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Quick Overview of Dog Bite Strict Liability Statutes

Rebecca F. Wisch


Michigan State University - Detroit College of Law
Publish Date:
May 2006 (updated 11/07)
Place of Publication: Michigan State University - Detroit College of Law
Printable Version

Quick Overview of Dog Bite Strict Liability Statutes

 This article provides a list of the states that impose strict liability to dog owners for any damages suffered by any person as the result of a dog bite.  Approximately 34 states and D.C. have some form of strict liability for dog bites or other personal injury done by dogs.  The main feature of these statutes is that liability is assigned regardless of the dog's former showing of vicious tendencies or the owner's knowledge of the dog's viciousness.  In general, the only two exceptions arise under these statutes: (1) provocation of the dog by the victim; and (2) governmental agencies (i.e., law enforcement) who are using dogs in the apprehension of criminal suspects or in the investigation of a crime.  Links to the actual text of the statute are provided by clicking on the state name.

 

State

Citation & Link

What Dogs (all dogs, loose or dangerous dogs)?

What Kind of Damage (bite or any injury)?

What places?

Provocation exclusion?

Exclusions other than provocation?

Alabama

 

AL ST 3-6-1

Any dog

Bite or injure

A place where victim has a legal right to be

Not expressly provided

Mitigation of damages provision: The owner of such dog shall, however, be entitled to plead and prove in mitigation of damages that he had no knowledge of any circumstances indicating such dog to be or to have been vicious or dangerous or mischievous, and, if he does so, he shall be liable only to the extent of the actual expenses incurred by the person so bitten or injured as a result of the bite or injury.

 

Arizona

 

AZ ST 11-1025

Any dog

Bite only

Is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog

Proof of provocation of the attack by the person injured shall be a defense to the action for damages. The issue of provocation shall be determined by whether a reasonable person would expect that the conduct or circumstances would be likely to provoke a dog.

 

Any governmental agency using a dog in military or police work if the bite occurred while the dog was defending itself from a harassing or provoking act, or assisting an employee of the agency in any of the following:

1. In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect's involvement in criminal activity.

2. In the investigation of a crime or possible crime.

3. In the execution of a warrant.

4. In the defense of a peace officer or another person.

 

California

 

Cal Civ Code 3342

Any dog

Bite only

While in a public place or lawfully in a private place, including the property of the owner of the dog. (A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner).

Not expressly listed in statute, but one case has held that defenses of assumption of the risk and comparative negligence (provocation). “The defenses of assumption of the risk and contributory negligence may still be asserted” in an action brought under section 3342. (Johnson v. McMahan (1998) 68 Cal.App.4th 173, 176 [80 Cal.Rptr.2d 173].)

Trespassers (not lawfully on owner’s property)

Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) against any governmental agency using a dog in military or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following:

(1) In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect's involvement in criminal activity.

(2) In the investigation of a crime or possible crime.

(3) In the execution of a warrant.

(4) In the defense of a peace officer or another person.

(c) Subdivision (b) shall not apply in any case where the victim of the bite or bites was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act or acts that prompted the use of the dog in the military or police work.

(d) Subdivision (b) shall apply only where a governmental agency using a dog in military or police work as adopted a written policy on the necessary and appropriate use of a dog for the police or military work enumerated in subdivision (b).

 

Colorado

 

CO ST 13-21-124

Any dog

Bite only

While lawfully on public or private property (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).

Provocation

(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 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.

 

 

 

Connecticut

 

CT ST 22-357

Any dog

Any damage to person or property

Presumably any place

Provocation - teasing, tormenting or abusing such dog. If a minor, on whose behalf an action under this section is brought, was under seven years of age at the time the damage was done, it shall be presumed that such minor was not committing a trespass or other tort, or teasing, tormenting or abusing such dog, and the burden of proof thereof shall be upon the defendant in such action.

Trespasser or committing other tort

Delaware

 

DE ST T. 7 Sec. 1711

Any dog

Any injury, death or loss to person or property

Presumably anyplace

Provocation - teasing, tormenting or abusing the dog.

A person who, at the time, was committing or attempting to commit a trespass or other criminal offense on the property of the owner, or was committing or attempting to commit a criminal offense against any person

D.C.

 

DC ST 8-1808 and DC ST 1812

ONLY dogs at large

Injures

Presumably any place

Not provided

Not provided

Florida

 

FL ST 767.04

Any dog

Bite

In a public place, or lawfully on or in a private place, including the property of the owner of the dog

Any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident. However, the owner is not liable, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on his or her premises a sign easily readable including the words "Bad Dog."

None other than provocation/trespass

Georgia

 

GA ST 51-2-7

ONLY vicious or dangerous animals who are AT LARGE by negligence of the owner

Any injury

Statute does not limit, but may not include owner’s property b/c animal must be “at large”

Provocation

Not listed

Hawaii

 

HI ST 663-9; 663-9.1

Dog (or other animal); can be owner or harborer of dog

Any personal or property damage

Any place

Provocation (§ 663-9.1)

Trespassers not protected (§ 663-9.1)

Illinois

 

IL ST CH 510 Sec. 5/16

Dog (or other animal)

Attacks or injures

In any place where victim may lawfully be

Without provocation

None other than provocation

Indiana

 

IN ST 15-5-12-1

A dog

Bites

Any person who is peaceably conducting himself in any place where he may be required to go for the purpose of discharging any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States of America

Not specifically provided

The dog is owned by:

(1) the United States;

(2) an agency of the United States; or

(3) a governmental entity (as defined in IC 34-6-2-49);

and the dog is engaged in assisting the owner or the owner's agent in the performance of law enforcement or military duties.

 

Iowa

 

IA ST 351.28

Any dog

For all damages done by the dog (when the dog is caught in the action of worrying, maiming, or killing a domestic animal, or the dog is attacking or attempting to bite a person)

Presumably anyplace

When the party damaged is doing an unlawful act, directly contributing to the injury

This section does not apply to damage done by a dog affected with hydrophobia unless the owner of the dog had reasonable grounds to know that the dog was afflicted with hydrophobia and by reasonable effort might have prevented the injury.

Kentucky

 

KY ST 258.235(4)

Any dog

Any damage

Presumably anyplace

Not provided

Not provided

Louisiana

 

LA C.C. Art. 2321

Any dog

Injuries caused by a dog that an owner could have prevented

Presumably anyplace

Provocation

Not provided