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Dog Bite Law Research Paper

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Dog bite law in the United States varies dependent on location and in addition to the common law an attorney must consider both state legislation and also the local law applicable to the town or city.

State Legislation

Some states still retain the old dog bite law whereby a pet owner will not be held liable in the civil courts to pay compensation unless the animal has shown previous aggressive tendencies. Most states do however make the owner liable for the consequences of all incidents of aggression and compensation for trauma is payable in these cases even if there has been no previous attack or show of aggression. Dog bite law in every state confers liability if the pet owner was negligent or maintained custody or control with knowledge …show more content…
The general rule is that an owner is strictly responsible for bites and will be held responsible merely for being the owner. It is unnecessary to accuse the owner of being negligent or breaking a law in order to claim compensation.

Statutory Strict Liability States

Alabama, Arizona, California, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois , Indiana, Iowa, Kentucky, Louisiana, Maine , Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Ohio, Oklahoma, Pennsylvania, Rhode Island , South Carolina, Utah, Washington, West Virginia, Wisconsin.

One Free Bite

A minority of states has the one free bite rule and they generally do not have specific statutes. A dog bite injury lawyer may have difficulty in proving cases in these states. The owner and possibly others are not liable for the first injury, unless negligence caused the injury to occur and thereafter there is strict liability for harm caused by a known dangerous propensity.

One Bite States

Alaska, Arkansas, Colorado, Georgia, Idaho, Kansas, Maryland, Mississippi, Missouri, Nevada, New Mexico, New York, North Carolina, North Dakota, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Vermont, Virginia, Wyoming.

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