Attorneys- Animal Bites
Attorneys- Animal Bites
Dog Bite Law is a unique combination of city and county
ordinances, state statutory law, state case law and
common law, legal principles resulting from specific
lawsuits from throughout the United States.
All states hold a person responsible for their own
negligence, intentional conduct, and reckless or outrageous
behavior, keeping a dog that previously bit a person
or exhibited a tendency to someday bite a person , and
violating a public health and safety law such as a leash
law or a prohibition against dogs running at large.
In all, the dog owner will be held liable upon the additional
ground that he was the owner of the dog that inflicted
the bite, without regard to whether he was negligent
or anything else. Some strict liability statutes include
whoever had custody of the dog as well as its owner,
non-bite injuries as well as bites, and provide for
additional compensation if the dog previously bit a
person. Many dog bite statutes combine concepts of negligence,
common law strict liability, and violations of local
The usual defenses in dog bite claims are that the
victim provoked the dog, was a trespasser, was negligent,
consciously assumed the risk of being bitten, or was
a canine professional who was deemed to assume the risk.
When the victim is a child, another defense is that
his parent negligently failed to supervise him, and
therefore was a cause of the accident. These defenses
might be based on state statutes or judicial decisions.
The defenses are different from state to state, and
any particular defense might not apply in a specific
Legal responsibility is determined by the following.
Whether the dog previously bit anyone. If so, then
the dog owner or custodian is responsible.
Whether the dog previously did something that should
have put the owner-custodian on notice that the dog
was inclined to bite somebody in the future.
Whether the person having custody of the dog at the
time of the incident had violated any law pertaining
to public health or safety, which was intended to protect
people like the victim. An example would be a leash
law, but there could be regulations such as those that
restrict dogs from being in day care centers are beauty
parlors. The violation of such a law would be considered
We consider whether the accident was caused by negligence.
A dog that is habitually mistreated, or sick, or suffering
from a l disease is more likely to bite a person. Negligence
is a ground for liability.
If the owner or custodian is not responsible, we consider
could anyone else might be liable as a result of negligence
or have the knowledge that the animal could bite.
When the owner does not have insurance.
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If the owner is unable to compensate the victim because
of lack of insurance or resources, attorneys consider
whether anyone else might be responsible because of
their own negligence.
County , Benton
County , Deschutes
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