Liability of dog owners for their dogs biting people generally falls along one of two types of legal theories.
First, an injured person might sue the dog’s owner on a theory that the owner was negligent in allowing the dog to be in a situation to bite the injured person. In that case, the injured person will have to prove the elements of negligence, including duty, breach, causation and damages.
Second, in some states and under certain circumstances a dog owner might be “strictly liable” for bites inflicted by their dogs. The details of strict liability can be fairly complicated, but the basic idea is that when a defendant is strictly liable for a dog bite, it means that the defendant is liable for the bite regardless of whether the defendant committed any acts of negligence. In other words, if the bite happened, the owner is liable. The injured person need not prove negligence; he only has to prove that the dog bit him, it was the defendant’s dog and that he (the injured person) was injured.
Again, strict liability is not available in every state and certain circumstances may be necessary in order to apply strict liability, such as knowledge that the dog has been violent in the past or that the dog is listed on a dangerous breed list.
Regardless of the theory of the case, several factors will play into whether an injured person will be successful in a lawsuit involving a dog bite. Such factors may include whether the injured person was trespassing on the dog owner’s property; whether the injured person was taunting the dog in some way; the severity of the bite; and whether the dog has a history of being aggressive and whether the dog is of a breed that is considered to be dangerous.
I’m not making a personal injury judgment as to whether any particular breed of dog is predisposed to being dangerous or vicious. However, the law in your state might recognize certain dog breeds as being particularly dangerous and an injured person might, in some states, be able to use this against you if the dog in question is on one of these lists.
If you’re bitten by a dog, you should be aware that many insurance companies will not cover an owner’s liability for dog bites inflicted by dogs of certain breeds which the company will typically list in their policy as being excluded. Some of the breeds commonly listed include pit bulls, rottweilers, chows, dobermans, German shepherds and akitas.
If the dog owner’s insurance does not cover your dog bite, your only option will be to try to go after the owner’s personal assets. In the end, you may be out of luck in that situation.
Here is asample of Colorado statute regarding dog bite liability:
(1) As used in this section, unless the context otherwise requires:
(a) “Bodily injury” means any physical injury that results in severe bruising, muscle tears or skin lacerations requiring professional medical treatment or any physical injury that requires corrective or cosmetic surgery.
(b) “Dog” means any domesticated animal related to the fox, wolf, coyote or jackal.
(c) “Dog owner” means a person, firm, corporation or organization owning, possessing, harboring, keeping, having financial or property interest in or having control or custody of, a dog.
(d) “Serious bodily injury” has the same meaning as set forth in section 18-1-901 (3) (p), C.R.S.
(2) A person or a personal representative of a person who suffers serious bodily injury or death from being bitten by a dog while lawfully on public or private property shall be entitled to bring a civil action to recover economic damages against the dog owner regardless of the viciousness or dangerous propensities of the dog or the dog owner’s knowledge or lack of knowledge of the dog’s viciousness or dangerous propensities.
(3) In any case described in subsection (2) of this section in which it is alleged and proved that the dog owner had knowledge or notice of the dog’s viciousness or dangerous propensities, the court, upon a motion made by the victim or the personal representative of the victim, may enter an order that the dog be euthanized by a licensed veterinarian or licensed shelter at the expense of the dog owner.
(4) For purposes of this section, a person shall be deemed to be lawfully on public or private property if he or she is in the performance of a duty imposed upon him or her by local, state or federal laws or regulations or if he or she is on property upon express or implied invitation of the owner of the property or is on his or her own property.
(5) A dog owner shall not be liable to a person who suffers bodily injury, serious bodily injury or death from being bitten by the dog:
(a) While the person is unlawfully on public or private property;
(b) While the person is on property of the dog owner and the property is clearly and conspicuously marked with one or more posted signs stating “no trespassing” or “beware of dog”;
(c) While the dog is being used by a peace officer or military personnel in the performance of peace officer or military personnel duties;
(d) As a result of the person knowingly provoking the dog;
(e) If the person is a veterinary health care worker, dog groomer, humane agency staff person, professional dog handler, trainer or dog show personal injury judge acting in the performance of his or her respective duties; or
(f) While the dog is working as a hunting dog, herding dog, farm or ranch dog or predator control dog on the property of or under the control of the dog’s owner.
(6) Nothing in this section shall be construed to:
(a) Affect any other cause of action predicated on other negligence, intentional tort, outrageous conduct or other theories;
(b) Affect the provisions of any other criminal or civil statute governing the regulation of dogs; or
(c) Abrogate any provision of the “Colorado Governmental Immunity Act”, article 10 of title 24, C.R.S.
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1. The alcohol was a factor in causing personal injuries
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