If my dog was off leash, am I liable for strict criminal liability, regardless of intent?

Owner liability for dog-caused injuries may be more severe than you would imagine. Most jurisdictions have some form of leash law, therefore making you responsible just by virtue of your dog being off his leash. While you may or may not be held criminally liable, depending on the circumstances surrounding the bite, you could very well be civilly liable.

Types of Liability

Common law liability is based on your knowledge, as the dog’s owner, of the potential dangerousness of your dog. This is essentially the same as the “one-bite rule,” which more or less gives each dog a “free” bite, but after that it can be considered that you, as the dog’s owner, have knowledge that he will, in fact, bite. To establish common law liability, it must be shown that the dog had vicious tendencies, (such as a prior bite) and that you, the owner, knew about it. Negligence holds that you, the dog owner, was negligent in your handling of the dog at the time of the bite or attack, meaning you did not use reasonable care in controlling the dog, and the victim’s injuries were a direct result of your behavior. The theory of negligence per se holds that a dog’s owner is automatically presumed to be responsible for the dog’s bad behavior if a leash law or other animal control law is violated, and this violation causes the victim’s injuries. If you, the dog owner, have no justification, culpability is in place, and the victim does not have to prove you failed to exercise due care, only that you did not obey the leash law.

Hiring an Attorney

As you can see, there are many ways you can be held liable for your dog’s behavior; if your dog has bitten another person, you should talk to an experienced attorney immediately to minimize the future damages against you as much as possible.