertise can make a significant difference in the outcome of your claim.
