Dog Bite Information Center
Frequently Asked Questions about Dog Bites
Q: What are dangerous breeds laws?
A: Some states and cities have passed laws limiting ownership and/or requiring registration of certain breeds they have deemed to be "dangerous." These are typically large breeds of dogs and may include Pit Bull Terriers, Rottweilers, Chow Chows, German Shepherds and Akitas, for example.
Q: Are certain types of dogs more dangerous than others? What determines whether or not a dog will bite?
A: According to the American Humane Society, the breed of dog does not predict whether or not the dog will bite or attack people. The American Veterinary Medical Association has determined five factors that influence whether or not a dog will become aggressive and attack people: heredity, early experience, later socialization and training, health and victim behavior.
Q: Is there anything I can do to prevent my dog from biting people?
A: Even the most docile dog may bite if it is scared, bothered while eating, being chased or teased. However, there are some things that you can do to minimize the possibility of your dog biting someone. For example, you can neuter male dogs, take your dog to training classes, socialize your dog as soon as possible with other dogs and people and keep your dog confined when outdoors to help prevent an accident from occurring.
Q: What types of damages are available to someone who has been injured by a dog?
A: Some of the types of damages that may be available include medical expenses, lost wages, lost earning capacity and pain and suffering. If your state has a dog bite statute, it may prescribe the types of damages that are available. Speak with an attorney in your area to learn more about your state's dog bites laws and the types of damages you may be entitled to for a dog bite injury.
Q: Do I have a claim if I went to a house to perform work and was bitten by the property owner's dog?
A: In most cases, if you are asked into a house (or onto property) to perform work for someone, the person who owns the property has a legal responsibility to take reasonable efforts to protect you from injury. Thus, if the person has a pet, the person might be responsible for keeping the pet away from you, or at least warning you of the presence of the animal. Note that you may also have a workers' compensation claim if the injury occurred during the course of work. Because every case is unique, however, you should consult an attorney for further clarification.
Q: A police dog bit me. Is the police department liable for my injuries?
A: It depends on the circumstances. Police cannot use unreasonable force when making an arrest or performing any other duty. The improper use of a police dog can constitute unreasonable force. If this was the case in your situation, the police may be required to compensate you for your injuries.
Q: My city has a "Leash Law." If a dog owner violates this law, is he or she liable for injuries caused by his dog?
A: Generally, yes. If an owner violates a leash law and his dog attacks someone, many courts will hold that this fact alone is enough to conclude the owner was negligent, known as "negligence per se," and that the injured person is entitled to compensation from the dog owner. To determine whether your city or state has a leash law, you should contact a local attorney.
Q: Can a person be legally punished for keeping a vicious dog?
A: Yes, there have been numerous instances where people have been criminally convicted for knowingly owning dangerous animals. In some instances, owners have been found liable for injuries and deaths involving their animals. Sentences have ranged from severe fines to significant jail time.
Q: If someone else's dog kills my pet, can I file a claim against the dog owner?
A: If your pet is injured or killed by another animal, you may be entitled to compensatory damages. The amount may include the purchase price of a similar pet, registration of a purebred animal, licensing, shots and training costs. Additionally, if you spent additional money on your pet - other than for normal veterinary bills - you may be compensated for such sums. You may also be entitled to receive further compensation if your pet had an earning capacity. In some cases, you may be able to receive compensation for mental anguish, loss of the companionship of the pet and even punitive damages. Because the laws differ in each state, check with an attorney for further information.
Q: If someone trespasses on my private property and my dog attacks them, am I liable for his or her injuries?
A: Maybe. Some jurisdictions recognize the trespasser defense, in which dog owners are not liable for injuries sustained by those unlawfully on their property. However, not all jurisdictions recognize this defense and some will still impose liability on the property owner if he or she acted negligently. An attorney can advise you on the availability of this defense in your case according to your state's laws.
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