The legal rights of a dog bite victim depend on where the attack happened, meaning the state and city.
The laws vary from state to state, and sometimes even from city to city. Most states make the dog owner responsible and liable for all bites, even if the dog never bit anyone before. That’s right-a dog does not get “one free bite”; so don’t count on that! If Fido is a snapper, a growler or just plain can’t be trusted, muzzle that rascal up, or don’t let him out unattended.
Fore more information about your state’s dog bite law and how to protect your legal rights see our wiki article called Dog bites
OTHER DEVELOPMENTS
- State Legislation and Court Decisions: According to the Humane Society of the United States, several states, including Kentucky, Michigan, New Jersey, New York and Vermont, have bills pending that would prohibit insurers from canceling or denying coverage to the owners of particular dog breeds. Insurers generally oppose legislation that would require changes to their dog breed practices. They contend that government public health studies and the industry’s claims histories show that some breeds are more dangerous than others and are higher loss risks.
- In September 2004 the Ohio Supreme Court upheld a lower court decision, ruling that a law requiring the owners of certain dogs to confine their pets and purchase liability insurance is unconstitutional. The Ohio law required owners of vicious dogs to carry at least $100,000 worth of liability coverage. The basis of the majority decision was the failure of the statute to give dog owners the right to contest the classification of their pets as “vicious” or “dangerous” by dog wardens.
- In April 2004 Colorado passed a law that makes dog owners liable for any dog bite injury. Victims of dog bites are now entitled to damages “regardless of the viciousness or dangerous propensities of the dog or the dog owner’s knowledge of” those propensities. The new law also bars municipalities and counties from outlawing specific breeds of dogs. Several other states, including California, Florida, Illinois, Maine, Minnesota, New Jersey, New York, Oklahoma, Pennsylvania, Rhode Island, Texas and Virginia prohibit restrictions that target individual breeds.
See also…