Dog Bites – When Dogs Bite People

Though not often talked about when keeping pet dogs is being discussed, dog bite scenarios are among the many “watch out for” aspects in keeping dogs, a part of the whole dog-pet-keeping process which, depending on situations, have its own list of legal ramifications.

In the USA, the case of a dog biting a person is usually resolved with a straightforward settlement, typically in the form of full compensation given to the dog bite victim from the dog’s owner.

But given the differences of state statuses, county/city ordinances and court rulings/decisions in different states and localities, the “dog owner making it up to the bitten victim” setup isn’t always a resolution, since parties other than a dog owner can be held accountable for a dog bite situation.

Cases of landlords blamed for the biting activities of a stray dog, or employers who insisted orders on employees, thereby leading employees with dog bites, are known to be on record, with more and more cases related to dog bites pinning responsibility down on persons other than dog owners, even including dog bite victims as “guilty” parties.

Though there are differences in legal sanctions and rules in every state, one rule stands to be consistent, one which every dog owner should know about.

The one rule of dog bites

A dog owner or caretaker/harborer will be held liable for a dog bite situation if he/she was aware of the dog’s pre-existing tenacity to bite people.

Every state has this rule, and as such, dog owners/caretakers/harborers must take the time to know more about their dog’s tendencies, particularly with a pooch’s penchant to bite strangers who happen to be walking by.

As responsible dog owners, knowing about a dog’s habits is only expected from masters, after all, and enacting safeguards to keep dogs from biting people have to be set up.

A number of “messed up” cases have been ongoing around this rule, from cases where dog victims have to prove a dog’s owners’ awareness of the dog’s biting fixation, to parties deliberately getting themselves bitten, in an effort to gain something from the process.

As these cases prevail and are prevailing, the bottom line when it comes to dog bites and legalese is: dog owners should know their dogs, well enough to prevent dogs from biting needlessly.

So when it comes to dogs and dog bites, know your dog dear dog master. It will surely spare you from a lot of troubles and woes.

Change the Laws That Unfairly Favor Dogs Over People

I received email from a concerned parent about dangerous dogs in the neighborhood. This family
lives in Georgia.

As you might know from reading Legal Rights of Dog Bite Victims in the USA, Georgia is one
of the “mixed law” states — meaning a state that has a dog bite statute that incorporates the law of
England as it existed on July 4, 1776. About a third of our states use the so-called “one bite law”
(the English law) in one form or another. It has no place in modern America, but it exists
nevertheless.

I always tell people in these states that they can help themselves by making some phone calls.
When the law of your state protects dogs rather than children and seniors (the two groups of
people who are usually the victims of severe dog attacks), you need to get the law changed.

It’s easier than you think.

I assisted in rewriting the dog laws of Tennessee several years ago. It was at the request of one of
their state senators, Doug Jackson. Three people had contacted him about getting the laws
rewritten, he in turn contacted me, I wrote the first draft of 5 bills, and the bills were enacted into
law.

After the new laws were passed, he said to me, “Ken, people don’t realize that it only takes 2 or 3
constituents complaining about something directly to one of our legislators in order for a bill to
get introduced.”

Getting this started in your state is up to you.

About these ads