What are the dog bite laws in Idaho? Idaho dog bite laws follow the “one bite rule,” which means a dog owner is liable for their dog’s actions and the injuries and losses the dog causes if there was any reason to believe the dog was aggressive.
Because these laws can be tricky, it is important to understand the details, which a Boise dog bite lawyer can assist with.
Liability Under the Dog Bite Laws in Idaho
When such an incident occurs, the incident must be reported to the local public health department or police department. If you are hurt after a dog is noted as being a dangerous dog, the dog owner is responsible for your injuries and losses. This might include:
- Medical bills from the incident
- Lost wages from being unable to work
- Pain and suffering
- Emotional trauma
- Property damage
- Long-term medical needs
It is always important to recognize the value of your claim. A dog bite can create long-term injuries for many people. When that happens, it can impact your mental and physical health for years to come. The law gives you the right to recover financial compensation for those losses. Talk to an Idaho personal injury lawyer today.
For a free legal consultation, call (801) 266-0999
General One-Bite Rule Applies
Under Section 25-2810, Idaho law states that the dog’s owner, or the person who possesses or is responsible for a dog, is liable for the injuries that the dog causes to others if the dog has hurt others before. Often referred to as a “one-dog bite rule,” this law means several things:
- The dog owner is not automatically liable for the dog’s bite or attack if this is the first time the dog has acted in such a way before.
- If the dog has any prior history of aggression, not just bites, documented, the owner is liable for all losses victims suffer, including medical bills, lost wages, and pain and suffering as applicable under the state’s laws.
This is a critical distinction because it can limit the ability of a victim to recover compensation in some dog bites and attacks. However, you should not simply believe the dog’s owner that the dog has never acted in such a manner if you are hurt.
Instead, turn to a dog bite lawyer in Idaho who can be sure there is no indication that the dog was known to be aggressive. Read our dog bite FAQs to learn more.
Act Before the Statute of Limitations Expires
To seek financial compensation for your injuries and losses, you must demonstrate that the incident occurred within the statute of limitations in the state. In Utah, personal injury victims have two years from the date of the accident to file a lawsuit against the at-fault party.
In situations where a dog hurts you, it is common to seek a claim against the owner’s home insurance or other liability insurance policy to hold those who did this accountable.
Most of the time, these cases are settled through a claim like this. However, there are times when it does not happen, as the insurance company may not be willing to pay fairly.
This is when the two-year statute of limitations applies. If you wait even one day beyond this time to file a personal injury lawsuit, you are unable to take action against that party, even if you can clearly show they were at fault. This is one of the most important reasons to seek legal help from an attorney if you have injuries.
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Understand Idaho’s Dangerous Dog Laws
Idaho dog bite laws under Code § 25-2810 define a dog that is “at–risk” or “dangerous” as one that bites another person without provocation; the owner is responsible. This applies even if the dog has not bitten someone in the past. This is a strict liability law.
That means that if the dog is labeled dangerous for any reason, such as the breed or its previous behavior, even if it has not hurt anyone to this point, the owner is responsible for the risks.
Dogs considered at-risk do not have that one opportunity to harm someone. For example, suppose a dog is known to be aggressive in its actions or barking at others. In that case, this may be reported to the local police department to establish dangerous dog behaviors.
In these situations, the owner is strictly responsible for taking all measures possible to protect others from the dog’s ability to hurt them. Keep in mind that it can be challenging to prove these types of claims if there is no documented proof of the danger the animal poses. Having an attorney can help you take legal action.
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No Provocation Rules Apply
Another component of dog bite laws in Idaho is provocation and your right to safety. If you were warned of the dog’s presence, the risk the dog has of aggressive behavior, or otherwise told not to interact with the dog, and you did so anyway, your right to compensation could be eliminated or reduced. A no trespassing sign, for example, is a warning not to approach unless you are told to do so by the owner.
In addition, provoking the dog to act in an aggressive way can also limit your ability to recover damages. For example, if you engage in activity to anger or tease the dog, or you harm its owner, enter its property, or otherwise antagonize the dog, the owner may not be held liable for the losses caused. This can be a fundamental rule to follow.
Note that in all cases, the burden of proof is on you, the victim. You must show that you did not violate these rules and that the owner of the dog did engage in negligence. Learn more about our lawyers and how they can help you today.
Seek Legal Guidance to Navigate Your Rights
Because dog bite laws in Idaho can be confusing and complicated, it is best to turn to a local attorney to guide you in recovering fair damages for your losses.
Call a Boise dog bite lawyer from Siegfried & Jensen today to learn more about these laws at a free consultation.
Call or text (801) 266-0999 or complete a Free Case Evaluation form
