Generally, for a dog owner to be liable for a dog bite inflicted on another person, two elements need to be established:

• The defendant is the owner of the dog; and
• The owner knew or had reason to know of his/her dog’s dangerous propensities.

In strict liability jurisdictions, the dog owner does not have to know of his/her dog’s dangerous propensities to be liable for the dog bite inflicted on another person. The dog owner is liable if the dog bites another person.

Dangerous Propensities

To determine whether the owner knew or had reason to know of the dog’s dangerous propensities, several factors may be looked at:

• Breed of dog – some breeds of dogs are known to be inherently violent, such as pit bulls.
• Confinement of dog – if the dog is usually kept in a cage or tied down on a leash, it may be an indication that the dog owner knows of his/her dog’s dangerous propensities.
• History of dog’s vicious behavior – if history indicates that the dog acts violently, then the owner is considered to have known of the dog’s dangerous propensities.
• Owner’s Verbal Remarks – if the dog’s owner ever made any remarks about his/her dog’s violent nature, those prior remarks can be used to prove that the owner had knowledge of his/her dog’s dangerous propensities.
• Purpose of dog ownership – if the owner kept the dog to guard his/her property, then the owner probably knew of the dog’s dangerous propensities.
• Warning Signs – sign that warns others of the dog on the premise can be used to prove that the owner knew of his/her dog’s dangerous propensities.

Even if the victim of the dog bite proves that the owner knew or had reason to know of the dog’s dangerous propensities, the owner may not be liable for injuries inflicted on the victim if he/she can prove that reasonable measures were taken to warn the victim of the dog’s dangerous propensities and also tried to keep the dog away from the victim.

Damages

If the victim of the successfully proves that the dog owner is liable for the injuries inflicted on the victim by the dog bite, he/she is entitled to a damage award. Several factors may be taken into consideration in determining the amount of the damage award:

• Medical cost
• Pain and Suffering
• Loss in wages

In addition, the dog bite victim may be entitled to a punitive damage award. Punitive damage is awarded to punish the wrongdoer. In order for the victim to be entitled to a punitive damage award, he/she has to prove to that the dog owner acted recklessly and that was the cause of the dog bite.

If you or someone you know was injured by a dog bite, please contact apersonal injury attorney.