District of Columbia Dog Bite Laws
By Kit Yona, M.A. | Legally reviewed by Katrina Wilson, Esq. | Last reviewed June 25, 2024
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A dog may be man's best friend, but sometimes, they bite the hand that feeds them. Worse still, they may bite the hand of a neighbor, a postman, or a young child. Dog bite attacks are sudden, violent, and traumatic for dog bite victims, often having a lasting effect on their lives. It’s no easier for the pet owner, who must deal with the repercussions of their beloved dog’s aggressive behavior.
In the aftermath of dog attacks in Washington, D.C., it’s important to understand the dog bite statutes and the legal rights of everyone involved. In this article, we’ll examine who is responsible when a dog bites someone, explain what the dog laws in the District of Columbia mean, and detail what you can expect in the aftermath of a dog bite episode.
Read on to learn about these subjects and much more.
Understanding District of Columbia Dog Bite Laws
While Washington, D.C., offers advice for dog owners on how to train their animals against attacking, laws are in place to help avoid attacks and aid and protect dog bite victims. All dogs must be collared, tagged, and vaccinated against rabies. Unless in a specifically designated park, all dogs must be leashed when off their owner’s property.
If you’re the owner of the dog who bites someone, after helping the victim, be sure to provide them with your name and contact information. Report the bite to D.C. Animal Control at (202) 576-6664. You may need to give your veterinarian’s contact information as well so they can verify that your dog has the proper vaccinations.
A dog that bites is quarantined for 10 days, although this number can vary. It depends on the animal that bites and whether their vaccinations are up to date.
Liability, Negligence, and Dog Bite Law in Washington, DC
The District of Columbia follows a mix of the strict liability doctrine and the one bite rule. This means that if your dog bites someone while at large, meaning your dog is neither on a leash nor on your property, the strict liability aspect applies. You are liable for their medical bills and may also face a dog bite lawsuit. Your homeowners’ insurance should cover this. But check your policy to be sure.
If the dog was under the owner's control at the time of the bite incident, the one bite rule comes into effect. This states that if your dog hasn’t previously bitten someone or displayed aggressive behavior, you were unaware of this trait and aren’t liable. In this situation, the victim must prove that the dog owner was negligent.
Further complicating the question of responsibility is that Washington, D.C., uses contributory negligence. Under contributory negligence, if the victim is deemed to have any amount of responsibility for the dog bite injury, they can’t recover damages.
As you can see, assigning blame through the dog bite laws of the District of Columbia is no easy task. If you’re a dog bite victim and feel confused, frustrated, or overwhelmed, consider speaking with a dog bite attorney to better understand your rights and legal options.
Dog Classifications in Washington, D.C.
Certain behaviors can earn a dog living in the District of Columbia one of two different classifications. Either the mayor or someone in animal control with authority will conduct a hearing to determine a dog’s status. The ensuing decision may be appealed by the dog’s owner.
The two possible classifications are listed below, along with the criteria required for the label.
Potentially Dangerous Dog
A dog is deemed potentially dangerous if guilty of any of the following:
Chases or menaces a person or domestic animal in an aggressive manner without provocation, causing an injury to a person or domestic animal that is less severe than a serious injury
In a menacing manner, approaches without provocation any person or domestic animal as if to attack, or has demonstrated a propensity to attack without provocation or otherwise endanger the safety of human beings or domestic animals
Is running at large and has been impounded by an animal control agency three or more times in the district within any 12-month period
The owner of the dog is responsible for any fees associated with the dog’s care while in the authorities’ custody.
Dangerous Dog
There are increased responsibilities for the owner of a dangerous dog compared to a potentially dangerous dog. A dog is classified as dangerous for either of the following:
Causes a serious injury to a person or domestic animal
Engages in repeated instances of the behavior that determined them to be a potentially dangerous dog
Dogs working with law enforcement can’t be classified as potentially dangerous dogs or dangerous dogs.
Overview of Washington D.C. Dog Bite Laws
Sometimes, the language used in statutes feels overly complex and difficult to understand. The chart below summarizes important District of Columbia dog bite laws in plain language.
District of Columbia Dog Law Codes |
|
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Negligence Defenses |
Two common defenses may arise in many dog bite lawsuits: Trespass The first common defense alleges that the person was bitten while trespassing. Dogs are frequently confined to their owner's property. If a person is bitten while present on the owner's property without permission, depending on the circumstances, their ability to recover is limited or barred altogether. Contributory Negligence The second common defense alleges that the person's own negligence contributed to their being bitten. The District of Columbia is one of the few jurisdictions using the pure contributory negligence rule. Under this rule, any negligence on the part of the injured person may be totally barred from recovery. |
Possible Defenses for a Dog Bite |
A dog that bites will not be found to be dangerous if the dog injured:
The owner has the burden of proof of establishing that one of the aforementioned conditions existed. |
Statute of Limitations |
A personal injury lawsuit must be filed within three years of the incident. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Important District of Columbia Dog Bite Law Questions
The details surrounding a dog bite case are as unique as the dog itself. But there are some topics that share common ground. Below, find some frequently asked questions that may be useful to you and your situation.
A dog just bit me! What should I do?
If you’re a dog bite victim, your foremost concern should be seeking medical attention. If you can’t get to a doctor right away, wash the wound with warm, soapy water. Even if the wound seems minor, you should see a physician as soon as possible.
Gather information, such as contacts for the dog’s owner, and any witnesses. You should file a bite report with the local authorities. This is a crucial step for having your medical bills covered and any dog bite lawsuit you may file later.
My dog bit someone, but it wasn’t his fault! How can I defend him?
It depends on the situation, but there’s a chance you can challenge who is at fault for the bite. The burden of proof will fall on you, the owner. You can contest both a classification placed on your dog and liability for the victim’s dog bite injury if any of the following conditions apply:
The injured person was committing a willful trespass upon the premises lawfully occupied by the owner
The injured person was provoking, tormenting, abusing, or assaulting the dog or had repeatedly, in the past, provoked, tormented, abused, or assaulted the dog
The dog was responding to injury or protecting itself or its offspring
The dog was protecting or defending a human being within the immediate vicinity of the dog from an attack or assault
Again, as the owner of the dog, you must prove one of the above to mount a successful defense. Given the stakes involved, it might be a good idea to speak with a personal injury lawyer who specializes in dog bite cases.
Are pit bulls banned in the District of Columbia?
There are no banned breeds in the District of Columbia. Since any dog is capable of biting and inflicting a bite injury regardless of size or breed, each dog bite case is handled individually.
Not far away, Prince George’s County in Maryland is one of the largest municipalities to have a breed ban in place. Legislators renewed the policy in 2023 despite strong arguments questioning the value of breed-specific legislation.
Research the Law
Still Have Questions? Speak With a Dog Bite Attorney in the District of Columbia
Whether a dog bit you or your furry friend bit someone else, a D.C. dog bite lawsuit can require sophisticated legal analysis. Because the dog's life may be at stake, this kind of lawsuit can be especially contentious and hard-fought. Legal assistance can help ensure that your claim is presented in the most effective manner.
If you’re a dog bite victim, consider contacting a local attorney to receive an evaluation of your case and learn how they can help with your pain and suffering.
If your dog has bitten someone, you owe it to yourself and your canine companion to find a dog bite attorney who is going to fight for you.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.
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