
The sad truth is even the most conscientious dog owner can lose control of their pet. In the aftermath, putting “Rover” in “the dog-house” or on a leash might not be enough if the bitten party wants restitution.
Here are some facts about “dog laws” and what to expect if the unimaginable happens from your pet.
Understanding the Legal Framework
Beverly Hills attorney Kenneth M. Phillips – widely regarded as the nation’s foremost expert in this area of the law – maintains a detailed summary and compendium of dog-bite law on his Web site, from which the following information is drawn:The states fall into one of three categories:
• Strict Liability states
• One Free Bite states
• Negligence statesStrict Liability states: In those states, you are liable for injuries caused by your dog, even if you haven’t been negligent in any way. This means, for example, that even if your dog has never bitten anyone before or shown any signs of aggressiveness, you are nonetheless liable.
States:
Alabama, Iowa, New York, Arizona Kentucky, Ohio, California, Louisiana, Oklahoma, Colorado, Maine, Pennsylvania, Connecticut, Massachusetts, Rhode Island, Delaware, Michigan, South Carolina, District of Columbia, Minnesota, Tennessee, Florida, Montana, Utah, Georgia, Nebraska, Washington, Illinois, New Hampshire, West Virginia, Indiana, New Jersey, Wisconsin.One Free Bite States: You are not liable for the first injury caused by your dog, with certain exceptions:
• You knew or should have known that the animal was dangerous;
• The injury results from your negligent conduct, e.g. letting go of the dog’s leash and allowing it to run unsupervised or inviting a guest into your home and then failing to supervise your dog;
• Violation of a leash law or other local ordinance regarding the keeping of dogs.States:
Alaska, Mississippi, Oregon, Arkansas, Missouri, South Dakota, Hawaii, Nevada, Texas, Idaho, New Mexico, Vermont, Kansas, North Carolina, Virginia, Maryland, North Dakota, WyomingNegligence States:
In virtually every state, a dog-owner is liable for injuries caused by his negligence. Negligence, in general, means doing something that a reasonable person should know might cause injury to another, or failing to do something that a reasonable person would do in order to prevent injury.
Whatever the state you live in it’s important to watch your dog for overly aggressive behavior and, if any “red flags” show up, you might want to talk with your family about getting a dog trainer or any other protective measure to make certain your furry family member stays out of trouble. After all, when you think about it, if you were bitten by an aggressive dog wouldn’t you want to believe its owners did everything they could to prevent such a thing from happening?
WebVet has more information on this subject and also offers some interesting exceptions to the rules. So please go over to this website and take a look. Remember, your dog’s error (and sometimes misfortune) is your liability. Always know your options.
