LEGAL EASE
by Shane Givens and Summer McWhorter

Aug. 1, 201
2

Liability when a dog bites


Share |

This time of year the sun is shining and people are spending time outdoors. Cookouts, swimming, and other outside activities are the norm. Unfortunately, its not always fun and games. There are several issues that can arise when spending more time outdoors. One of these issues is dealing with other people's dogs.

Most people have probably had a close call with a dog at some point. It is a scary thing, seeing a dog charge you while baring their teeth and growling. When people are injured, they wonder if there is anything they can do.

Alabama does have a dog bite law. It applies when a person bitten is somewhere she or he has a legal right to be. The owner of the dog will be liable for the damages caused by the bite when the person bitten or injured is on land owned or controlled by the owner of the dog, or when the bitten person was chased from the property by the dog.

This means that if you are trespassing on someone's property and get bitten by a dog, the dog owner is not liable under this statute. If, however, you have a right to be on the property, and are bitten while there, or after being chased from the property by the dog in question, the dog owner is liable.

If the bite happened off the dog owner's property, then the rules of common law negligence apply. Liability can be given to the owner or dog handler if that person was negligent, and if that negligence was the sole cause of the injury.

A dog owner is liable for injuries caused by their dog if the owner knew, or should have known, of the dangerous propensity or habit of the dog and was the sole cause of the injury. A person who sues a dog owner claiming this must prove that the owner had reason to know of this dangerous propensity. The Alabama Supreme Court has ruled that a domestic animal owner is not liable for injuries caused by their pet unless “the owner had previous knowledge of the animal's dangerous or mischievous propensities.” If the dog has bitten or injured someone else, that fact can be used to show the animal's “dangerous propensity.”

This also applies to non-bite injuries. The Supreme Court has also ruled in a case that evidence that a dog chased and barked at people who walked by, rode bicycles by, or drove automobiles by was sufficient to prove the owner was aware that her dogs had the propensity to chase and bark at people. This is sufficient knowledge to know that this conduct could cause a person to fall and be injured when they attempted to run away. If you are a dog owner, be aware of liability issues surrounding dogs running loose.

This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. 

Please e-mail questions for future columns to
givenslaw@tds.net.