My husband recently suffered a serious dog bite that resulted in him being hospitalized for three days. Thankfully, he will make a full recovery. The ordeal raised great concerns for me, not only because my husband was a victim of a dog bite injury, but also as a dog owner.
Basically, a dog owner can be liable for injuries and damages caused by his or her dog if:
1) It is established that he or she owned or had possession of the dog. This can go beyond our typical understanding of ownership — it can include such things as keeping an animal (such as taking in a stray dog) or simply allowing the dog to be kept at a home or other property that the individual owns. This means that under certain circumstances a landlord can even be held liable for the actions of a tenant’s dog.
2) The dog had vicious or aggressive tendencies that were not generally normal for dogs.
3) The owner either knew or should have known that the dog was dangerous. This is most commonly show by demonstrating that the owner was aware that the dog had bitten someone before. If the dog has never shown dangerous tedencies before, then the owner will most likely not be liable for an injury caused by the first attack the dog has ever made. — Nonetheless, keep in mind that there is a huge difference between being liable and being sued! The owner may very well be sued for the dog’s attack. The fact that the dog had never shown vicious tendancies before the attack will then be used as a defense by the dog owner and, if proven, may be accepted by the jury as sufficient to find that the dog owner is not liabile for the dog’s actions.
4) The dog’s dangerous tendencies caused the injured individual’s damages. This simply means that the injured individual has to show that the bite actually caused the injuries that he or she is complaining of, such as scarring.
These same basic rules also apply to other domestic animals, such as cats, horses, or birds (you’d be surprised what a parrot bite can do!). There is a much more severe standard that applies to owning a wild animal, like a raccoon or wolf.
Anyone who owns a dog or other domestic animal should take their responsibilities as a pet owner very seriously. Make sure that your pets are securely maintained by keeping your home and fences secure and in good condition. Good training is also extremely important, whether you go through a formal training class or simply do at home instruction. Your dog needs to be properly socialized and trained to help ensure that the dog will be safe to expose to other people — especially children.
