Dog Bite Injury- Who is liable under the Dog Bite Law

By: Maribel Roncales
Submitted: 2008-07-17 11:11:49
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Every year there are approximately 3 million people that are bitten by dogs and statistics show that most victims are children.

Dog bite is not as simple as it seems to appear. It may result to serious injuries like:

• Lacerations

• Punctures

• Abrasions

• Tissue loss and avulsion

• Fractured bones

• Infections such as rabies, cellulites, C Canimorsus infections

That is why it is necessary for a victim to seek for medical help because the effect can be fatal.

The next thing to do is to identify the dog and its owner because you can hold them liable for damages and reimbursement for any expenses you incurred during the treatment period.

In the United States, a law was passed known as the dog bite law, which enumerates certain rights and responsibilities of a victim and the owner of the dog.

The dog bite law is a combination of city and county ordinances, state law and common law. It includes civil, criminal and administrative law. Generally, civil law provides monetary compensation for the victim, criminal law punishes the owner of the dog and administrative law creates a remedy against the dog itself.

Almost all states in the US hold the owner liable for dog bite if he orders the dog to attack a person or if he knowingly kept a dog that previously bit a person. They also hold the owner liable for negligence for any injury that the dog causes and for violating a public health and safety law such as the leash law.

Most dog bite statutes impose statutory strict liability that makes the owner of the dog legally liable to the victim.

Other states allow claims based on common law strict liability but only states with dog bite law add an additional cause of action for statutory strict liability.

However, there are states that do not have a dog bite statute. In this case, they use the one-bite rule or statute. In this law, the legal responsibility of the owner is determined by the following principles:

• The first issue is whether the dog bites anyone. If so then the owner is liable.

• If the answer in the first item is no, the second question is whether the dog did something that has put the owner in notice that the dog have inclined to bite anyone in the future.

• If the answer is no, then they consider if the owner has violated any law pertaining to public health and safety.

• They consider whether there is negligence.

• If the owner or custodian is not negligent then they consider whether other people can be held liable due to their negligence.

Dog bite law differs from state to state. However, not all dog bite cases are punishable under the dog bite law. There are certain exceptions provided by law. The following are the exempted cases:

• The victim is a trespasser

• The victim is a veterinarian or a canine professional who is treating the dog at the time of the incident

• The victim is committing a felony against the owner of the dog

• The victim provoked the dog by physically abusing it

• The victim assumed the risk for being bitten

• The victim is assisting the police or the military at the time of the incident

Article source: Expert Articles