Owners of dogs that bite can be held civilly and criminally liable.
Recovery of damages in a dog-bite case can be based on statutes, negligence or negligent entrustment (usually where a child has negligently been left in charge of an animal), or strict liability recovery theories. It's not just the dog owner who can be found liable for injury or death. Others who can be held liable include dog kennels and "dog sitters."
Recovery Based on Negligence
In order to establish a case based on negligence, the injured party must demonstrate that there was a legal duty owed to the victim. Where the case is based on the alleged negligent entrustment by a parent by leaving a young child to care for a dog, the injured party must show that the child was either too young to care for the animal, or that the child lacked the capacity to care for a dog.
Recovery Based on Strict Liability
Generally, in order to recover under strict liability, an injured party must show that the dog was either a wild dog that another person failed to contain the dog (where there is a duty to do so). An injured party must usually show that the owner knew or should have known that the dog had vicious tendencies.
Recovery Based on State Statutes
State statutes are often the basis for recovery in dog-bite cases. States and municipalities are free to impose liability using stricter standards than the traditional and common standards under negligence, negligent entrustment and/or strict liability theories of recovery. Numerous state statutes impose strict liability on the owner or keeper of a dog even without allegations that the dog had vicious tendencies. Some statutes apply different standards based on the type of dog, for example, pit bulls.
Maine's dog-bite statute allows recovery of treble damages in dog-bite cases. New Jersey's dog-bite statute specially limits a dog possessor's liability to cases where the injured party is lawfully on the dog-keeper's property.
Dangerous Propensities
Generally, the determination as to whether a dog owner or dog keeper knew or should have known of its vicious tendencies is left to a jury. Examples of conduct that can demonstrate that a dog had dangerous propensities include where a dog has previously bitten or scratched someone severely or jumped on people. In most states, the fact that a dog has bitten or attacked other dogs is not in itself indicative of having dangerous or vicious tendencies.
Emotional Distress
Some courts have allowed the parents or others with a special relationship with a child to recover damages for negligent or intentional infliction of emotional distress. This occurs when a person with a special relationship witnesses the child being bitten.
Defense Arguments
One of the defenses against dog bite liability includes cases where the victim provoked the dog such as hurting or threatening to hurt it. Some states would permit the owner to assert a defense known as "comparative negligence," although this does not affect liability but only the amount of damages that can be recovered.
Where a child trespasses and is bitten by the property owner's or possessor's dog, the injured party may assert a rebuttal argument known as the "attractive nuisance" doctrine. This doctrine provides that a possessor or owner of property in a condition that can arouse the curiosity of a child may not avoid liability for a dog bite on the basis that the victim was a trespasser.
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