Liability For Dog Bites in Public Places

Approximately 800,000 people visit medical providers for dog bite injuries every year in the U.S. Dogs bite people for a variety of reasons, ranging from fear to provocation. When a dog attacks someone unprovoked in public, the victim may have a personal injury claim.

Many times, dog owners are responsible for their dog’s behavior. However, depending on the circumstances, there may be other liable parties. Keep reading to learn more about dog bite liability in Oklahoma.

Where could dog bites happen?

Any public space could potentially result in a dog bite. Stray or aggressive dogs that are roaming nearby could attack at any given moment. Just the same, Sometimes dogs get away from their owners, leading to an attack on an innocent bystander. The most common public spaces where dog bites may occur include:

• Parks
• Sidewalks
• Streets
• Playgrounds
• Beaches
• Campgrounds
• Dog parks
• Hiking trails
• Parking lots

A dog can appear anywhere at any time. If you were bitten by a dog in a public space, it’s recommended that you speak to an attorney to learn more about your legal options.

What are common injuries from dog bites?

Dog bite injuries range from mild to severe and can come in the form of physical and mental damages. Children who are attacked by dogs tend to see more severe injuries than adults due to their smaller anatomy and reduced ability to break free from the animal. Some common injuries include:

• Broken bones
• Infections
• Bite marks
• Permanent scarring or disfigurement
• Anxiety
• Post-traumatic stress disorder

The injuries people sustain vary depending on the specific situation. A dedicated dog bite attorney helps clients navigate the complexities of a personal injury claim, especially those involving animal attacks as there are unique hurdles that can arise.

Is Oklahoma a one-bite rule state?

In many states across the United States, there is a “one-bite” rule, which essentially states that owners are not liable for dog bites unless they know the dog is dangerous. This often means the dog has bitten someone previously, giving every dog “one free bite.”

In Oklahoma, however, this rule does not apply in areas covered by the state’s dog-bite statute. Owners are responsible for the dog’s behavior if their dog attacks someone unprovoked in a location where the injured person is lawfully allowed to be. The statute does not apply to rural areas without U.S. mail delivery service.

What is the statute of limitations for dog bites?

Dog bites are classified as personal injury claims in Oklahoma and share the same deadline to file suit as car accidents, premises cases, and other negligence-based causes of action. Specifically, victims have two years from the date of the injury to either have their case settled or have a lawsuit on file. For children who suffer a dog bite, the statute of limitations may be tolled/extended during childhood and extend beyond the child’s 18th birthday, depending on the circumstances. It’s recommended that parents speak to an attorney to learn more about the specific guidelines for a dog bite involving a minor, and the pros and cons of pursuing a claim immediately or waiting until the child turns 18.

Dog bite FAQs

Dog bites in public generally come with a lot of questions. We’ve answered the most common ones below:

Is the dog’s owner responsible?

It depends on the circumstances around the dog bite. In Oklahoma, owners are typically liable for their dog’s behavior in public places. Generally speaking, if a dog bites someone unprovoked in a public place where they are entitled to be, the owner should be found liable. That said, the facts of each case can influence the likelihood that a dog owner will be held liable for an animal bite.

Does comparative negligence apply to dog bite cases?

Though rare, Oklahoma’s modified comparative negligence law(opens in new tab) may apply in negligence-based dog bite cases. If the victim is found to be more than 50% responsible in such a claim, they may be barred from recovery. However, in certain circumstances, a dog owner can be held strictly liable, meaning that as a matter of law they are deemed responsible. Establishing strict liability takes increased time and effort on the part of the attorneys as facts and evidence needs to be gathered as soon as possible. However, if successful, proving strict liability can result in much more favorable outcomes for the injured party.

What happens if leash laws are violated?

In addition to civil liability, dog owners may face criminal charges if they violate leash laws. Leash laws vary by location, so it’s best to speak to a dog bite attorney about whether any exist and if so, whether they were broken in a given attack.

Can third parties be liable?

It depends on the factors for a person’s unique situation. For example, a landlord may be liable in limited situations if they knew a tenant’s dog was dangerous, had the ability to control the situation, and did nothing to prevent attacks.

What evidence is needed for a dog bite claim?

Evidence is important in any personal injury claim—dog bites are no different. The most common evidence in dog bite claims include photographs, videos, police/animal control reports, medical records and bills, and statements from witnesses or neighbors who may be able to testify about a dog’s habits. Our attorneys advise clients on what evidence may be important to their dog bite claim and help them collect the same before it is lost or destroyed.

How is liability established for a dog bite claim?

A victim bears the burden of proof in a dog bite claim. This means they must prove that the owner is liable for their injuries. Additionally, as mentioned above, there are four components to establishing strict liability against a dog owner. The injured person must prove all of the following:

• That the defendant was an owner or harborer of the dog;
• That the victim did not provoke the dog;
• That the victim was lawfully present at the location where the attack occurred; and
• That the injured person did in fact suffer injuries/damages.

Of course, each case is unique. Some cases may have more than just the owner’s liability. Some cases may not have an owner at all due to the dog being a stray. It’s highly recommended that anyone suffering a dog bite speak to an attorney to understand the intricacies of their case and what steps can be taken to bolster any future claim.

What damages are available for a dog bite claim?

The damages available for dog bite claims vary based on the specific details. There are no guarantees that anyone will receive compensation. In general, the following damages may be available:

• Past and future medical bills
• Past and future lost wages
• Property damage
• Past and future physical pain and suffering
• Past and future emotional/mental anguish
• Scarring and disfigurement
• Loss of enjoyment of life

How can a dog bite lawyer help clients?

Experienced dog bite lawyers help clients build and strengthen their personal injury case. They offer legal insight and compassionate support so their clients can focus on healing. The attorneys at Biby Law Firm have the knowledge and experience to tailor their strategy on each case to maximize the recovery for each of their clients.

Contact Biby Law Firm Injury and Accident Lawyers today for a free consultation

Determining liability after a dog bite would be challenging if not impossible for an injured person to do after suffering a traumatic event. Victims have enough to worry about without the added stressors of trying to play investigator and lawyer. At Biby Law Firm Injury and Accident Lawyers, we offer free consultations to help you understand your legal situation better. Contact us today to request your free appointment and discover your options.