Dog Laws by State
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If a previously friendly dog injures someone on its owner’s property, the owner will be held liable. But if a previously friendly dog injures someone in a public place, the owner may not be held liable. Many jurisdictions in Alabama have leash laws, which could make a previously friendly dog’s owner liable for damages if the owner failed to comply with the leash law or other applicable local rules or ordinances.
People injured by previously friendly dogs may only recover actual damages for such as lost wages and injury-related medical bills. They may not recover for pain and suffering. Where it can be proven that an owner was aware of a dog’s aggressiveness and the owner’s negligence caused the injuries, the injured person can recover non-economic damages, such as pain and suffering. In certain egregious cases, punitive damages may also be recovered.
Alabama law allows recovery for dog bites and other types of injuries, such as being knocked to the ground.
STATUTE OF LIMITATION:
In Alabama, the statute of limitations is 2 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
AL Code § 3-1-3 and AL Code § 3-6-1 -
In Alaska, any person injured by a dog, whether the injury is the result of a bite, being knocked to the ground, falling while fleeing from a dog, or any other manner, may recover damages from the dog owner if the owner knew or should have known that the dog had a propensity to cause injury.
Alaska law also allows people injured by a dog, or other domestic animals, to recover damages under the legal theory of negligence.
People injured by dogs may also recover damages under the legal theory of negligence per se, which happens when a dog owner is found to have violated a local city or town ordinance that is intended to prevent dog injuries, such as a leash law.
STATUTE OF LIMITATION:
In Alaska, the statute of limitations is two (2) years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Unlike many states, Alaska does not have a statute governing dog injury claims but such claims are governed by case law. -
A person injured from a dog bite can recover from the dog owner, provided the injured person was not provoking the dog or trespassing. This is referred to as “strict liability” And means the dog owner is liable irrespective of knowledge of the dog’s viciousness.
This standard does not apply to injuries caused by dogs in a manner other than a bite, such as a knockdown. A dog owner may be liable for injuries caused by a knockdown, upon a showing of negligence.
A landlord is generally not liable for injuries caused by a tenant’s dog. If, however, landlord becomes aware of the presence of a dangerous dog in a tenant’s home, and does nothing to remove the dog, the landlord may be liable to the injured person.
Arizona law does not permit lawsuits for damages against any governmental agency using a dog in military or police work, if the bite occurred while the dog was defending itself from a provoking act or assisting an employee of the agency in certain official actions, such as executing a search warrant.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Arizona, the statute of limitations is one (1) year from the date of injury for a dog bite. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.Under another Arizona statute of limitation, a lawsuit for injuries caused by a dog in a manner other than a bite [such as a knockdown or while fleeing from a dog] a claim must be filed within two (2) years of the date that the injury happened, or or you will be forever time barred from pursuing a case.
LAW REFERENCE:
Ariz. Rev. Statutes, §11-1025 -
In Arkansas, cities and towns are authorized to promulgate local ordinances regarding the ownership and control of dogs.
In some cities and towns in Arkansas, the owner of a dog that is known to be dangerous from past history will be found liable for damages caused by such dog without regard to the owner’s negligence or fault. A dog’s propensity to injure may result from playfulness as well as viciousness.
Other cities and towns may hold a dog owner liable for damages without regard to negligence, or the dog owner’s knowledge of dangerousness.
Still other Arkansas cities and towns allow a person injured by a dog not known to be dangerous, to recover damages if they can prove that the owner was negligent in the handling of their dog. If the owner of a dog violates a local ordinance that is intended to prevent harm from dogs, such as a leash law, the violation of the ordinance can generally be presented as evidence of negligence.
The types of damages that a person who is injured by a dog in Arkansas may recover include actual costs, such as medical bills, lost wages, property damage and other expenses. An injured person may also recover damages for pain and suffering, depression, post-traumatic stress, anxiety and other impacts on one’s quality of life.
Damages may be reduced, however, by the percentage of an injured person’s comparative negligence for causing the injury. If an injured person is 50% or more responsible for causing the injury, such as by tormenting or teasing a dog, recovery will be barred.
STATUTE OF LIMITATION:
In Arkansas, the statute of limitations is 3 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case. -
While California law generally imposes liability for bites on a dog owner without regard to the dog owner’s negligence, there are exceptions. A dog owner may not be liable if the injured person was trespassing when bitten or assumed the risk of being bitten. California also limits recovery of damages from injuries caused by a dog engaged in military or law enforcement activities.
In California, a landlord who has knowledge that a tenant’s dog that has previously bitten a person and fails to remove that dog from a premises can be liable for injuries under a theory of negligence. A landlord may also be charged with knowledge that a dog is dangerous even though it has not previously bitten a person, but has been aggressive towards other dogs, cats, or other animals.
A landlord may also be liable for injuries caused by a tenant’s dog if language in a lease intended to protect people from dog injuries is not enforced.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In California, the statute of limitations is two (2) years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Cal. Civ. Code, § 3342 -
Colorado imposes liability on dog owners for economic damages for dog bites resulting in serious injury or death to a person lawfully on public or private property regardless of the owner’s negligence or fault.
“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.
“Economic damages” include current and future medical or rehabilitation bills, medications, current and future lost wages, loss of earning power and other injury-related costs.
“Serious bodily injury” is defined as injuries involving substantial risk of death, permanent disfigurement, protracted loss or impairment of any part or organ of the body, or bone breaks or fractures.
This liability for economic damages applies even if the dog owner did not know of a dog’s propensity for dangerousness, or the dog never bit anyone before. The following are exceptions to this general rule:
The injured person is not lawfully on public or private land;
The injured person is injured on dog owner’s property that is clearly marked with one or more signs that state “No Trespassing,” or “Beware of Dog;”
Where a dog is actively working for police or military entities in the performance of its police or military duties;
When the injured person knowingly provoked or incited the dog;
If the injured person is a veterinary worker, canine groomer, dog handler, trainer, or dog show judge acting in the performance of their respective duties;
If the injury occurs while a dog is working as a hunting, herding, farm or ranch dog, or is working as predator control dog under the control of the dog’s owner.
Colorado also allows recovery for injuries from dog bites resulting from a dog owner’s negligence. Where negligence is proven, an injured person may recover damages for injuries caused by a dog bite and/or in a manner other than a bite, such as a knockdown.
In addition, where a dog owner’s negligence is proven to have caused injury to a person, the injured person may recover both economic, and non-economic damages.
Non-economic damages include physical and mental pain and suffering, loss of spousal consortium, loss of enjoyment of life, and mental or psychological harm.
STATUTE OF LIMITATION:
In Colorado, the statute of limitations is 2 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Colo. Rev. Stat. § 13-21-124 -
Minors under the age of seven (7) are presumed to be incapable of abusing a dog.
A “keeper” of a dog is defined as a person, business, or other entity, other than the owner, having possession of a dog.
This is a strict liability statute -in other words, it does not require the victim to prove that the dog’s owner or keeper (1) knew that the dog was vicious or (2) was otherwise negligent.
In Connecticut, “keeper” is defined as any person other than the owner, who has possession or control over the dog.
In addition, the Connecticut Supreme Court has held that a landlord can be liable for an injury by a tenant’s dog if the landlord was aware of the dog’s dangerous propensities and did not take measures to prevent such injury.
Damages that can be recovered include medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Connecticut, the statute of limitations is 2 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time or you will be forever time barred from pursuing a claim.LAW REFERENCE:
Conn. Gen. Stat. Ann. § 22-35 -
Delaware allows people injured by dogs to recover damages whether the injury is the result of a bite, or any other behavior, such as a friendly knock down.
Delaware also allows people injured by dogs to recover against third-parties, such as landlords under the legal theories of negligence, negligence per se, scienter, and intentional tort.
In addition to a dog owner, Delaware law allows persons injured by dogs to recover damages against a keeper or harborer of a dog [a dog walker] which means a person who had control or dominion over the dog at the time that the injury occurred.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Delaware, the statute of limitations is 2 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Del. Code Ann. § 1711 -
In Florida, the owner of any dog that bites any person while such person is in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages irrespective of whether the dog owner had knowledge of the dog’s viciousness.
If the person who was bitten was also at fault for causing the incident, the dog owner’s liability will be reduced by the percentage of the bitten person’s negligence.
A dog owner is not liable, except as to a person under the age of 6, or unless the damages are caused by a negligent act or omission of the owner, if at the time of any injury, the owner had prominently displayed a sign easily readable including the words “Bad Dog.”
Florida law holds that landlords may have a duty to tenants to protect them from a dog who is vicious when the landlord has knowledge of that viciousness. Where a landlord knows that a tenant’s dog is vicious, and also maintains a sufficient degree of control over the property to protect people from dog bites, and the landlord fails to take reasonable measures to deter injury, the landlord can be held liable.
In addition, where a lease agreement includes language prohibiting tenants from keeping certain breeds of dogs on the landlord’s leased property, landlords could be liable for failing to enforce that language if an injured person can prove that the landlord knew or should have known that the prohibited breeds resided on the property.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Florida, the statute of limitations is 2 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Fla. Stat. §§ 767.01, 767.04 -
While the owners of dogs are generally liable for injuries when they knew, or should have known, that a dog had a propensity to bite, owners of dangerous and potentially dangerous dogs are liable for injuries and damages caused by their dogs whether they were negligent or not.
Georgia dog owners can, however, be held liable for injuries under simple negligence if the owner was in violation of a local ordinance, such as a leash law.
Georgia law defines a “potentially dangerous dog” as a dog that, without provocation, bites a person.
Georgia defines a “dangerous dog” as any dog that 1) causes a substantial puncture of a person’s skin by teeth without causing serious injury, 2) aggressively attacks in a manner that causes a person to reasonably believe that the dog posed an imminent threat of serious injury or 3) while off the owner’s property, a dog kills a pet animal; however this shall not apply where the death of such pet animal is caused by a dog that is working or training as a hunting dog, herding dog, or predator control dog.
Landlords can be held liable for dog bite injuries caused by dogs owned by their tenants if the injured person can show that the injury occurred in a common area, and the landlord knew of the dog’s violent propensity or character.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Georgia, the statute of limitations is 2 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Georgia does not have a Dog Bite Statute. -
Hawaii imposes liability for damages on dog owner or harborer whose dog causes injury to a person where they know of the vicious or dangerous propensities of the dog from past behavior, or because of the dog’s breed without the need to prove negligence. The injury can be the result of a bite, or other behavior that is not dangerous or vicious, such as a friendly knockdown on a hiking trail.
Under Hawaii dog injury law, the dog owner will not be liable for injuries if the injured person was trespassing or otherwise, provoked, tormented or abused the dog.
Hawaii does not have a specific Dangerous Dog Statute.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Hawaii, the statute of limitations is two (2) years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Haw. Rev. Stat. Ann. § 663-9 -
Idaho does have a Vicious Dog Statute. In Idaho, dogs are deemed to be dangerous when a complaint has been made to the sheriff and a notice has been given to the owner. Additionally, a “vicious dog” is any dog that physically attacks, wounds, bites, or injures any person who was not trespassing at the time the injury occurred and was not provoking the dog.
Under the Vicious Dog Statute in Idaho, owners must keep such dogs in a secure location which is controlled by the dog owner. When a vicious dog is not in a secure enclosure, the owner must restrain the dog with a chain that fully controls the dog.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, lost wages, physical pain and mental suffering, disfiguring scarring and loss of consortium.
STATUTE OF LIMITATION:
In Idaho, the statute of limitations is 2 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Idaho Code § 25-2805 -
If a dog, without provocation, attacks, attempts to attack or injures any person who is peaceably conducting themselves in any place where they may lawfully be, the owner of such dog is liable in civil damages for the full amount of the injury proximately caused by dog. .
In Illinois, landlords are generally not liable for injuries caused by a bite from a tenant’s dog. In certain circumstances, however, a landlord may be held liable for injuries caused by a tenant’s dog, if the dog had a history of dangerous behavior and the landlord knew about it, or if the landlord prohibited dogs on the tenant’s premises.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Illinois, the statute of limitations is 2 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time or you will be forever time barred from pursuing a case.LAW REFERENCE:
510 I.L.C.S. 5/16 -
Indiana law holds that if a dog owner violates a local ordinance that regulates the confinement of dogs resulting in injury, the dog owner will likely be found negligent.
Landlords in Indiana can be held liable for injuries caused by a tenant’s dog, provided if it can be proven that the landlord exercised control over the property, and knew of the dog’s vicious propensity. Indiana case law defines the term “vicious behavior” as “a propensity or tendency of an animal to do any act which might endanger the safety of person or property in a given situation.”
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, lost wages, and pain and suffering.
STATUTE OF LIMITATION:
In Indiana, the statute of limitations is 2 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time or you will be forever time barred from pursuing a case.LAW REFERENCE:
Ind. Code § 15-20-1-3 -
In Iowa, the owner of a dog shall be liable to an injured party for all damages done by the dog when the dog is attacks or attempts to bite a person, except when the injured person is committing an unlawful act which directly contributes to the injury. If the dog was biting, or attempting to bite, when it caused the injury, the owner will be liable for all damages without having to prove that the owner was negligent.
If a dog causes injury in a manner other than biting or attempting to bite, such as a knockdown caused by a friendly dog, the owner can still be liable provide the injured person proves that the owner was negligent.
Iowa does not hold owners liable for injuries caused by a dog, if at the time of the injury, the dog was affected with rabies unless the owner had reasonable grounds to know that the dog was afflicted and by reasonable effort might have prevented the injury.
Iowa does not have a Dangerous Dog Statute.
In Iowa, a landlord is liable to a person injured by a tenant’s dog if the injured person is invited onto the property, and the landlord knew or should have known that the dog was dangerous and failed to take reasonable steps to ensure that the property was safe.
Iowa law also holds that a landlord has a duty to keep common areas reasonably safe by taking steps to prevent a dog that the landlord knows to be dangerous from harming people.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Iowa, the statute of limitations is 2 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Iowa Code Ann. § 351.28 -
In Kansas, the owner of a dog that causes injury to a person will be liable provided it is proven that they were negligent. Where an owner has no reason to know that a dog is not vicious, the dog owner will not be found liable for damages if the animal unexpectedly injures someone.
Although Kansas does not have a Dangerous Dog Statute that applies to the entire state, local municipalities are authorized to enact local ordinances regulating dangerous dogs.
Kansas law does not hold a landlord liable for injuries caused by a tenant’s dogs.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Kansas, the statute of limitations is 2 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.
LAW REFERENCE:
Mercer v. Fritts, Henkel v. Jordan, 236 Kan. 73 (1984)
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Kentucky defines a dog “Owner” as:
• Every person having a right of property in the dog;
• Every person who keeps or harbors the dog;
• Every person that has the dog in his or her care;
• Every person who permits the dog to remain on or about premises owned and occupied by him or her;
• Every person who permits the dog to remain on or about premises leased and occupied by him or her;
A landlord can be held liable for dog injuries if:
the landlord knew or should have known that the dog was dangerous;
the damage took place in an area under the control of the landlord; and, the landlord failed to take reasonable steps to prevent the harm.
Kentucky law allows dogs that cause injuries to people can be formally classified as dangerous. When a dog is deemed dangerous, the owner is required to take certain measures to ensure that the dog is confined and controlled at all times.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Kentucky, the statute of limitations is 1 year from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Ky. Rev. Stat. § 258.235 -
Where a person injured by a dog caused or contributed to the injury, damages will be reduced in proportion to that person’s percentage of fault. A person who provokes a dog cannot recover any damages for their injuries.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Louisiana, the statute of limitations is 1 year from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
La. C.C. Art. § 2321 -
In Maine, people injured by dogs outside the owners/keepers premises can recover damages without having to prove that the dog owner was negligent, provided the injured person was not more than 50% responsible for causing their own injury.
Maine defines a “keeper” of a dog as a person in possession or control of a dog. Maine defines the term “person as an individual, corporation, partnership, association, or any other legal entity.”
In Maine, the owner/keeper of a dog can be liable for damages arising from dog bites and knockdowns.
STATUTE OF LIMITATION:
In Maine, the statute of limitations is 6 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time or you will be forever time barred from pursuing a case.LAW REFERENCE:
Me. Rev. Stat. Ann. § 3961 -
A person other than an owner of a dog [a keeper, for example a dog walker] is liable for damages for personal injury or death caused by the dog under the common law of liability relating to attacks by dogs involving people without regard to the breed or heritage of the dog.
The owner of a dog is liable for any injury or death caused by the dog, while the dog is running at large, unless the injury or death occurred while the person was:
Committing or attempting to commit a trespass or other criminal offense on the property of the owner;
Committing or attempting to commit a criminal offense against any person; or
Teasing, tormenting, abusing, or provoking the dog.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Maryland, the statute of limitations is 3 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Code of Maryland § 3 – 1901 -
In Massachusetts, any person injured by a dog, whether the injury is the result of a bite, knockdown, or while fleeing from a dog, may recover damages from the owner/keeper unless the injured person was committing a trespass, or abusing or tormenting the dog.
Minors under the age of seven (7) are presumed to be incapable of abusing a dog.
A “keeper” of a dog is defined as a person, business, or other entity, other than the owner, having possession of a dog.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Massachusetts, the statute of limitations is 3 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time or you will be forever time barred from pursuing a case.LAW REFERENCE:
G.L. c. 140, § 155 -
In Michigan, a dog owner is liable for damages caused by a dog bite:
If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the owner’s property, the dog’s owner shall be liable for any damages irrespective of whether the dog owner had knowledge of the dog’s vicious propensities.
A person is lawfully on the private property of the owner of the dog if: 1) the person is performing a duty imposed the law [or postal regulations of the United States] or if the person is an invitee or licensee of the person lawfully in possession of the property unless for purposes of an unlawful or criminal act.
In Michigan, landlords have a duty of care to keep their premises safe and free of hazards. A person who is injured by a dog owned by a renter may be able to recover from the landlord. The injured person must prove that the landlord knew or should have known that a dangerous dog was kept on the rental property and failed to take reasonable steps to remedy the risk of harm in a timely manner.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Michigan, the statute of limitations is 3 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Mich. Comp. Laws Ann. § 287.351 -
In Minnesota, if a dog without provocation attacks or injures any person who is acting peaceably in any place where the person may lawfully be, the owner of the dog is liable for the full amount of the injury sustained. The term “owner” includes any person harboring or keeping a dog, but the owner shall be primarily liable. The term “dog” includes both male and female of the canine species.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Minnesota, the statute of limitations is 3 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
MN. Stat. Ann. § 347.22 -
If a person is injured by a dog that is defined as “dangerous” or “potentially dangerous” under Mississippi law, the owner will be liable for damages without the need to prove negligence. The owner of a dog can be on notice that a dog is dangerous or potentially dangerous if the dog attacks other animals, growls menacingly, or jumps on visitors.
In addition, Mississippi law recognizes that certain dog breeds, such as Pit Bulls and Rottweilers have more dangerous propensities than other breeds such as Golden Retrievers and Border Collies.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Mississippi, the statute of limitations is 2 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Poy v. Grayson, 273 So. 2d 491 (Miss. 1973) -
In Missouri, if it is determined that the injured person was partially at fault for causing the incident, any damages owed by the owner or possessor of the biting dog will be reduced by the same percentage that the damaged party’s fault contributed to the incident.
In Missouri, a landlord can be held liable for injuries caused by a tenant’s dog if the landlord knew or should have known that a dog was dangerous, and failed to take reasonable steps to prevent the risk of harm.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Missouri, the statute of limitations is 5 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Mo. Rev. Stat. § 273.036
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If a previously friendly dog injures someone on its owner’s property, the owner will be held liable. But if a previously friendly dog injures someone in a public place, the owner may not be held liable. Many jurisdictions in Alabama have leash laws, which could make a previously friendly dog’s owner liable for damages if the owner failed to comply with the leash law or other applicable local rules or ordinances.
People injured by previously friendly dogs may only recover actual damages for such as lost wages and injury-related medical bills. They may not recover for pain and suffering. Where it can be proven that an owner was aware of a dog’s aggressiveness and the owner’s negligence caused the injuries, the injured person can recover non-economic damages, such as pain and suffering. In certain egregious cases, punitive damages may also be recovered.
Alabama law allows recovery for dog bites and other types of injuries, such as being knocked to the ground.
STATUTE OF LIMITATION:
In Alabama, the statute of limitations is 2 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
AL Code § 3-1-3 and AL Code § 3-6-1 -
In Alaska, any person injured by a dog, whether the injury is the result of a bite, being knocked to the ground, falling while fleeing from a dog, or any other manner, may recover damages from the dog owner if the owner knew or should have known that the dog had a propensity to cause injury.
Alaska law also allows people injured by a dog, or other domestic animals, to recover damages under the legal theory of negligence.
People injured by dogs may also recover damages under the legal theory of negligence per se, which happens when a dog owner is found to have violated a local city or town ordinance that is intended to prevent dog injuries, such as a leash law.
STATUTE OF LIMITATION:
In Alaska, the statute of limitations is two (2) years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Unlike many states, Alaska does not have a statute governing dog injury claims but such claims are governed by case law. -
A person injured from a dog bite can recover from the dog owner, provided the injured person was not provoking the dog or trespassing. This is referred to as “strict liability” And means the dog owner is liable irrespective of knowledge of the dog’s viciousness.
This standard does not apply to injuries caused by dogs in a manner other than a bite, such as a knockdown. A dog owner may be liable for injuries caused by a knockdown, upon a showing of negligence.
A landlord is generally not liable for injuries caused by a tenant’s dog. If, however, landlord becomes aware of the presence of a dangerous dog in a tenant’s home, and does nothing to remove the dog, the landlord may be liable to the injured person.
Arizona law does not permit lawsuits for damages against any governmental agency using a dog in military or police work, if the bite occurred while the dog was defending itself from a provoking act or assisting an employee of the agency in certain official actions, such as executing a search warrant.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Arizona, the statute of limitations is one (1) year from the date of injury for a dog bite. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.Under another Arizona statute of limitation, a lawsuit for injuries caused by a dog in a manner other than a bite [such as a knockdown or while fleeing from a dog] a claim must be filed within two (2) years of the date that the injury happened, or or you will be forever time barred from pursuing a case.
LAW REFERENCE:
Ariz. Rev. Statutes, §11-1025 -
In Arkansas, cities and towns are authorized to promulgate local ordinances regarding the ownership and control of dogs.
In some cities and towns in Arkansas, the owner of a dog that is known to be dangerous from past history will be found liable for damages caused by such dog without regard to the owner’s negligence or fault. A dog’s propensity to injure may result from playfulness as well as viciousness.
Other cities and towns may hold a dog owner liable for damages without regard to negligence, or the dog owner’s knowledge of dangerousness.
Still other Arkansas cities and towns allow a person injured by a dog not known to be dangerous, to recover damages if they can prove that the owner was negligent in the handling of their dog. If the owner of a dog violates a local ordinance that is intended to prevent harm from dogs, such as a leash law, the violation of the ordinance can generally be presented as evidence of negligence.
The types of damages that a person who is injured by a dog in Arkansas may recover include actual costs, such as medical bills, lost wages, property damage and other expenses. An injured person may also recover damages for pain and suffering, depression, post-traumatic stress, anxiety and other impacts on one’s quality of life.
Damages may be reduced, however, by the percentage of an injured person’s comparative negligence for causing the injury. If an injured person is 50% or more responsible for causing the injury, such as by tormenting or teasing a dog, recovery will be barred.
STATUTE OF LIMITATION:
In Arkansas, the statute of limitations is 3 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case. -
In New Jersey, a dog owner will be held liable for injuries caused by their dog without proof of negligence, provided the injured person was not trespassing with criminal intent.
Persons injured by dogs in New Jersey may recover economic damages and non-economic damages. Economic damages include medical bills, future medical bills, lost wages, physical therapy, and other costs. Non-economic damages include pain and suffering, mental harm, permanent physical limitations, loss of companionship, and scarring.
A landlord in New Jersey may be held liable for injuries caused by a tenant’s dog, if the landlord knew that the dog posed a danger to others and failed to have the dog removed from the rented premises.
STATUTE OF LIMITATION:
In New Jersey, the statute of limitations is 3 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time or you will be forever time barred from pursuing a case.LAW REFERENCE:
N.J. Rev. Stat. § 4:19-16 (2022) -
While In New Mexico does not have a dog bite statute, the owner of a dog that injures a person may be liable under other types of liability, such as negligence, nuisance, or willful misconduct of various kinds.
New Mexico law defines a potentially dangerous dog as one that poses a threat to public safety as evidenced by:
• causing injury to a person or domestic animal that is less severe than a serious injury
• chasing or menacing a person or domestic animal in an aggressive manner without provocation
• acting in a highly aggressive manner within a fenced yard or enclosure and appearing able to jump out of the yard or enclosure.
New Mexico defines a “dangerous dog” if it caused serious injury to a person or domestic animal. However, a dog will not be declared dangerous or potentially dangerous if it was:
• responding to pain or injury
• protecting itself or its offspring
• protecting or defending a person or domestic animal from an attack
The owner of a dangerous or potentially dangerous dog must comply with registration and handling requirements within 30 days or have the dog humanely put down.
The owner of a dangerous or potentially dangerous dog is required to:
• Keep the dog under control at all times, have a proper enclosure, have a microchip implemented, and be licensed, among other things;
• Keep the dog exclusively on the owner’s property except for medical treatment or examination;
• Keep the dog muzzled and restrained with a lead no longer than four feet, and keep the dog under complete control at all times when the dangerous dog is removed from the owner’s property, or keep the dog caged;
• Post a clearly visible warning sign with a conspicuous warning symbol indicating that there is a dangerous dog on the premises is posted where the dog is kept and is visible from a public roadway or from 50 feet, whichever is less.
In New Mexico, a landlord may be held liable for injuries caused to people by a tenant’s dog if they injured person can prove by a preponderance of evidence that the landlord was legally responsible for control and maintenance of the property, the landlord knew or should have known that a tenant’s dog was vicious or potentially dangerous, and the landlord fails to remove such dog from the tenant’s premises.
People injured by a renter’s dog may also be able to recover damages from a landlord under a premises liability theory when they can prove by clear and convincing evidence that the landlord owed them a duty of care, that the landlord breached that duty, and the landlord’s breach caused the person to be injured.
STATUTE OF LIMITATION:
In New Mexico, the statute of limitations is 3 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Smith v. Village of Ruidoso, 128 N.M. 470 (1999) -
While New York does not have a dog bite statute, New York does have a statute for civil penalties. Under that statute, in addition to a dog owner’s liability when negligence is proven, a dog owner who negligently permits his or her dog to bite someone is subject to a civil penalty of up to $400. In cases where the dog causes a serious injury, the owner will be subject to a civil penalty up to $800.
New York also has a Dangerous Dog statute. The statute defines a “dangerous dog” as a dog that:
without justification, attacks a person, a companion animal, a farm animal or a domestic animal and causes physical injury or death. “Physical injury” means impairment of physical condition or substantial pain;
a dog that behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death. “Serious physical injury” means physical injury which creates a substantial risk of death, or serious disfigurement, protracted impairment of health or impairment of the function of a bodily organ;
a dog that, without justification, attacks a service dog, guide dog or hearing dog and causes physical injury or death.
In New York, a landlord can be held liable for injuries caused by a tenant if the injured person can prove that the landlord was negligent. A landlord who has knowledge that a tenant keeps a dangerous dog on the premises and fails to take reasonable steps to remove the dog, or to ensure that it is fully contained to prevent injury, may be liable for damages stemming from negligence.
In addition, some cities, counties, in New York prohibit certain breeds of dogs from being kept at rental properties and a landlord can be held liable for injuries when he or she knowingly allows a prohibited breed from staying on the property.
STATUTE OF LIMITATION:
In New York, the statute of limitations is 3 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time or you will be forever time barred from pursuing a case. -
While North Carolina does not have a dog bite statute, it does have a “Dangerous Dog” statute. The owner of a dangerous dog shall be liable for damages or any injuries that a dog inflicts upon a person, without the need to prove that the owner was negligent, provided the injured person was not was committing a willful trespass, tormenting, abusing, assaulting the dog or committing or attempting to commit a crime.
North Carolina’s dangerous dog statutes do not apply to certain dogs such as law enforcement dogs and hunting or herding dogs.
There is no requirement that the injured person prove that the dog that caused their injury actually bit someone in the past. “Owner” means any person or legal entity that has a possessory property right in a dog. In general, the owner of a dog that has been deemed dangerous will be liable for damages without the need to prove that the owner was negligent.
Under North Carolina law, a dangerous dog means a dog that without provocation:
• kills or inflicts severe injury on a person;
• Is determined to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in subdivision (2) of this subsection;
• A dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
Under North Carolina law, a “Potentially Dangerous” dog is one that has:
• Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization;
• Killed or inflicted severe injury upon a domestic animal when not on the owner’s real property; or,
• Approached a person when not on the owner’s property in a vicious or terrorizing manner in an apparent attitude of attack.
In North Carolina, a landlord can be found liable for injuries caused by a tenant’s dog when the landlord has control of a tenant’s dog through language in a lease, or otherwise, and the landlord knew of a dog’s dangerous tendencies.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In North Carolina, the statute of limitations is 3 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
N.C. Gen. Stat. Ann. § 67-1 through 18 -
North Dakota does not have a Dog Bite Statute or a Dangerous Dog Statute.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In North Dakota, the statute of limitations is 6 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Sendelbach v. Grad (May have been overruled or modified by O’Leary v. Coenen) -
In Ohio, the owner, keeper, or harborer of a dog is liable in damages for any injury or death to person that is caused by the dog, unless the injury or death was caused to the person who was committing or attempting a criminal trespass on the property of the owner/ keeper or was teasing, tormenting, or abusing the dog on the owner’s property.
Additionally, the owner of a dog is liable for any injury or death caused by the dog if the harm to the person who was on the property of the owner solely for the purpose of engaging in door-to-door sales or other solicitations regardless of whether the individual was in compliance with any requirement to obtain a permit or license to engage in door-to-door sales.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Ohio, the statute of limitations is 2 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time or you will be forever time barred from pursuing a case.LAW REFERENCE:
Ohio Rev. Code. Ann. § 955.28 -
In Oklahoma, a person injured by a dog can recover against the dog’s owner(s) without the need to prove negligence provided the injury occurs on a place where her or she has a lawful right to be. A person is considered to be lawfully upon the private property of the owner of a dog when in the performance of any duty imposed upon him by law or [the postal regulations of the United States] when reading meters, making repairs to any public utility, when working on said property at the request of the owner or any tenant or when on such property upon the invitation of the owner or lessee of such property.
The term “public place” means and includes any and all public buildings, parks, playgrounds and recreational facilities, and any and all places of business, amusement or entertainment which are privately owned, where merchandise, property, entertainment or facilities are offered for sale, hire, lease, or use.
In Oklahoma, a person injured by a dog can recover from the landlord of the place where a dog is located if the landlord was aware that such dog was dangerous or vicious.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Oklahoma, the statute of limitations is 2 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
4 Okla. Stat. Ann. § 4-42.1 -
The owner of a dog will be held liable if they knew of the dogs’ dangerous propensities without the need to prove negligence. A person injured by a dog bite can recover against the dog owner provided he or she proves that the injury was caused by the dog owner’s negligence.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Oregon, the statute of limitations is two (2) years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Westberry v. Blackwell, 282 Or. 129 (1978) -
In Pennsylvania, proving that a dog owner’s negligence resulted in injury to a person can be achieved in a number of ways. A dog owner will be liable for injuries if he or she knew that the dog had “unmistakable vicious tendencies” and failed to adequately control the dog. Pennsylvania law holds that a dog can display vicious behavior without actually biting a person. Additionally, Pennsylvania law states that a previous bite by a dog does not automatically render that dog vicious.
In Pennsylvania, dog owners will generally be found negligent if they violate the law which requires that dogs be restrained at all times.
Pennsylvania may allow a claim against a landlord if:
• The landlord knew that there was a dangerous dog on the property and failed to take steps to remove it.
• The landlord specifically cared for the dog or had control over the dog when the bite occurred.
• The landlord allowed a dog that had been deemed “dangerous” onto the property.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Pennsylvania, the statute of limitations is 2 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
3 Ps. Stat. § 459-502 -
In Rhode Island, people injured by dogs can recover damages from a dog owner/keeper for dog bites or knockdowns. Proof of negligence is not required if an injury occurs outside the dog’s enclosure. Dog owners/keepers can be found liable for injuries caused by a dog when a local ordinance or leash law is violated. If a dog previously injured someone, the owner/keeper is liable for double damages and the court may order that the dog be put down.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Rhode Island, the statute of limitations is 3 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time or you will be forever time barred from pursuing a case.LAW REFERENCE:
R.I. Gen. Laws § 4-13-16 -
Under South Carolina law, a “dog” includes all members of the canine family. “Vicious dog” means any dog evidencing an abnormal inclination to attack persons or animals without provocation.
People injured by a law enforcement dog may not recover damages, provided the dog was handled according to all applicable rules and regulations governing the proper use of police dogs.
South Carolina also has a “dangerous animal” law. Under the law, a dangerous animal includes a dog that the owner knew or reasonably should know, has a propensity to attack unprovoked, cause injury, or threaten the safety of people. South Carolina also deems a dog as “dangerous” when it has committed an unprovoked attack off the owner’s property that causes bodily injury.
“Bodily injury” is defined as broken bones, lacerations, punctures of the skin or any physical injury resulting in death.
A “dangerous dog” does not include a dog that attacks a person who is trespassing or who appears to be trespassing.
Owners of dangerous dogs must comply with strict requirements to prevent injury to people, including:
Confining the dog securely indoors or in an enclosed and locked pen outdoors;
Restrict the dog to the owners premises unless the dog is safely restrained, such as on a leash;
The owner of a dangerous dog much register the dog with local law enforcement; and,
Owners of dangerous dogs must maintain at least $50,000 in liability insurance for personal injuries caused by the dog.
STATUTE OF LIMITATION:
In South Carolina, the statute of limitations is 3 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
S.C. Code. Ann. § 47-3-110 -
South Dakota does not have a Dog Bite Statute. To recover damages for a dog bite injury, the injured person must prove that the dog owner knew or had reason to know that the dog had vicious propensities and that the owner was negligent in failing to prevent the injury.
In South Dakota, a “vicious dog” is defined as:
• A dog which, when unprovoked, in a vicious or terrorizing manner approaches in an apparent attitude of attack, or bites, inflicts injury, assaults, or otherwise attacks a person in public;
• any dog which on private property when unprovoked in a vicious or terrifying manner approaches in an apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks a mailman, meter reader, serviceman, delivery man, or other employed person who is on the owner’s property with permission.
• a dog cannot be declared vicious if an injury is sustained while a person was committing a trespass or other tort on the owner’s premises, or if the injured person was teasing, tormenting, abusing, or assaulting the dog, or committing or attempting to commit a crime at the time of the injury.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In South Dakota, the statute of limitations is 3 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Blaha v. Stuard, 2002 SD 19 -
A dog owner will not be liable for injuries under Tennessee law if:
The dog is a police or military dog, the injury occurred during the course of the dog’s official duties and the person that was injured was suspected of engaging in conduct that prompted the police or military to utilize the services of the dog;
• The injured person was trespassing upon the private, nonresidential property of the dog’s owner;
• The injury occurred while the dog was protecting the dog’s owner or other innocent party from attack by the injured person or a dog owned by the injured person;
• The injury occurred while the dog was securely confined in a kennel, crate or other enclosure; or
• The injury occurred as a result of the injured person enticing, disturbing, alarming, harassing, or otherwise provoking the dog.
If a dog causes injury to a person while the person is on residential, farm or other noncommercial property, and the dog’s owner is:
the owner of the property,
on the property by permission of the owner, or
as a lawful tenant or lessee, the injured person shall be required to establish that the dog’s owner knew or should have known of the dog’s dangerous propensities.
Under Tennessee law, a “dog owner” means a person who, at the time of the damage caused to
another, regularly harbors, keeps or exercises control over the dog, but does not include a person who, at the time of the injury, is temporarily harboring, keeping or exercising control over the dog.
Under Tennessee law, “running at large” means a dog goes uncontrolled by the dog’s owner upon the premises of another without the consent or goes uncontrolled by the owner upon a highway, public road, street or any other place open to the public generally.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Tennessee, the statute of limitations is 1 year from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Tenn. Code Ann. § 44-8-413 -
In Texas, court’s have held that: “The owner of a dog is not liable for injuries caused by it, unless it is vicious and knowledge or constructive notice of that fact is shown or brought home to the owner.”
A person injured by a dog can recover damages if it is proven that the owner, harborer, or keeper was negligent, and that negligence caused the injury. In addition, dog owners, harborers, or keepers can be liable for injuries caused to people when they fail to stop a dog attack in progress. Finally, dog owners, harborers, or keepers can also be liable for injuries when they violate and animal control law.
Texas does, however, permit a person injured by a dog to recover damages based on negligence. As such, the owner, harborer, or keeper of a dog that causes injury can be held liable even where they did not know of the dog’s dangerousness or vicious nature, provided it can be proven that the owner was negligent, and that negligence caused the injury.
To recover on a negligent handling claim, a plaintiff must prove:
• the defendant owned or possessed an animal;
• the defendant owed a duty to exercise reasonable care to prevent the animal from injuring others;
• the defendant breached that duty; and,
• the defendant’s breach proximately caused plaintiff’s injury.
Under a negligence theory of recovery, the injured person does not need to prove that a dog previously bit a person or acted like it was going to bite someone.
In Texas, a person injured by a dog can also recover damages where a person violates an animal control law, regardless of whether the violation is committed by the dog owner, harborer, or keeper. The injured person must prove that there was a violation of a statute or local ordinance, and the violation caused the injury.
In Texas, a person can be liable for injuries caused by a dog when they fail to stop a dog attack after it has begun.
A landlord or landowner in Texas can be liable for injuries that occur in the common areas of rental properties by their failure to rid a premises of a known dangerous dog.
Texas permits closely related bystanders to recover for emotional distress stemming from dog injuries.
The owner, harborer, or keeper of a dog that causes injury to a person can defend against liability on the grounds that the injured person’s own negligence contributed to the injury. If the injured person is more than fifty percent (50%) at fault, they will be barred or not able to recover damages.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Texas, the statute of limitations is 2 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
V.T.C.A., Health & Safety Code § 822.005 -
In Utah, the owner or keeper of a dog is liable for injuries regardless of whether the dog is vicious or mischievous or whether the owner has knowledge of such behavior unless:
• the dog was working in law enforcement and was in compliance with all rules and regulations governing the use of dogs at the time of injury;
• the injury or death occurred on the dog owner/keeper’s property while the dog was reasonably secured in a fence or other enclosure and the person injured or killed was trespassing; or,
• the injured person’s fault for causing the injury or death was more than fifty (50%) percent.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Utah, the statute of limitations is four (4) years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Utah Code Ann. § 18-1-1 -
In Vermont, dog owners/keepers can be held liable for injuries caused by dogs, provided the injured person can prove that the owner’s negligence caused the injury.
In Vermont, landlords can be held liable for injuries caused by their tenant’s dog.
Landlords owe a duty to take reasonable steps to protect persons outside the rented property from injuries caused by a tenant’s dog, if the landlord knew or had reason to know at the time the lease was entered into that the dog posed an unreasonable risk of harm to such persons.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Vermont, the statute of limitations is 3 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time or you will be forever time barred from pursuing a case.LAW REFERENCE:
Hillier v. Noble, 142 Vt. 552 (1983) (describing negligence standard in dog bite cases). -
In Virginia, a person injured by a dog can recover damages against the dog owner if he/she [the plaintiff] proves the owner’s negligence caused the injury. An exception is when the dog owner violates a local ordinance intended to prevent harm from dogs, in which case proof of negligence is not required.
In Virginia, a landlord may be found liable for injuries caused by a dog owned by their tenant under certain circumstances, if the landlord violates the common law duty of exercising ordinary care to protect other persons from injuries that might be inflicted by his dog.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Virginia, the statute of limitations is 2 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Butler v. Frieden, 208 Va. 352 (1967) (describing negligence standard in dog bite cases). -
A person injured by a dog properly engaged in law enforcement may not recover damages for injuries.
Owners of dangerous dogs as determined by past behavior must comply with additional requirements such as registering the dog, confining the dog, and posting a clear warning sign on the property where the dangerous dog is kept.
In Washington, a landlord can be held liable for injuries caused by a tenant’s dog under premises liability when the landlord knows, or in the exercise of reasonable care should know, that a dangerous dog is kept on the premises and presents an unreasonable risk of harm to invitees, and fails to take reasonable care to protect them from the danger.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Washington, the statute of limitations is three (3) years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Wash. Rev. Code § 16-08-040 -
In West Virginia, a person injured by a dog may recover damages if they prove that the owner was negligent. An owner will generally not be found negligent unless an injured person proves that the owner could have reasonably foreseen the injury, with particular focus on the dogs past behavior and characteristics.
If a person injured by a dog can show that the owner knew that the dog had vicious or dangerous propensities, the owner will be liable without the need to prove negligence.
In West Virginia, any owner or keeper of any dog who permits such dog to run at large will be liable for any to a person while so running at large. The injured person does not have to prove that the owner of a dog was negligent if the injury was caused while the dog was “running at large.”
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In West Virginia, the statute of limitations is 2 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
W. Va. Code § 19-20-13 -
In addition, a negligent dog owner is subject to a fine of up to $500. A person who is injured by a dog in a second or subsequent attack, may recover double the single damages against the owner, and the owner will face a fine of up to $1,000.
Where the owner of a dog knew or should have known that the dog previously caused injury, the owner will be liable for twice the amount of damages.
In general, landlords are not liable for injuries caused by dogs on leased property unless the dog belongs to the landlord or is under the landlord’s control.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Wisconsin, the statute of limitations is 3 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Wis. Stat. § 174.02(1)(a) and Wis. Stat. § 174.02(1)(b) -
Unlike some states, Wyoming does not have a Dangerous Dog Statute that applies statewide. Individual counties in Wyoming, however, can enact dangerous and vicious dog ordinances.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In Wyoming, the statute of limitations is 4 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.LAW REFERENCE:
Borns ex. rel. Gannon v. Voss, 2003 WY 74.
DISCLAIMER:
The information provided on this website is for general informational purposes only. The information on this site is not legal advice, and no attorney-client relationship is formed through the use of this website. Laws relating to dog injuries can, and do, change. To learn your legal rights, contact The Snow Law Firm, or contact a licensed and experienced attorney in your state.
MINOR STATUTE OF LIMITATION RULE:
In most states, when a minor is bitten or injured by a dog, the statute of limitation period does not begin to run until the minor reaches the age of 18. Thus, for example, if an 11-year-old child is bitten or injured by a dog in a state that has a 3 year statute of limitation period within which to file a lawsuit, they will have three years from the date they turn 18 years of age, and would thus have to file a lawsuit before they turn 21 years of age. In most instances, however, it is recommended that a parent or guardian bring a claim for a dog bite or injury claim on behalf of a minor child before waiting for the injured child to turn 18.
RECOVERABLE DAMAGES IN GENERAL:
Some states limit the type of damages that a person bitten or injured by a dog can recover. In most states, however, a person who is bitten or injured by a dog can recover damages that include medical expenses, future medical expenses, lost wages, loss of earnings capacity, physical pain and mental suffering, scarring, permanency of injury, periods of total and/or partial disability and loss of spousal consortium.