Dog Bites and Negligence
Dogs and dog bites don’t always go together, but when they do, there is always a question of whether the dog owner should be held liable. Jurisdictions handle the issue differently. Some jurisdictions do not impose liability on the dog owner unless the dog owner knew or had reason to know that the dog had a propensity to bite. This is called the one-bite rule. In those jurisdictions, usually, the dog owner will not be held liable unless the dog had already bitten another person or dog in the past.
This is so because liability under negligence requires a certain amount of foreseeability. If it is foreseeable that the dog will or may bite and the owner has knowledge of this and fails to take adequate care to prevent it, then the owner has failed in their duty and can be held liable for negligence.
Oklahoma Uses a Strict Liability Standard for Dog Bites
In Oklahoma, the law is different. Oklahoma uses strict liability instead of a negligence standard in dog bite cases. This means that the owner is liable for all damages that occur when their dog bites or injures a person who is in a place they are legally entitled to be in, whether or not they had reason to know the dog would bite them. Okla. Stat. tit. 4 § 42.1
There are two caveats to this strict liability standard, however. It only adheres when the bite or other injury is unprovoked, and the injured person was in a place lawfully.
If the victim has provoked the dog, then liability may not adhere. Here, provoking the dog can include such things as aggravating, teasing, or abusing the animal which causes it to attack. Hurting the animal, poking it with a stick, teasing it, and causing it to feel fear may all be considered to be provocations that eliminate or reduce liability for the attack. Provoking the animal can be a bar to recovery or may reduce the owner’s liability under comparative or contributory negligence, depending on the percentage of fault attributed to the injured person.
If the injured person was not lawfully in the place in which the injury occurred, then no liability attaches. This excludes trespassers and burglars for example. People within these categories have no legal right of entry onto the owner’s premises and thus the owner cannot be held liable for any injuries caused by the dog.
These cases are highly fact-bound and small facts can make a big difference to the outcome of the case. Getting help matters. These cases often have painful and disfiguring injuries. An experienced Tulsa dog bite attorney can provide legal help and peace of mind.
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Contact your personal injury counselor at (918) 924-5528 or send us a question using the form on the right side of this page. One of our dog bite attorneys in Tulsa, Oklahoma will get back to you shortly.
