There are several states with one–bite rules and mixed dog–bite statutes. These laws govern how dog-bite victims in each state can pursue compensation for their injuries. States with one-bite rules include Alaska, Arkansas, Idaho, Kansas, and many others. Mixed dog bite statutes include Georgia, Oregon, and New York, among others.
Dog-bite laws can be complicated, but an experienced Salt Lake City dog bite lawyer can help you work through this legal terrain to understand your options.
An Overview of Dog Bite Statutes
Whether you can sue for a dog bite depends, to an extent, on the state where the incident occurred. Some states have strict liability laws, making it easier for victims to hold dog owners accountable.
Other states have one-bite rules, which offer dog owners protection from liability upon most first acts of aggression. Then, there are states with mixed dog–bite statutes.
These states give dog owners protection for a first offense, but only under certain conditions. The specifics of each type of statute can be complicated.
Regardless of the state where your dog bite occurs, you should seek help from an experienced attorney to find out your legal options, and you should know what to do legally if a dog bites you, wherever the bite happens.
Get the dog owner’s contact and insurance information and contact details from witnesses. Ask for the dog’s vaccination information. Photograph the scene, focusing on factors relevant to the bite.
For example, if a weak enclosure allowed the dog to escape confinement and bite you, get pictures of that enclosure. Be sure to get medical treatment and keep careful records.
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Strict Liability Statutes Explained
Some states, like Utah and Maryland, have “strict liability” statutes when it comes to dog bites. Owners are responsible for injuries their dog inflicts on another person and, in some cases, another person’s property, even if the attack was the first time the dog ever showed aggression.
Victims do not have to prove the dog owner’s negligence led to the attack to secure compensation. These statutes are more victim-friendly and make collecting damages easier.
There are some exceptions to strict liability, as shown in the Michigan State University table of dog bite strict liability statutes. Provocation is one example. If the injured party provoked, abused, or aggravated the dog, the aggressor, not the dog owner, may be liable for the bite and resulting injuries.
One-Bite Rules for Dog Bites Explained
In states with one-bite rules, owners are liable for injuries caused by their dog only if they knew, or should have reasonably known, that the dog was capable of causing injuries. In other words, the dog’s track record matters. If the dog had shown no prior signs of aggression, the owner may not be liable for paying damages.
Though one-bite rules are often regarded as “free bite” rules, that description does not always bear out. Bites are not the only signs of aggression a dog can show. Dogs that snarl or snap at others demonstrate aggressive behavior. Victims could claim the owner should have recognized those signs and taken measures to prevent the bite incident.
Conversely, a prior bite may not be proof of a dog’s aggression. If the first bite occurred only after the dog was provoked, that bite may be “excused” under the one-bite rule.
States With One-Bite Rules
The following states follow one-bite rules:
- Alaska
- Arkansas
- Idaho
- Kansas
- Mississippi
- Nevada
- New Mexico
- North Dakota
- Oregon
- South Dakota
- Texas
- Vermont
- Virginia
- Wyoming
States with one–bite rules do not have specific dog-bite statutes.
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Mixed Dog-Bite Statutes Explained
States with mixed dog bite statutes combine elements of the one-bite rules with some aspects of strict liability. They enforce strict liability on dog owners in particular circumstances.
For example, under North Carolina Code 67-12, dog owners are liable if they allow a dog older than 6 months to “run at large at night,” and the animal causes a person injury.
States With Mixed Dog-Bite Statutes
These five states or jurisdictions have mixed dog bite laws:
- Georgia
- Oregon
- New York
- North Carolina
- Tennessee
- Washington D.C.
The specific conditions of mixed bite statutes vary from state to state, but an attorney can work through the details to find a path for securing compensation.
The Role of City Ordinances
Further rules may apply in strict liability states and states with one–bite rules and mixed dog bite statutes. Local municipalities may have ordinances about leashing dogs or using specific enclosures to confine dogs.
These statutes and ordinances can be very difficult to parse, making it especially important to have an experienced dog bite lawyer on your side. The Salt Lake City, UT, Title 8-Animals, demonstrates this complexity.
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Dog-Bite Injuries Can Bring Serious Repercussions
Dog bites can cause serious injury. Victims are often emotionally and physically scarred. It is imperative to know how to treat injuries after a dog bite and how to fight for damages. Even bites that appear minor can lead to infection, as there are bacteria and germs in dog saliva.
A dog’s jaws are powerful and capable of breaking bones if the dog grabs onto a part of the victim’s body and does not let go. A dog’s teeth can cause deep lacerations, tear muscles, and damage nerves. These injuries demand compensation.
Our team can tell you what you need to know about compensation for a dog bite, and you can count on us to fight for the amount you deserve. In Utah, dog bite laws lean in favor of victims. We will work to protect your rights under those laws.
We Are Here to Help You
Utah is a strict liability state for dog bites. Of course, just as there are specific applications of laws in states with one–bite rules and mixed dog bite statutes, the same can happen in Utah.
A Salt Lake City dog bite accident lawyer from Siegfried & Jensen is prepared to provide the knowledgeable, experienced representation you need to get justice for a dog bite. Connect today for a free case consultation.
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