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Laws About Dogs: Dog Bite & Owner Liability

Mar 14, 2012

Home Safety

Laws About Dogs: Dog Bite & Owner Liability
Anyone who has a dog knows that they truly are man's best friend, but they can also be unpredictable and a potential liability. Make sure you know laws about dogs and your risk in the event that your dog bites someone. The Insurance Information Institute has a comprehensive list of information about laws about dogs and bite liability: Dog owners are liable for any injuries their pets cause in the following instances: if the owner knew the dog had a tendency to cause that kind of injury; if a state statute makes the owner liable, whether or not the owner knew the dog had a tendency to cause that kind of injury; or if the injury was caused by unreasonable carelessness on the part of the owner. There are three kinds of law that impose liability on owners:
  • Dog-bite statute: The dog owner is automatically liable for any injury or property damage the dog causes, even without provocation.
  • “One-bite” rule: In some states, the owner is not held liable for the first bite the dog inflicts. Once an animal has demonstrated vicious behavior, such as biting or otherwise displaying a "vicious propensity", the owner can be held liable. Some states have moved away from the one-bite rule and hold owners responsible for any injury, regardless of whether the animal has previously bitten someone.
  • Negligence laws: The dog owner is liable if the injury occurred because the dog owner was unreasonably careless (negligent) in controlling the dog.
  • In most states, dog owners are not liable to trespassers who are injured by a dog. However, a dog owner who is legally responsible for an injury to a person or property may be also responsible for reimbursing the injured person for medical bills, lost wages, pain and suffering and property damage.
   
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