Dog Owner Liability

Can you be sued if your dog bites someone?

By Anna Morrison-Ricordati
Attorney at Law

When I was a kid, every day after school my sister and I would whistle for the neighbor's dog, Motley. The rambunc ­tious Schnauzer never failed to zip un ­der his fence, bounding down the street and into our yard.

While my sister and I adored Motley, sacrificing countless tennis balls in an effort to keep him entertained, our mom was not so smitten. She saw Mot ­ley as the creator of slobbered sleeves, scrapes, nips, and bruises. She referred to Motley only as "that dog," when she was once forced to explain to a dentist how I had knocked out two front teeth by tripping over Motley in a race around the back yard. Several hundred dollars of dental work later, my sister and I were still playing with Motley. And de ­spite our mom's constant requests that the neighbor fix his fence, it never once crossed her mind that that she might sue Motley's owners.    

Oh, how times have changed.

In an increasingly litigious society, legal liability can be an unfortunate conse ­quence of dog ownership. And depend ­ing on the laws in your state, liability may not be limited to irresponsible or careless owners.

If a state's law mandates strictly liability, a dog owner can be liable for almost any injury caused by his/her dog. Liability is imposed even if the dog's intentions were good, such as an exuberant greet ­ing that causes a person to fall on hard pavement or down stairs. Other states have laws imposing liability only if a dog owner knew of the dog's tendencies to cause injury. Commonly referred to as the "one bite rule," a dog owner sued by the parents of a bitten child may none ­theless be liable even if the dog had never before bitten anyone, but had previously demonstrated aggression around children.

The context of a dog-inflicted injury will affect the legal outcome. A dog owner may avoid liability if extenuat ­ing circumstances are present. Such circumstances may be found if the in ­jury was provoked, or if the injured per ­son assumed the risk, was trespassing, breaking the law, acting carelessly, or contributing to his/her own injury.

In civil litigation, the two most contest ­ed issues are provocation and assump ­tion of risk. Interestingly, a person's intentions are irrelevant to provoca ­tion. Instead, provocation is based on whether the dog perceived the person's actions as threatening.  

Provocation is most easily found when an individual is kicking, hitting, tor ­menting, and/or abusing a dog. How ­ever, snatching a dog's food while it is eating, unintentionally stepping on a dog's tail, and a toddler wrapping her arms around a dog's neck may also be enough to show provocation.  

A person may assume the risk of the injury by examining an injured dog in a veterinary office or approaching a growling dog in a fenced yard (without legal right to be on the property). Less apparent acts that may trigger assumption of risk include attempt ­ing to break up a dog fight or attempting to befriend an unknown dog without the owner's permission.

Dog-related injuries can be expensive for the dog owner. A person injured by your dog can sue for the cost of medi ­cal bills, damage to property (i.e. clothing), and emotional distress caused by the injuries. Verdicts have ranged from hundreds of dollars for minor injuries to hundreds of thousands of dollars in the case of a severe mauling. Whether or not you are ultimately liable, you may still incur heavy legal expenses defending your case. And in most cases, even if you win, your attorney's fees will not be reimbursed.

Simple precautions can prevent many injuries caused by dogs. Comfort muz ­zles and harnesses can alleviate con ­cerns about stressful situations, such as introducing your dog to new people or animals. Also, watch your dog care ­fully for any signs of anxiety and be prepared to leave a situation in which your dog is not comfortable. Do not al ­low stressful situations such as a holi ­day party to serve as your dog's first ex ­posure to children or multiple guests in your home. Keep your dog safe in a separate room, or if possible, board your dog for the evening.   Allowing your dog to interact with others can lead to serious legal issues. Know your dog and use common sense to determine what level of interaction is appropriate for any given situation.

For more information or to contact:
Anna E. Morrison-Ricordati
AMR Law Group, LLC
111. W. Washington St.
Suite 1760
Chicago, Illinois 60602
(312) 376-7660 Phone
(888) 376-7660 Fax
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