Avoiding Liability: A Guide For Dog Owners

Dogs are by far the most popular pet, and every pet parent will swear that theirs can do no wrong. Despite this and the many decades of study that have gone into canine behavior, one must remember that these are still animals that may act unpredictably at times.

You'll find that legal services pertaining to personal injury cases see several suits caused by dog bite injuries. Lawyers at Bourassa Law Group have managed many successful cases for clients and recommend that dog owners be mindful of how they handle their canines.

As the dog owner, you can be held liable for any injuries or damages caused by your furry friend. This means that if your dog bites someone, you may be required to pay compensation to the victim, depending on the particulars of the incident. That's why it's essential to understand the laws surrounding dog ownership and personal injury, particularly how they vary from state to state. This could not only spare you a large fee, but it'll also help you keep your dog and community safe.

The Workings Of American Personal Injury Law

Personal injury law in America is a complicated area that covers a wide range of issues, from motor vehicle cases to burn injuries. The legal system in the United States is based on the principles of tort law, which holds individuals accountable for their actions if they cause harm to another person, even if unintended. 

In the context of dog ownership, this means that if your dog bites someone, you're accountable for their behavior. The amount of compensation you may be required to pay will depend on the severity of the injury, and the extent of the damages and some states are stricter than others. In some cases, canine attacks can lead to wrongful death, and lawyers might be able to help you evade a claim, but it still brings a lot of stress and trauma.

Of course, nobody can have complete control over their pet, but knowing exactly how the law applies to you and your location is the key to evading violations.

Understand Your Legal Responsibilities as a Dog Owner

You should know the governing dog ownership in your state, even if you don't own a dog, you should know when you are and aren't protected. Still, pet parents have a moral and legal obligation to take steps to prevent harm to others, and failure to comply with these requirements will result in increased liability if your pet causes harm to others.

In many cases, you might be shown leniency or even avoid paying a settlement if you can show that you did everything necessary and weren't negligent. On the other hand, reckless negligence will do the opposite. 

You should also be aware of the legal requirements for vaccinating, training, and licensing your pet. These requirements may vary based on your place of residence, so it is essential to read up on the laws in your area and follow them closely. It's not a bad idea t reach out to a personal injury attorney with the right experience to walk you through some common pitfalls and proper steps.

Breed Specific Legislature

Several cities also follow breed-specific bans forbidding certain dogs from being kept as pets. Interestingly, as a state, Colorado doesn't allow breed-specific legislation. However, the cities that continue to impose it have taken to "home rules". Owners should check in with dog bite injury attorneys before relocating to ensure their pup won't face undue legal problems. Other states that disallow breed-based discrimination are:

§ California

§ Florida

§ Illinois

§ Maine

§ Massachusetts

§ Minnesota

§ New Jersey

§ New York

§ Oklahoma

§ Pennsylvania

§ Texas

§ Virginia

Here are five of the most commonly banned dogs and the cities where they're banned or restricted:

1. The Bully Breeds

Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia, Wisconsin, and Wyoming.

2. The Rottweiler

Alabama, Alaska, Arkansas, Georgia, Illinois, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, New Mexico, New York, North Carolina, North Dakota, South Carolina, Tennessee, Washington, and Wisconsin.

3. The Wolf Dog Hybrid

Alabama, Colorado, Georgia, Illinois, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, North Dakota, Tennessee, Texas, Virginia, West Virginia, Wisconsin, and Wyoming.

4. The Cane Corso

Arkansas, Colorado, Idaho, Kansas, Nebraska, Oregon, South Dakota, and Washington.

5. The Japanese Akita

Iowa, Louisiana, Michigan, Tennessee, and Washington.

State Differences in Dog Bite Injury Law

Each state has its set regulations, so you'll find legal services in Nevada give you vastly different advice than in California. While some general rules apply across the country, there are also significant differences from state to state. While the media might create the impression that dog bites are a huge issue in the country, it's quite widely agreed that, for the most part, they're safe and loving pets.

No one can claim to fully understand canine psychology, but it's not typical for dogs to attack for no reason. An aggressive dog might be ill or acting in defense of itself or its owner. This is why many states make allowances for canines that are provoked, so if there's a reason, it should be possible to find an attorney or lawyer who can fight your case.

Here are some examples of state-specific laws:

Nevada

Nevada prohibits the ownership of vicious animals, even if they're dogs. This statute defines "dangerous" as an animal that attacks or attempts to attack without provocation, on two independent occasions 18 months of one another, and has the potential to cause serious bodily harm if not restrained.

Therefore, smaller dogs who, no matter how aggressive, are incapable of breaking skin could avoid liability. A dog then becomes "vicious" when, without provocation, it kills or inflicts serious harm on someone. This means that simply owning the dog after it's been declared vicious is a felony and a misdemeanor punishable by the law, in addition to personal injury cases that might result from the attack.

If a dog already known to be vicious causes further serious bodily harm, its owner or keeper is guilty of a category D felony. However, a dog can't be declared dangerous or vicious if it attacks in defense of itself or of another person. If you think your dog might have an aggressive nature, you should find a law firm in Nevada to advise you before it gets a label.

Colorado

In Colorado, personal injury lawyers explain that the state previously operated under the "one bite" rule, which posits that a dog owner may only be held liable if they had prior knowledge of aggression. This means that if your dog has never bitten anyone before, you probably won't be held liable if it causes injury or damages.

However, a revised statute from 2004 now states that so long as serious bodily harm was caused, the owner, not the walker or supervising party, is liable for tangible economical damages. This means that whatever the dog bite injury costs the victim financially is recoverable, but things like emotional distress can't be used to demand higher compensation.

However, there are exceptions. One cannot successfully file a lawsuit if:

§ They were a trespasser

§ They were a veterinarian, hired trainer, or were working with the canine in a professional capacity at the time of the bite. This includes staff working on dog shows.

§ The dog was carrying out official duties, like police or military work

§ The claimant provoked the dog

§ The attack occurred on private property where hazard signs were clearly visible

§ A working dog (like a farm dog) was performing its duties

Arizona

In Arizona, dog bite injuries are classed as legally pursuable based on a mixture of strict liability and negligence. Owners are legally responsible for any injuries or damages caused by their pets unless the claimant was trespassing on private property or engaging in illegal activities at the time. The dog's breed or history isn't considered, and government agencies are generally exempt unless the victim wasn't participating in any activities that merit police intervention.

California

Similarly, in California, dog bite law doesn't extend to persons who were unlawfully at the site of the incident, meaning that trespassers aren't protected. However, lawful visitors on private or commercial property are legally protected against any canine damage, and the owner is liable regardless of the dog's history.

Liability for Police Dogs

While they're highly trained and supervised, police or military dogs have been known to cause undue injury to civilians. As they're trained to perform a wide range of duties like search and rescue, crowd control, and tracking, signs of aggression can be all the more threatening.

However, since these dogs aren't pets, it's the police may be held liable for any injuries or damages caused by their dogs, subject to applicable immunity protections.

For example, in California, police dogs cannot be held legally accountable for their actions if the bite occurred:

•  While pursuing or guarding a suspect, if the supervising officer has reasonable suspicion of criminal activity.
•  During an investigation of a potential crime
•  While executing a warrant
•  In defense of a person (police or otherwise)

For this to apply, the relevant agencies need to have approved paperwork to show that the use of canine force was necessary and documented. If you're attacked by a canine, don't assume its position prevents you from seeking cost-effective legal solutions and availing the compensation you deserve.

After all, the purpose of a police department is to prioritize safety, so holding members accountable (human or canine) only makes for a more effective operation.

Holding the Police Accountable for Their Actions

If you have been injured or suffered damages at the paws of a police dog, it's important to understand your options for seeking compensation.

In many cases, you might be able to pursue a claim against the police department for the actions of their dog. This may involve filing a lawsuit or making a complaint to the appropriate authorities. Some law firms offer a free consultation with attorneys who could explain whether or not the case holds water and what the likelihood of a successful outcome is.

To be successful in a claim against the police, you'll need to demonstrate that the dog was acting against its training and that the police failed to exercise reasonable care and control over the dog.

If a dog has bitten you, then you shouldn't hesitate to reach out to accident attorneys. Although it might seem on the surface that you don't have a case, personal injury law has many specifications that make it difficult to understand, which is why consulting a professional is the best way to go. Avoid reaching out to a liability insurance company, as they're known to dissuade potential claimants from pursuing legal action.

At Bourassa Law Group, you'll find a range of experts, including bicycle accident lawyers, estate planning attorneys, and asset protection attorneys. To reach out to their highly capable team about filing a claim, or avoiding one, click here to fill out the contact form.