Liability for Dog Bite Injuries by State | PersonalInjuryLawyer.com

Nearly five million people each year suffer dog bite injures when they become the victim of a dog attack. These attacks can result in very serious dog bite injuries and people have died from such attacks. All dog bites can result in deep cuts or puncture wounds, which can cause severe scarring and tissue damage. Sometimes these injuries become infected resulting in the loss of a limb. Additionally, the victim may also contract any disease the dog had, including rabies.

Understanding Dog Bite Laws

The laws governing dog bites include a combination of city and county ordinances, state statutory law, state case law, and common law. This group of laws embodies administrative, civil and criminal laws. Administrative laws provide a legal remedy against the dog itself, while civil laws allow the victim to recover monetary compensation. In rare cases, criminal laws may be imposed as a punishment for the owner of the dog if the attack is severe or results in death. A woman was convicted of second-degree murder and sentenced to 15 years in prison in a 2001 California landmark case when her two Presa Canario dogs attacked and killed a woman.

Determining Liability by State

The laws governing dog bite injuries or attacks are different in each state which fall into one of three categories:

Strict Liability—Most states follow a strict liability statute, which means that the owner or keeper of a dog is liable for dog bite injuries whether or not there was negligence involved.
One-Bite Rule—There are only 18 states that subscribe to the "one-bite rule" which means that the dog owner isn't held liable for the first bite the dog inflicts. There are some exceptions to this rule. Once an animal has demonstrated vicious behavior or has bitten someone, the owner is then responsible for the injuries inflicted.
Negligence—All states hold the dog owner liable if negligence played a part in the incident. In order to prove liability, the victim must be able to show that one of the following occurred:

The owner violated the law by not using a leash in a public place or allowed the dog to roam the streets.
The owner failed to exercise reasonable control over their dog or did not restrain their dog properly.
The owner allowed the dog to be placed in a situation where it was likely to cause injury or harm to others.

The laws regarding labeling dogs as a “vicious dog” or “dangerous dog” impose special restrictions on the owner. If a dog is found to be dangerous, a judge may order the owner to take certain measures to prevent the dog from injuring someone. In Washington state, if the owner of a dog that was unprovoked aggressively attacks and causes severe injury or death to an individual may be guilty of a felony, which is punishable by up to give years in prison and a fine of up to $10,000.

Dogs can injure people without being bitten. They can cause injury with their claws, knock people over or cause a bicycle rider to lose control and become injured. If the dog attack victim is bruised or suffered nerve damage without the presence of actual puncture wounds, the owner would still be held liable.

Exceptions to Liability

Most dog bite statutes do not allow trespassers to sue for an injury. The owner is liable only if the person injured was in a public place or “lawfully” in a private place. This means that if a person was invited onto the dog owner’s private property and was injured, the owner can be held liable. Any professionals while carrying out their official duties, such as mail carriers or law enforcement officers, are not considered trespassers.

If someone intentionally provokes the dog and becomes injured as a result, the owner cannot be held liable. It is important to note that there is a special rule involving minors. Children under the age of five are considered incapable of negligent acts, such as provoking a dog. The courts deem children of that age are not legally capable of acting with reasonable care towards an animal.

People who make a living working with dogs, such as groomers, pet sitters, veterinarians or kennel operators are presumed to voluntarily take the risk of a dog bite and therefore they cannot hold the owner responsible.

How a Lawyer Can Help

If you or someone you love has been the victim of a dog bite or a dangerous pet attack, you should contact a personal injury attorney for advice. A successful dog bite case can compensate the victim and also protect others from future harm from dangerous and vicious animals.

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