Dangerous Dog Laws: Understanding Owner Liability and Protecting Yourself from Dog Bites

Each year, millions of people in the United States sustain dog bite injuries, with a significant portion requiring medical attention. According to the American Veterinary Medical Association, about 4.5 million people are bitten by dogs annually, many of whom are children. These incidents can lead to severe physical and emotional trauma, raising critical questions about owner liability and how individuals can protect themselves. Understanding dangerous dog laws is essential for both dog owners and the public to ensure safety and accountability.

Understanding Owner Liability

Dog owner liability varies significantly depending on state and local laws. Generally, there are three main types of laws that impose liability on owners:

Dog-Bite Statutes: In states with dog-bite statutes, the owner is automatically liable for any injury or property damage the dog causes, without provocation. Approximately 36 states have strict liability laws for dog bites.
One-Bite Rule: Some states follow the “one-bite rule,” where the owner is responsible for an injury caused by a dog if the owner knew the dog was likely to cause that type of injury. In these cases, the victim must prove the owner knew the dog was dangerous.
Negligence Laws: Under negligence laws, the dog owner is liable if the injury occurred because the owner was unreasonably careless (negligent) in controlling the dog.

In many dog bite statute states, the owners are strictly liable for any dog bites that take place, meaning that no matter why a dog bites someone, that owner is responsible. Other states allow the dog “one free bite,” meaning an owner is not liable for the first attack by that dog, unless the owner knew their dog might bite or attack someone.

It’s also important to note that landlords or property owners can also be responsible in some situations.

Factors Affecting Liability

Several factors can influence a dog bite case, including:

Provocation: Most laws include exceptions if the dog was provoked. Provocation is typically defined as inducing or inciting someone to do something, usually by words.
Trespassing: A dog owner is typically not liable if the person bitten was unlawfully on public or private property (trespassing).
Warning Signs: If the person bitten is on the property of the dog owner, and the property is clearly and conspicuously marked with one or more posted signs stating “no trespassing” or “beware of dog”.
Performance of Duty: The dog is being used by a peace officer or military personnel in the performance of duties.
Professional Care: The person is a veterinary health care worker, dog groomer, humane agency staff person, professional dog handler, trainer, or dog show judge acting in the performance duties.

State and Local Legislation

State and local legislation plays a crucial role in determining the extent of owner liability and the measures required to prevent dog bites. As of March 2021, 29 states have laws making dog owners liable for injuries their pets cause, with exceptions for provocation. Some states classify attacks as misdemeanors or felonies, leading to fines and other penalties.

Some states, like Pennsylvania and Michigan, prohibit insurers from canceling or denying coverage to owners of specific dog breeds. Ohio requires owners of dogs classified as vicious to purchase at least $100,000 of liability insurance.

“Dangerous Dog” Laws

Many states have “dangerous dog” laws that impose special restrictions on dogs that are officially labeled dangerous or potentially dangerous. These laws emphasize prevention and aim to protect the public by focusing on dogs known to pose a threat. The process typically begins with a formal complaint from an animal control officer or someone who has been threatened or injured by the dog. A hearing follows, where a judge or public health official determines whether the dog is dangerous under the law.

If a dog is deemed dangerous, the owner may be required to:

Keep the dog securely confined.
Post “Beware of Dog” signs prominently.
Keep the dog in a locked enclosure meeting specific requirements.
Purchase liability insurance.
Post a bond with the city or county.

Breed-Specific Legislation (BSL)

Breed-specific legislation (BSL) refers to laws that regulate or ban certain dog breeds to decrease dog attacks. Regulated breeds often include American Pit Bull Terriers, American Staffordshire Terriers, Staffordshire Bull Terriers, and English Bull Terriers. Some areas also include American Bulldogs, Rottweilers, Mastiffs, Dalmatians, Chow Chows, German Shepherds, and Doberman Pinschers.

However, many states, including New York, Texas, and Illinois, favor laws that identify and regulate dangerous dogs individually, regardless of breed, and prohibit BSL. There is no evidence that breed-specific laws make communities safer, and the CDC opposes BSL, citing the inaccuracy of dog bite data and the difficulty in identifying dog breeds.

Protecting Yourself from Dog Bites

Preventing dog bites is crucial, and there are several steps individuals can take to reduce their risk:

Be Cautious Around Unfamiliar Dogs: Always ask the owner for permission before approaching a dog. Approach slowly and calmly, avoiding direct eye contact.
Never Disturb a Dog That Is Sleeping, Eating, or Caring for Puppies: These are vulnerable times when a dog is more likely to bite if disturbed.
Teach Children to Be Careful Around Dogs: Never leave a baby or small child alone with a dog. Teach children not to approach strange dogs or try to pet dogs through fences.
Recognize Signs of Stress or Aggression: Be alert to signs that a dog is stressed, uncomfortable, or showing aggression. Remove yourself from the situation if a dog seems uneasy.
If Approached by an Unfamiliar Dog: Stand motionless with your hands at your sides. Avoid eye contact and do not run or scream. If knocked down, curl into a ball and protect your face with your hands.

What to Do If Bitten

If you are bitten by a dog, take the following steps:

Seek Immediate Medical Attention: Wash the wound thoroughly with soap and water. Puncture wounds may be deeper than they appear and require professional medical care to prevent infection.
Report the Bite: Report the incident to local authorities or animal control. This creates an official record of the incident and helps ensure the dog is properly vaccinated and not a threat to others.
Gather Information: Get the dog owner’s information, including their insurance details.
Document Everything: Keep records of medical bills, witness statements, and photographs of your injuries.
Contact a Dog Bite Attorney: An attorney can help you understand your legal rights and explore options for compensation.

Insurance Coverage

Homeowners and renters insurance policies typically cover dog bite liability legal expenses, up to the liability limits (typically $100,000 to $300,000). If the claim exceeds the limit, the dog owner is responsible for all damages above that amount. Some insurance companies may not insure homeowners who own certain breeds categorized as dangerous, such as pit bulls. Others decide on a case-by-case basis, depending on whether an individual dog, regardless of its breed, has been deemed vicious.

Legal Recourse for Dog Bite Victims

Dog bite victims can pursue compensation for medical expenses, lost wages, pain and suffering, and any long-term consequences of the attack. This includes costs for emergency room treatment, surgery, rehabilitation, and psychological trauma. If the bite results in a scar or disfigurement, the victim can also seek compensation for this.

The legal process typically involves filing a claim against the dog owner’s insurance policy. If a settlement cannot be reached, the case may proceed to litigation.

Conclusion

Understanding dangerous dog laws is crucial for protecting yourself and ensuring responsible dog ownership. By knowing the laws in your area, taking preventive measures, and understanding your legal rights, you can minimize the risk of dog bite injuries and ensure that responsible parties are held accountable. If you or someone you know has been a victim of a dog bite, seeking legal counsel is essential to navigate the complexities of these laws and pursue fair compensation.