Legal Definitions - dog-bite statute

A dog-bite statute is a specific type of law found in many states that makes a dog owner legally responsible for injuries or damages caused by their dog, even if the owner was not negligent or unaware of the dog's potential to cause harm. This concept is known as strict liability, meaning the owner is held accountable simply because the incident occurred and their dog was involved.

Here are some examples to illustrate how a dog-bite statute might apply:

• Scenario: A delivery driver is walking up a driveway to drop off a package. As they approach the front door, the homeowner's dog, which has never shown aggression before, suddenly rushes out and bites the driver, causing a deep laceration that requires stitches.

  Illustration: Under a dog-bite statute, the homeowner would likely be held strictly liable for the delivery driver's medical expenses and other damages. It wouldn't matter that the dog had no prior history of biting or that the owner believed the dog was friendly; the mere fact that the dog caused the injury makes the owner responsible under this type of law.

• Scenario: During a neighborhood block party, a child is playing in a friend's yard. The friend's dog, excited by the activity, playfully jumps on the child, causing the child to fall awkwardly and break an arm.

  Illustration: Even though the dog did not bite the child and its actions were not malicious, a dog-bite statute could still apply. In states with such laws, the dog owner could be held strictly liable for the child's medical bills and pain and suffering because their dog caused the injury, regardless of whether the owner could have foreseen or prevented the specific incident.

• Scenario: A dog escapes its fenced yard and wanders into a neighbor's property. While there, the dog digs up and destroys several expensive, prize-winning rose bushes and knocks over a valuable ceramic garden gnome.

  Illustration: In states where dog-bite statutes extend to property damage, the dog owner would be strictly liable for the cost of replacing the rose bushes and the garden gnome. The owner's efforts to secure the fence or their lack of knowledge about the dog's escape would not typically be a defense; the law holds them responsible for the damage their dog inflicted on the neighbor's property.