Speaking About The Incident: When is it OK?

It’s true that “anything you say can be used against you” in both the criminal context and when you are bringing a civil claim for a canine attack.  But your words may be necessary, at time, without your dog bite lawyer present, which is the subject of the article.   

 

Words that Can Be Used Against You

Words you say in any context can be used against you, such as:  

• • A recorded statement, via the telephone, or via Zoom or otherwise,
  • Words said “innocently” to a friend, privately, or
  • A Post you make on social media.  

The Law Governing Your Words 

Works spoken out-of-court are typically considered hearsay, and are not admissible at all. However, the law creates major exceptions to “hearsay.”  These include (A) admissions by a party opponent and (B) prior inconsistent statements.   

 

A. An “Admission by a Party Opponent” 

Anything you say as a party to an existing lawsuit — or one not yet filed — can be used against you as an
admission by a party opponent.”  And, the rule is exactly the same in federal court (Federal Rule of Evidence 803) and in the Commonwealth of Pennsylvania (Pa.R.E. 803(25).

In fact, Pa.R.E. 803(25) can bind not only yourself — as a party to an action — but also others for whom you are authorized to speak, such as words you say when tending to an elderly parent bitten by a dog.  

 

B. Your Prior Inconsistent Statements 

This can be used against both parties and non-parties to a case, to impeach them or to use their words as evidence.  It’s called a “prior inconsistent statement.”  So let’s say your neighbor saw you bitten by a dog, but initially said — under oath in a deposition — it was your fault.  But then she thought about it more, and realized that she couldn’t see the incident well from where she had been standing.  So then later, she testifies at trial that you were innocent. Only, her prior statement can come to harm her — and your case — as a “prior inconsistent statement.” 

In fact, in PA, a witness’s prior statement can be used as evidence (not just to impeach) so long as the witness is subject to cross-examination at trial. In PA, the prior statement need not have been made under oath. Com. v. Brady, 507 A.2d 66, 510 Pa. 123 (1986).    

 

When Giving a Statement is a Good Idea

We all know you should have your lawyer present when you give any statement, when possible. However, there are some exceptions.   

Notifying Police and/or Animal Control of the Attack  

Here, you need to speak with animal control or the County Health Department to help reduce the risk of your contracting rabies or another disease from the attacking dog.  Plus, evidence needs to be gathered.  Parties responsible must be identified.  Thus, you should give the authorities at least enough evidence to get their investigation underway.  

Describing the Attack to Your Doctors

A dog bite can require significant medical attention. Here, having your lawyer present will not only raise questions, but it can delay your medical treatment. Talking to health care providers is OK, so long as you limit your statements to “just the facts” necessary for the doctor to understand the severity of the bite.  The doctor doesn’t need to know who you think is responsible for the attack, however, or whether you antagonized the canine.  

Everyone’s memory will fade over time. Plus, this is especially true for young children, who are too little to put into context entire events.  And children can change their story over time to try to win the affection of parents or other authority figures.  Thus, it’s often best for a child to speak with police while the events are fresh in the child’s mind. Otherwise, the child’s statement will have less value to prove a case.  

Click here to learn more about child claims.  

 

Contact Us Today!

While nothing in this article constitutes legal advice — and you should talk to a lawyer before giving any statement, unless the statement is necessary for your medical treatment or to help the police and/or animal control start their investigation.  No guessing.  Just report the basic facts without speculation, and you’ll generally be fine.  But call us first, before giving any statement, if possible.  It’s free!