How Dog Owners Can Avoid a Lawsuit
Dog owners can take some simple steps to prevent injuries and legal headaches.
Dogs bite 4.7 million people every year.
The explanations are nearly as numerous as the pet dogs, now counted at more than 62 million. Some speculate that Americans, frightened of crime, are favoring fiercer breeds. Also, busy owners too often leave their pets home alone, untrained, and unsocialized. Dogs that spend a lot of time by themselves (especially if they're tied up), aren't used to being around strangers, or haven't received basic obedience training, are prime candidates to bite.
Who's Liable?
Those injured usually have the law on their side. In the old days, the law gave dog owners what was called "one free bite." Put simply, an owner wasn't liable for injuries unless the dog had already shown it was likely to hurt someone. The dog didn't actually have to have bitten someone for example, if your dog lunged at the neighbor, teeth bared, you were considered to be on notice that the dog might bite.
Thes days, most states make owners liable for any harm their dog causes, whether or not the owner had reason to suspect that the dog was dangerous. Dog owners can find themselves on the hook for an injured person's medical expenses and lost wages, or even the therapy bills of a traumatized child. The dog owner may not be liable if the dog was provoked, or if the injured person was trespassing, but claims like these are often very hard to prove after the fact.
It's far better, of course, to avoid injuries rather than fight about legal liability after they happen. And the truth is that dog owners could prevent most bites.
Teach Your Dog
It's your job, as an owner, to train and socialize your dog. Humane societies everywhere offer low-cost basic obedience classes, which are a good way to teach your dog to behave around other dogs and people. Moreover, plenty of good tips are available in books such as How to Be Your Dog's Best Friend and The Art of Raising a Puppy, by the Monks of New Skete.
It's also up to you, as a responsible pet owner, to spay or neuter your dog. It will cut down not only on the number of unwanted dogs, but also on injuries to people. Unsterilized dogs are three times more likely to bite, according to the Humane Society of the United States. Sterilization will also make it easier to keep your dog from straying.
Here are some other simple steps to take.
Never let a dog run at large. In some states, you're automatically liable for any injury your dog causes while at large.
Keep your dog's vaccinations current. Rabies vaccinations are required by law. If your dog bites someone, the authorities, not to mention the victim, will view it a lot more seriously if the dog hasn't had a recent rabies shot.
Keep the dog out of strangers' paths. Lots of people mail carriers, salespeople, poll-takers, girl scouts routinely come to your front door. Keep the dog away from it. A fenced front yard isn't good enough; most people will open a gate and walk on up to the door.
Post warning signs. If you have any reason to think that your dog might injure someone coming onto your property, post "Beware of Dog" signs prominently. However, remember that young children can't read. If you think children might still be at risk, put a lock on the gate.
Teach Your Children
Children are much more likely to be bitten than are adults, and boys are more likely to be bitten than girls. In large part, these injuries occur because the children have never been taught how to behave around dogs. All kids should know these basic rules:
- Don't pet a dog without letting the dog sniff you first.
- Never disturb a dog that's eating, sleeping or caring for puppies.
- Don't run from a dog.
- Try not to make eye contact with a dog; it can be threatening to a dog.
Finally, don't assume that familiarity breeds safety. Many children are bitten by dogs they are familiar with, on the dog's home turf. Children may take more chances with a dog they know, and a dog is more protective in its own home.
For a practical guide to the legal issues that affect dogs, their owners and their neighbors every day, get Every Dog's Legal Guide, by Mary Randolph (Nolo).