FAQ: Dog/Animal Bites

If a neighbor's dog bit a person on their own property, can a legal claim be filed?

It depends on the circumstances. First, one will need to determine, for example, whether the state imposes "strict liability" on dog owners. If so, the injured person may only need to prove that the dog injured him/her. If the state does not have a strict liability law, the injured person may need to show that the neighbor knew or should have know of the dog's vicious propensities before it attacked the person.

Can a person bring a legal claim if he or she was bitten by a stray dog? If so, against whom?

Most likely, a person bitten by a stray dog will not have a legal claim. Municipalities are generally not responsible for stray dogs. If, however, a dog is being kept at the local pound and escapes and bites someone, there may be a claim against the pound. If the pound's negligence caused the injury, the injured person may be able to recover damages.

If someone went to a house to perform work, and was bitten by the property-owner's dog, can a claim be filed?

In most cases, if someone is asked into a house (or onto property) to perform work for someone else, the person who owns the property has a legal responsibility to take reasonable efforts to protect everyone from injury. Thus, if the person has a pet, the person might be responsible for keeping the pet away from others, or at least warning others of the presence of the animal. Note that the injured person may also have a workers' compensation claim against his/her employer.

When a police dog bites someone, can a claim be filed?

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 is the case, the police may be required to compensate the injured person for their injuries.

If a dog bit someone while he/she was working, can a workers' compensation claim be filed?

If the injury occurred during the course of the normal work duties, a person will most likely be able to file a claim for workers' compensation with his/her employer. In addition to the workers' compensation claim, if the owner of the dog is not the employer, the injured person may be able to bring a legal claim against that person as well.

If a city has a "leash law" and a dog owner violates this law, is the owner liable for injuries caused by his dog?

Generally, yes. If an owner violates a leash law, and her dog attacks someone, many courts will hold that this fact alone is enough to conclude the owner was negligent, and that the injured person is entitled to compensation from the dog owner. To find out about city and state leash laws, you should contact one of our attorneys.

Can a person be imprisoned for keeping a vicious animal?

Yes, there have been numerous instances where people have been criminally convicted for knowingly owning dangerous animals. In some instances, owners have been found guilty of murder when an animal's attack killed another person. Sentences have ranged from severe fines to significant jail time.

If someone else's animal kills a pet, is there a legal claim?

If a pet is injured or killed by another animal, a person may be entitled to receive "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 someone spent additional money on a pet -- other than for normal veterinary bills - he/she should be compensated for such sums. In some cases, he/she may be able to receive compensation for mental anguish, loss of the companionship of the pet, and even punitive damages.