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Standard Dog Bite Law
Strict Liability Law vs. Common Law
Dog
bite laws vary from state to state. Therefore, the location
of the dog attack will determine your legal rights. In
most instances, dog bite law follows a "strict liability" theory. Under
these statutes, the dog owner is responsible for any damage caused
by an attack from their dog. For example, st1:State>
Some states, including New York, Texas Virginia and Maryland, adhere to common law principles with respect to dog bite law.
In
order for the owner of a dog to be liable to a person injured, the
burden of proof is on the plaintiff to establish that the dog was
vicious or had a natural inclination or tendency to be dangerous
and that the owner had knowledge thereof.
If
this is so, then it may be necessary to establish negligence on
the part of the dog owner. As a result of important differences
among states, it is critical that you contact
our office to determine the best course
of action to protect your legal rights. This
site provides the text of many state dog bite laws.
Dog Bite®
is a registered trademark of Dog Bite,
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"If
a dog bites a person, without provocation while the person is on
public property, or lawfully on private property, including the
property of the owner of the dog, the owner of the dog shall be
liable for any damages suffered by the person bitten, regardless
of the former viciousness of the dog or the owner's knowledge of
such viciousness."