Dog bite law
Web sites and other published material are now widely available which explain the basics of dog bite law and how this area of law applies to personal injury caused by dog bites. This site directs readers to those web sites and other relevant publications that merit the attention of individuals seeking further understanding of dog bite law.
Dog bite laws vary from state to state. Basically, the law in this country is dichotomized into law which makes an owner strictly liable for injuries caused by a dog bite regardless of the owner's prior knowledge, and into law which makes an owner liable only if they had knowlewdge of the dog's dangerous nature (e.g. common law theory). In addition, in every state, recovery for person injury can also be made on the basis of negligence theory.
Some states like California and Michigan, make an owner strictly liable for a dog bite (barring certain caveats like trespassing and provocation) while other states, such as Texas and New York, do not have laws supporting statutory strict liability. In these latter states, the burden remains with the plaintiff to demonstrate that, prior to the incident in question, the dog owner had actual knowledge of the dangerous propensities of the dog.
One general trend in dog bite law, beginning around 2000, has been a shift away from the common law standard in favor of law which favors strict liability. For example, in Colorado, legislation lessened the significance of one-free bite and made liability based on negligence relatively more important. On the other hand, a recent appeallate decision in the state of New York reaffirmed the common law notion that an owner must have known (or possibly "should have known") of a dog's dangerous propensities in order for liability to be imposed.
Information pertaining to a property owners liability for a dangerous dog maintained by a tenant, and a wealth of information as it pertains to other areas of animal law, including domesticated farm animals, can be found on the excellent web site hosted by the Michigan State University College of Law.
The reader should note that this part of dogexpert.com is indeed very sparse compared with attorney Ken Phillip's somewhat overwhelming, but extremely comprehensive website dogbitelaw.com. The reader is directed to Phillips' site for a wealth of information on dog bite law, and legal nuances pertaining to dog related injuries according to State. Phillips markets products on his site which attorneys also might find helpful.
Research Dog Bite Law
- California dog bite statue
- Verdicts & Settlements
- Punitive damages in dog bite cases
- Dog bite opinions from California Appellate, Circut & Supreme court
- Database of plaintiff dog bite attorneys
- Legal News archives
Contact Info:
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