Defenses in Dog Bite Lawsuits under Personal Injury
🔹 Overview:
Dangerous dog laws regulate the ownership, control, and liability related to dogs that have been classified as aggressive or dangerous. These laws become particularly significant in personal injury cases where a dog has bitten or attacked a person.
There are two primary legal doctrines under which dog owners may be held liable in personal injury cases:
Strict Liability
Negligence
Some states also follow the "one bite rule", while others impose liability regardless of prior behavior.
🔹 Key Legal Doctrines:
1. Strict Liability
Under strict liability statutes, a dog owner is held liable for injuries caused by their dog regardless of whether the owner knew or should have known that the dog was dangerous.
Elements:
Injury caused by a dog
The defendant is the owner
The injured person was lawfully on the premises or in a public place
Case Law Example:
Bardin v. State Farm Mut. Auto. Ins. Co., 1994 WL 242442 (Tenn. Ct. App. 1994)
The court upheld strict liability for a dog bite where the dog had no prior history of aggression. Tennessee’s dog bite statute held the owner strictly liable regardless of prior behavior.
2. Negligence
Here, the injured person must show that the dog owner failed to act with reasonable care, resulting in the injury.
Examples of negligence:
Failing to restrain a dog in a known high-traffic area
Allowing a dog to roam off-leash in violation of local leash laws
Ignoring signs of aggression or prior complaints
Case Law Example:
Jones v. Beebe, 658 S.W.2d 370 (Ark. 1983)
A dog escaped from its owner's property and attacked a child. The court found the owner negligent in failing to properly confine the dog.
3. One-Bite Rule
This common law principle generally states that an owner is only liable for a dog bite if they knew or should have known about the dog’s dangerous propensities—usually after one prior bite or aggressive act.
Applies in states like Texas and New York
Once the dog has shown aggression, the owner is presumed to be on notice
Case Law Example:
Tracey v. Solesky, 427 Md. 627 (2012)
In this landmark Maryland case, the court ruled that certain breeds (e.g., pit bulls) are inherently dangerous, altering the application of the one-bite rule and placing a heavier burden on the owner to prevent injury.
🔹 Dangerous Dog Statutes
Many jurisdictions have statutory schemes to deal with dangerous dogs, including:
Mandatory reporting of bites
Registration of dangerous or vicious dogs
Requirements for secure enclosures or muzzling
Insurance requirements
Euthanasia for dogs involved in fatal attacks
Case Law Example:
People v. Knoller, 41 Cal.4th 139 (2007)
A high-profile case in California involving two Presa Canario dogs that killed a neighbor. The owner was found guilty of second-degree murder. This case led to greater scrutiny and revision of California’s dangerous dog statutes.
🔹 Defenses Available to Dog Owners
Dog owners may raise defenses to avoid liability, including:
Trespassing – The injured person was unlawfully on the property.
Provocation – The victim provoked the dog.
Assumption of Risk – The victim knew the risk and voluntarily assumed it (e.g., veterinarians or dog groomers).
Comparative Negligence – In some states, the victim’s own negligence can reduce or bar recovery.
Case Law Example:
Andrews v. Smith, 1999 ME 2, 722 A.2d 1171
The court found that the victim had provoked the dog, and reduced the damages accordingly under Maine’s comparative fault rules.
🔹 Remedies and Damages
Victims of dog attacks can recover:
Medical expenses
Pain and suffering
Lost wages
Scarring/disfigurement
Emotional distress
Punitive damages (in cases of gross negligence or willful misconduct)
Case Law Example:
White v. Whitworth, 509 S.E.2d 821 (Ga. Ct. App. 1998)
The victim of a serious dog attack was awarded both compensatory and punitive damages due to the owner’s reckless disregard for others' safety.
🔹 Breed-Specific Legislation (BSL)
Some jurisdictions impose special rules or bans on certain breeds (e.g., pit bulls, Rottweilers), which may influence liability in a personal injury case.
These laws are controversial and subject to constitutional challenges.
May shift the burden of proof to owners to show their dog is not dangerous.
Case Law Example:
American Dog Owners Ass’n v. Dade County, 728 F. Supp. 1533 (S.D. Fla. 1989)
Upheld breed-specific legislation banning pit bulls, stating it was a valid exercise of police power to protect public safety.
🔹 Conclusion
Dangerous dog laws play a significant role in personal injury litigation. Whether through strict liability statutes or common law negligence principles, dog owners can be held accountable for injuries their pets cause. Courts will consider factors such as prior knowledge, breed, conduct of the victim, and compliance with local laws. Knowing the applicable standards and legal precedent is key for both plaintiffs and defendants in these cases.
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