Dog Bite Law: A Quick Overview

Dog bites and pet attacks are an all too common part of personal injury law. Each year there are an estimated 5 million victims of dog bites alone, 800,000 of which require some form of medical treatment. Though most dog bites are minor, some can be so severe that they result in the loss of human life. According to the Journal of the American Medical Association, 32 people died due to dog attacks in 2007. Today in the United States there are an estimated 80 million dogs. The number of fatal dog attacks has been on the rise, nearly doubling since the 1990’s. Many times pets, especially dogs, are part of our families. Nevertheless, dog owners have a responsibility to protect the public against potentially dangerous animals.

State laws that pertain to animal bites and attacks generally break down into two categories. The first are states that have statutes that specifically address when an animal owner may be liable if their dog injures another person. Most states, including New Hampshire, have these statutes. In New Hampshire, dog owners are responsible for whatever damage their dog does unless the dog attacks a person while they are trespassing on the owner’s property. This is known as strict liability. Accordingly, a dog owner in New Hampshire will be responsible for paying whatever damages occur from their dog biting another person. In New Hampshire it doesn’t matter whether the dog had committed an aggressive act in the past.

The second type of state law pertaining to animal bites and pet attacks are the “one-bite” state laws. Vermont is one state that follows the “one-bite” rule. These laws are essentially based in negligence principles. If an owner has a dog that has bitten someone in the past, and that dog bites another person, the owner is responsible for the damages. The logic behind this rule is that the owner knew the dog was dangerous, and they should have taken extra precautions. In these types of states, a dog owner may be liable on the first bite if the owner knew the dog had an inclination to attack based on the dogs past behavior. The logic behind this rule is the owner knew, or should have known, that the dog was dangerous. Thus the owner should have taken extra precautions. For example, Rottweilers were responsible for 74% of dog bites from 1982 to 2006. They have a natural inclination for aggressive and violent behavior. Thus, a Rottweiler owner may have to take extra precautions to prevent their dog from attacking another person.

There are some instances where a victim of a dog bite or pet attack may have no claim. I already mentioned one. If a person trespasses onto someone else’s property and they are bitten by that person’s dog, they may have no claim. Another exception to liability may be incases of a veterinarian. A veterinarian’s job is to treat animals. As such, veterinarians assume the risk the animal biting or attacking. A third example is if the victim provoked the animal and the animal attacks. A final example is a police dog or military dog.

The preceding is a short overview of dog bite and animal attack laws. These laws can be complicated; accordingly, it is advisable to consult with an attorney if you or a loved one has been a victim of an animal attack that resulted in personal injury.

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