How To Prove Fault in States Without Dog Bite Laws

States that don't have strict liability dog bite laws require the injured person to prove the dog owner knew or had reason to know that the dog had vicious propensities. This means the owner would have known the dog was predisposed to bite or attack and was negligent in handling the animal.

Other states have the common law one-bite rule. This means the injured person shows that the dog bit someone before, so the owner knew it could happen again.

This FindLaw article explains how to prove an owner knew of aggressive behavior in states without strict liability laws.

Factors That May Show a Dog Owner Expected a Dog Bite Injury

A dog bite lawyer can examine some universal factors to show that the dog's owner knew it might attack. Even if the dog's owner did not know it was vicious, these common factors can show that the owner should have known it could hurt someone.

Risks Associated With the Dog's Breed and Size

A dog's breed or size does not automatically mean it will cause personal injury to someone. But, a good personal injury lawyer can show that it's usually common sense that a dog owner with a large dog would know the dog may cause serious injury.

Many dog bite cases involve dogs stereotypically associated with vicious propensities like:

• Chow chow
• German shepherd
• Pit bull terrier
• Rottweiler

The larger a dog is, the more strength they may have to harm someone or cause disfigurement.

The Reason the Owner of a Dog Has It

Dog bite victims have an easier time proving a dog owner knew of a dog's vicious propensities if the owner has the dog for certain reasons. A dog could be a dangerous dog if the owner keeps them for these reasons:

• Attacking
• Guarding
• Protecting
• Working (law enforcement or military)

This is even true if the animal does these activities on private property.

Behavior of the Dog

The more frequently a dog barks, snips, bites, and lunges, the more likely its owner knows it is a vicious dog or prone to attack. This aggressive behavior is evidence the owner knew of the dog's vicious propensities.

A dog owner is likely liable for a dog attack when they know about aggression complaints against their dog. An example would be if a neighbor in the apartment complex reported to the landlord and the owner that the dog was off-leash and nipped at them. If the owner did not keep the dog in their apartment or on a leash, following leash laws, then this is evidence that the owner knew the animal could attack.

Even if an animal has never attacked a human before, if it fought with other animals, then this could show it is vicious.

Frequent Confinement of the Animal

An owner knows their dog may injure someone if they keep them away from others. Some examples are if the dog:

• Stays in a cage on the property
• Stays on a chain on the property
• Stays on a tight leash
• Walks at times other animals do not walk
• Wears a muzzle

These circumstances show the owner is aware of the animal's dangerous nature.

Warning Signs of the Owner

An owner's liability increases if they warn others about their dog. Here are some examples:

• Beware-of-dog signs
• Detailed instructions to pet sitters or dog walkers
• Dog wears a patch that says "Give Me Space" or "Nervous Dog"

Verbal warnings to other people or animals on walks are another warning sign an owner knows their animal is dangerous.

Incidents With Animal Control

If the owner has had animal control called to the property about their dog, then some state laws use this to show the owner knew their dog was dangerous. This is especially true if the owner puts a disclaimer "Beware of Dog" on their home after these incidents or starts handling their dog differently.

Another example is where the owner disobeys local leash laws. Violating local ordinances, especially continuously, can show the owner's negligence. Leash laws are to protect other people and animals in public places and on private property.

Proving a Dog Bite Claim

Having just one of these factors for your case is not enough. You need to prove the dog owner's knowledge of the dog's aggressive behavior with evidence. Examples of evidence include:

• Animal control reports
• Photographs
• Police reports or dog bite reports
• Social media posts
• Sworn witness statements
• Videos

To have a successful case, you must also prove there was an injury.

• The autopsy report and death certificate in wrongful death
• Employment records if claiming lost wages
• Medical records of the dog bite or disfigurement
• Mental health records for pain and suffering or loss of consortium claims

A judge or a jury reviews all the factors and evidence before deciding. Even if your case does not go to trial, an insurance company will want these documents to determine the amount of your claim.

Need Help Proving Fault for a Dog Bite? Contact a Dog Bite Attorney

In preparing to meet with an attorney about an animal bite or attack, read up on your state's dog bite laws, consider the above factors, and communicate with people in the community. These could strengthen your case even if your state lacks strict liability dog bite laws.