I want to start this article acknowledging my love of dogs, cats and just about any animal. My wife and I currently have 3 dogs we believe make our house a home. I currently serve on the OK Humane Society board of directors and in fact am a past Chair of the board for OK Humane. So yes, I do love animals and am willing to donate my time and money to help them.
Just like humans, animals can act badly also. Animal attacks are big deals and states have laws dictating how they are reported and resolved. Animal attacks can cause serious and permanent injury and sometimes even death. Liability for domestic animal attacks depend upon the state law but usually that means if the animal owner knew the animal had a propensity to attack or bite. Some states hold an animal owner liable regardless of whether or not they know of the animal’s dangerous nature.
In states with dog bite laws that impose strict liability on the dog owner for injuries caused by their dog, the owner does not need to know their dog bites or is vicious. According to the legal dictionary:
Strict liability, sometimes called absolute liability, is the legal responsibility for damages, or injury, even if the person found strictly liable was not at fault or negligent.
If the state does not have dog bite laws, then the injured person must prove the owner knew, or should have known, their dog was vicious. However, if the dog owner can prove the injured party provoked the dog or sometimes even if they were trespassing they will be able to defend against the injured party claims. Wild animals, such as big cats like a tiger or even an alligator, are different in that states have held that wild animals by their very nature are dangerous, therefore the owner is strictly liable for damages and injury their wild animals may cause. When we think of dangerous wild animals we tend to think of predators’, those that chase and kill other animals. Wild animals include any animal not usually thought of as domestic pets, so even a cow can be considered a wild animal. A dog is domesticated but the dog’s cousin, the wolf is a dangerous animal.
So how do you prove a dog is vicious in states without strict liability laws? The injured party must prove the animal had vicious propensities the owner knew of or should have known about. You show that by proving the animal had previous complaints to the owner and the owner did nothing about them then the owner could be held negligent for failing to act on those complaints.
Muzzling or putting the dog in a pen can also be used to show the owner was aware of the dog’s nature or aggressiveness and could be a danger to others. The size and breed of the animal can sometimes be used to show a propensity for viciousness such as a pit bull, Doberman or Rottweiler. I personally believe those breeds can be just as safe as any other dog depending upon how they are treated and raised. If the dog is kept as a guard or security dog, then they have usually been trained to attack trespassers or unknown people. Frequent barking, snapping and even fighting with other dogs can be used to show the dog is aggressive and the owner should know the dog could be vicious and bite a person.
If the owner has a sign on his property stating something like Beware of Dog or even verbal warnings to others can be used to show the owner is concerned or knows the animal might cause injury to others. State or City leash laws can also make the owner liable if the dog is not controlled on a leash and bites someone. Here is an example of a state dog bite law:
What happens when someone comes onto your property lawfully and your dog bites them? It depends on what standard of care you owe the person injured on your property. When a person enters your property they have a reasonable expectation they will not be injured. A property owner, renter, owes a standard of care to all persons entering their property. That includes keeping dangerous animals away from guests.
Invited guests and others legally on the property are owed a reasonable standard of care and can expect not to be injured on the property. Trespassers, those not on your property legally, have a lower standard of care for their safety and it will depend upon the state dog bite laws but some states allow trespassers bitten by your dog on your property to sue you. The good news is that most homeowners and renters insurance contain protection for you if your dog bites someone. There are also some types of pet insurance to cover you in these situations.