Dog bite liability laws, governed by statute 18-1-706, impose strict liability on dog owners for injuries caused by their pets. Homeowners and tenants are affected by these laws, which vary by state.
As of January 1, 2020, a $500 threshold applies to dog bite claims.
Dog Bite Liability Laws
Under Section 18-1-706, dog owners are liable for damages if their dog bites someone, regardless of the dog’s past behavior. The one-bite rule, a common law standard, is overridden by statute in many states, including California, which imposes strict liability under Section 3342 of the Civil Code, with a 3-year statute of limitations.
In practice, this means that dog owners can be held liable for up to $100,000 in damages, depending on the severity of the injury and the state’s specific laws, such as the $50,000 cap in Texas, which applies after a 30-day waiting period.
Eligibility and Requirements
To file a dog bite claim, the victim must have been bitten on public or private property, and the dog’s owner must have been negligent or violated a leash law, such as Section 316.1899 of the Florida Statutes, which requires dogs to be on a leash no longer than 6 feet. A 6-month residency requirement applies in some states.
The court considers the dog owner’s knowledge of the dog’s viciousness and the owner’s failure to take reasonable precautions, such as posting warning signs, as required by Section 7.12.090 of the Washington Revised Code, which also imposes a $1,000 fine for non-compliance within 30 days.
Required Documents
Victims must provide medical records, witness statements, and proof of the dog’s ownership, which can be obtained from the local animal control agency or the dog’s veterinarian, and must be submitted within 60 days. A police report is also required, as mandated by Section 18-4-103 of the Colorado Revised Statutes.
In plain terms, the required documents include:
* A copy of the medical bill, which must exceed $1,000, as required by Section 41.240 of the Arizona Revised Statutes;
* A statement from the dog’s owner, which must be notarized within 10 days;
* A photograph of the dog, which must be taken within 30 days of the incident.
The Filing Process
Filing the Complaint
The victim must file a complaint with the court, which costs between $200 and $500, depending on the state and the complexity of the case, and must be filed within 90 days. The complaint must include the dog owner’s name and address, as well as a detailed description of the incident.
This is where the law gets teeth, as the complaint triggers a 30-day response period for the dog owner, during which they must file an answer or risk default judgment, as outlined in Section 12-8-103 of the Utah Code.
Serving the Defendant
The victim must serve the defendant with a copy of the complaint and a summons, which can be done by a process server or a law enforcement officer, and must be completed within 60 days. The defendant has 20 days to respond, as mandated by Section 30-3-204 of the Oklahoma Statutes.
In practice, this means that the victim must provide proof of service, such as a signed affidavit, which must be filed with the court within 10 days, and can cost up to $100.
Discovery and Trial
The parties will engage in discovery, which includes exchanging evidence and taking depositions, and can last up to 6 months. The case will then proceed to trial, which can be a jury trial or a bench trial, depending on the state and the complexity of the case, and can cost up to $5,000.
The court will apply the relevant dog bite liability laws and consider factors such as the dog’s history of aggression and the owner’s negligence, as outlined in Section 4-102 of the Illinois Statutes, which imposes a 2-year statute of limitations.
Costs and Timeline
The cost of filing a dog bite claim can range from $500 to $5,000, depending on the complexity of the case and the attorney’s fees, which can be up to 33% of the settlement. The timeline can range from 6 months to 2 years, depending on the state and the court’s schedule, and can be affected by a 60-day waiting period.
In plain terms, the victim can expect to pay up to $2,000 in filing fees and up to $10,000 in attorney costs, and can receive up to $50,000 in damages, depending on the state and the severity of the injury, as outlined in Section 2310 of the Louisiana Civil Code.
State-by-State Differences
Some states, such as California and New York, have strict liability laws, while others, such as Texas and Florida, have more lenient laws. For example, California imposes a $50,000 cap on damages, while New York has a $100,000 cap, and can be affected by a 1-year statute of limitations.
That distinction matters, as victims in states with strict liability laws may have an easier time recovering damages, while victims in states with more lenient laws may need to prove negligence, as outlined in Section 767.04 of the Florida Statutes, which requires a 30-day notice period.
What Can Go Wrong
Common mistakes include failing to file the complaint within the statute of limitations, which can range from 1 to 3 years, depending on the state, and failing to serve the defendant properly, which can result in a dismissed case, and can be affected by a 20-day response period.
In practice, this means that victims must be diligent in following the filing process and seeking the advice of an attorney, who can cost up to $200 per hour, to ensure that their case is handled correctly and that they receive the maximum amount of damages, up to $100,000, as outlined in Section 18-1-706.
The court is currently enforcing dog bite liability laws, with a recent update to Section 18-1-706, which increases the statute of limitations to 3 years, and imposes a $1,000 fine for non-compliance within 30 days, as of January 1, 2022.
- National Association of Insurance Commissioners. insurance regulation overview
- Consumer Financial Protection Bureau. insurance consumer rights
- Office of the Law Revision Counsel. relevant federal insurance statute
