Understanding Legal Liability and Pet Guardianship
Owning a pet is a responsibility — both from a care perspective, and in terms of legal liability. While media and sensational reporting would have the public believe that certain dogs are more prone to biting and attacks against humans, in actuality, any size of dog — from Chihuahua to Great Dane — is capable of injuring others.
An important part of dog guardianship is to understand the legal liabilities that pertain to your dog, and to take measures to train and enforce safe behaviors in your pet.
How American Laws Regarding Dog Liability Vary
In more than half of U.S. states, there is a ‘Statutory Strict Liability’ law enacted that makes the owner responsible for all damages incurred by a pet, including injury. However, in many states, legal liability for a dog bite is limited to damage compensation — which includes medical expenses to bite victims, but not pain and suffering. In those states, pet owners are held liable for hospital bills, surgery, and medical care of the bite victim, as well as any damage to vehicles or property as a result of the bite, but typically cannot be sued for other damages.
There are provisions in most U.S. states that account for circumstance, and provide compassion to both the pet owner and the dog in extenuating circumstances. Liability judgements and penalties may be dismissed or significantly reduced, if the dog bite occurred under one or more of the following conditions:
- The dog bite victim was trespassing on the owner’s private property.
- The victim was a dog trainer, security, military or police handler, or veterinarian who was working with the dog at the time of the bite.
- The dog bite victim was committing a felony offense or other crime against the owner of the dog at the time of the incident.
- The victim had expressed written or implicit verbal consent, and assumed the risk of interacting with the dog prior to the bite.
- The dog bite victim was harming the pet owner, or causing physical injury or threat to the dog, at the time of the bite.
In addition to strict or moderate liability laws, which vary by state, some jurisdictions also enforce a ‘one bite’ bylaw or condition. The intention of the ‘one bite’ laws is to control the instances of dogs who have a history of causing injury, which may imply improper training or deliberate violent conditioning against humans, which is deemed to be a threat to public safety. Unfortunately, rehabilitated dogs, or those that have been retired from military or police service or rescued from illegal dog fighting, can fall into the repeat offender category.
Personal liability insurance can provide coverage for individuals and any damages incurred by pets, and most renters and home owner insurance policies do have a pet provision (check with your insurance carrier for specifics). There is also gap coverage available, to add additional liability protection for pet owners. It is recommended for dogs who are medium sized or larger, and those that have the capacity to cause significant or life threatening damages or injuries. Consider, however, that even a small toy breed can create a life-altering injury when at face level. Liability insurance is affordable, and offers peace of mind and protection for dog owners.
Steps That You Need to Take After a Dog Bite Incident
If your dog is responsible for an attack that caused physical injury to another person, or to property, New Jersey personal injury lawyers advise immediate steps that you should take to organize information, and prepare to present your circumstance to the authorities, in the event that legal action is taken.
- Be very careful of what you say to the victim. Shouting in frustration at them, or admissions of guilt or further aggression, can quickly change a bite circumstance into a civil lawsuit. Be calm, remove your dog from the scene, and treat it with the same care and concern that you would treat an at-fault car accident. Exchange telephone numbers if possible, and provide your address to demonstrate your compliance (and regret) regarding the incident.
- Call your vet to request a copy of all updated shots and treatments. If you feel the issue may go to court, your veterinarian can also provide a ‘conditioning report’ if they have treated your pet for a long time. This letter can help support your case, particularly if your dog has a history of non-violent and stable behavior.
- Prepare for your municipal animal control to contact you. Typical protocol when damage or loss has occurred is to quarantine the pet. This can be done at the owner’s home in most cases, and animal control may also inspect your quarantine area. During this period, your dog should not be permitted off of the property, and strangers should not be permitted to interact with your dog. Animal control may also call for reports on the dog’s behavior, and medical records and a mandatory muzzle may be required for the duration of the quarantine.
- Call your insurance provider and get guidance regarding your liability coverage. File a report with your insurance carrier as soon as possible after the incident.
Few people anticipate that their dog will land them in court, but if it appears that the matter may become a civil liability suit, it is also important to contact a lawyer for advice. If the attack was unprovoked, the pet owner will need legal representation. Pet owners need to be prepared for a fight to avoid court-ordered euthanasia, which is implied for second or third offenses in most states.