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Dog BitesDog Bite Statistics Dog Bite Statistics(All facts are recent unless noted otherwise. All statistics were obtained from reliable sources such as ENA, CDC and others.)In 2006, there were approximately 65 million dogs kept as pets in the United States. Every year over 4.7 million Americans suffer from painful and often serious dog bite injuries. A great many of these are simple accidents which do not result in serious injury, but a growing number of cases result in long-term disability, and in some cases death. Further complicating the tragedy of dog bites is the overwhelming majority of these bites occur in children, often when they are doing nothing more than playing with the dog. Approximately 3,000 U. S. Postal Service workers are bit annually. Every year approximately 800,000 dog bites require medical attention. 386,000 of these cases require emergency medical treatment. This is approximately 1,008 victims a day. Approximately every 40 seconds, someone in the U. S. seeks medical care because of a dog bite. Approximately 12 people die from dog bite incidents annually. Hospital expenses for dog bite related emergency visits are an estimated $102.4 million. Un-neutered dogs are more than 2.6 times more likely to bite than neutered dogs. Male dogs are 6.2 times more likely to bite than female dogs. Among purebreds, Rottweilers were most commonly involved in fatal attacks. Pit Bulls, German Shepherds, Husky types and Malamutes were common in all fatal attacks. Among crossbreds, Wolf Dog Hybrids and mixed breeds were the most commonly involved in fatal attacks. Most dog bites occur in the afternoon and evening, peaking between 3 p.m. and 7 p.m. Dog bite reports increase between March and September, with a peak month of July. The majority of biting dogs (77%) belong to the victim's family or a friend. The majority of dog biting incidents or attacks (61%) occur at home or in a familiar place. In 2003 dog bites accounted for about ¼ of all homeowner's insurance liability claims with a total cost of $321.6 million. According to the Centers for Disease Control and Prevention in Atlanta, Georgia, nearly 2% of the U.S. population is bitten by a dog each year. This translates to nearly 5 million dog bite victims per year, most of whom are children. In a 10-year period, the number of dogs rose by 2%, while the number of bites increased by 33%. About 1,000 dog bite victims arrive in hospital emergency rooms per day for treatment. Dog bite losses exceed $1 billion per year, with $345 million paid by homeowner insurance policies. Studies have shown that facial injuries are most common in dog bite cases: Dog bites result in about 44,000 facial injuries requiring a hospital visit. This is between 0.5% - 1.5% of all emergency room visits. The lips, nose and cheeks are the areas of the face are most often damaged or injured in a dog bite to the face. 77% of all injuries resulting from dog bites were in the face. Mail carriers were the only exception to this with 97% of dog bite injuries occurring in the lower extremities. The following chart illustrates types of injuries requiring emergency room visits in 2001. (Information was obtained from the Emergency Nurses Association.):
Dog Bite Statistics in Children: 60% of all dog bite victims are children. Dog bite injury rates are highest for children ages 5-9, especially boys. About half of all dog bite victims are children under the age of 14. The median age of children patients that were bitten is 15. Children who were seen in emergency rooms for dog bites were more likely than adults to have been bitten in the face, neck and head. 77% of dog bite injuries to children under 10 years old were facial. Severe injuries occur almost only in children under the age of 10. When a child less than the age of 4 was the victim, the family dog was the attacker 47% of the time. 90% of the time, the attack happened in the home. Dog bites rank second among other common causes of emergency room incidents. There are approximately 333,687 children a year who visit the emergency room for a dog bite. Why do dogs biteThere are several reasons why dogs bite people. The most common of these include: Dominance aggression: usually occurs when family members take something from the dog or disturb it while it rests, sleeps, or eats. Defensive or fear aggression: generally occurs with people who move quickly or closely when a dog is frightened. Protective/territorial aggression: can occur when unknown or unfamiliar people get too close to the owner or their property. Predatory aggression: an instinct that causes dogs to react to small, quick moving animals and sometimes children. Pain-elicited aggression: if a dog is injured, it can react violently to those who get near them, even if they mean to help. Punishment-elicited aggression: dogs remember those who cause them pain, and can react negatively to people who may cause them more pain. Redirected aggression: dogs cannot always control their instincts if they are disturbed while aggressive in another context. There are many reasons why a dog bites. Dogs bite out of fear or to protect their territory or to establish their dominance over the person bitten. Some owners mistakenly teach their dogs that biting is an acceptable form of play behavior, and every year a number of newborn infants die when they are bitten by dogs that see them as "prey." These reasons are not an excuse when dogs attack people; they are merely natural reasons why dogs can become aggressive. Training, discipline, socialization, gender, and breed can greatly influence whether a dog will attack someone in a given situation. The owners of dogs causing harm to others can be held legally responsible in most states. Furthermore, victims of dog bites can sometimes collect financial restitution from the owner of the offending animal for their injuries, pain, and suffering. Attacks on people are not the only kinds of situations that merit action, as damage to livestock and other property can sometimes be recovered through the legal process. If you or someone you love was attacked by a dog, you have rights. Although the bite itself may be simple, dealing with the medical consequences and legal complications are often extremely complicated. You need to consult an experienced and dedicated dog bite attorney today in order to get the justice you deserve. Contact one today. Dog bite attorneys are ready and available to assist you with your dog bite injury. What to do if you are bitten by a dogIf you are bitten or attacked by a dog, do not to panic. It is important to identify the animal that bit you, because if it is a stray and you cannot identify it, you're facing the possibility of having to submit to treatment for rabies, which can be painful. Immediately wash the wound thoroughly with soap and warm water. Contact your physician for additional care and advice. If you are in immediate medical distress, call an ambulance or go to the emergency room immediately. Report the bite to your local animal care and control agency. Tell the animal control official everything you know about the dog, including his owner's name and the address where he lives. If the dog is a stray, tell the animal control official what the dog looks like, where you saw him, whether you've seen him before, and in which direction he went after the incident. Try to identify the dog that bit you and see if you can get the address to the house at which the dog bite occurred. If it's a stray, you could end up having to get rabies treatments, which is very painful. However, if the dog belongs to someone you may not have to get rabies treatment and you also may be eligible for a personal injury lawsuit claim against the owner. Get medical attention as soon as possible after being bitten and follow all physician instructions relating to your care. Get medical attention quickly because any delay in getting medical attention could affect your eligibility for a claim. You might also be ordered to stay out of the sun, use sun block, use scar reduction lotion, change bandages, report for follow up treatment, report for removal of stitches, massage the healing areas. The decision as to whether you need rabies shots must be left to your doctor. Shots are not always called for, because rabies may not be in your geographic area. Don't be alarmed if your physician tells you that you don't need this painful treatment. As soon as possible after you've received medical attention, focus on finding out as much as you can about the dog and the owner, including whether or not the owner has insurance. Take pictures of all of your injuries. Contact a dog bite lawyer for more information. Types of insurance policies that typically cover dog bites include:
If the owner does have insurance, be sure to find out:
Medical payments coverage Do not do any of the following:
Once you've contacted the insurance company, be sure to get a claim number. Have good pictures taken of your injuries on the date of the attack and at reasonable intervals afterwards. This is especially important to document the appearance of infections, bite wounds and marks on the face if you were bitten on the face, and other important visual images of the effect of the attack. Interview witnesses (if there were any) at the location of the attack or as soon as possible after the attack. The sooner you interview witnesses the better because memories fade in time and you need the facts as fresh as possible. Be sure to take down names, addresses and phone numbers of any witnesses to the attack. Get a qualified dog bite attorney to represent you and help you with your insurance claim if the dog owner has insurance. Remember, insurance companies are not sympathetic to your injuries. Their job is to pay as little as possible on your claim, which usually will only cover minimal medical care and not come anywhere near what you actually deserve, so it is important that you retain a lawyer to enforce your legal rights as an injured person. If the dog owner does not have insurance or the insurance policy limits are inadequate to cover your claim, the dog owner may be personally liable for your damages. The dog owner may also be personally liable if he or she acted with actual malice and intentionally caused the injury. If the dog owner is uninsured, underinsured or acted with malice, you definitely need a dog bite attorney to help you assert your legal rights. As a dog bite victim, you may be entitled to damages and losses, ranging from medical bills and emotional damage, to loss of the opportunity to earn income in the future because of disfigurement. Only an experienced dog bite lawyer will be able to determine if you are eligible for a lawsuit claim. State statutes of limitations do apply, and you may have little as 60 days to start your claim, although you have much longer in most states. (see our statute of limitations section) Contact a qualified dog bite lawyer today. Any delay could adversely affect your eligibility to collect monetary damages. Some cities, counties and/or states have leash laws. It depends on where you live. Some cities and states consider particular breeds like pit bulls and rottweilers dangerous, while others only consider a dog dangerous only after it behaves in a manner that is regarded, in that particular city or county, as posing unacceptable risks. Contact a dog bite attorney to find out what your city, county and/or state considers a dangerous dog. Landlord liability law differs from state to state. Some do not ever impose liability on the landlord. However, a landlord may be liable for injuries and bites inflicted by dogs belonging to tenants and possibly other people who bring dogs onto the landlord's property. It all depends on your state's laws. Contact a dog bite lawyer to find out the landlord liability laws in your state. This notice should also be sent to the resident of the property, with a copy to the local animal control department, a copy to the injured person, and a copy to the owner of the property if different from the resident. Remedies for Dangerous Dog in the Neighborhood
A dangerous dog in any neighborhood is a difficult and, often times, extremely dangerous situation. A number of potential remedies are available including: Dog Bite LawDog bite laws vary from state to state. The location of the dog attack will determine your legal rights. In most instances, dog bite law follows a "strict liability" theory. Under these statutes, the dog owner is responsible for any damage caused by an attack from their dog. For example: "If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness." Some states, including New York, Texas Virginia and Maryland, adhere to common law principles with respect to dog bite law. In order for the owner of a dog to be liable to a person injured, the burden of proof is on the plaintiff to establish that the dog was vicious or had a natural inclination or tendency to be dangerous and that the owner had knowledge thereof. In determining the character of the dog, you may consider evidence of the general reputation of the dog, as well as evidence of any prior acts and conduct of the dog. In determining the knowledge of the owner, you may consider evidence of the manner in which the owner maintained the dog, his knowledge of prior acts and conduct of the dog, and any previous warnings issued to others by the owner. ("The owner of such a dog is not liable to the person injured if the injured person has knowledge of the character of the dog and wantonly excites it or voluntarily and unnecessarily puts himself in the way of the dog.") If this is so, then it may be necessary to establish negligence on the part of the dog owner. As a result of important differences among states, it is critical that you call an attorney to determine the best course of action to protect your legal rights. This site provides the text of many state dog bite laws. The two key elements to prove in a strict liability dog bite claim are: In some states, where common law negligence principles are applied it is necessary to establish negligence on the part of the dog owner. Although sometimes difficult, ownership can usually be established by licensing and vaccination records, as well as by the testimony of witnesses. In most dog bite cases, there is substantial physical evidence of a dog bite, allowing the second element to be established. Many people believe that "every dog is allowed one bite". This is simply not true in strict liability states. In these states, the law is clear that good prior behavior from the dog will not exonerate the owner from responsibility. Provocation DefenseOne of the frequently asserted defenses allowed under both common law and strict liability statutes concerns the issue of provocation. It is common for an insurance company to assert that a child in some manner "provoked" the dog and is actually responsible for a resulting bite. This assertion is almost always incorrect. Statute of LimitationsIn every state, there are important time limits within which you must take action or lose your rights to make a claim for damages. These time limits vary considerably and can elapse sooner than you might expect. For example, some states allow action to be taken against a dog owner for a period of up to three years from the date of the incident. It is advisable to seek immediate legal consultation if you or a loved one has been bitten. How much would you want if someone did this to your child ! We excel in the representation of children victims and their parents. Our mission is to provide our clients with the highest quality representation to insure that the insurance company settlement or trial compensates our clients fully. Dog bites are a very serious public health problem and a traumatic event for the dog attack victim and their family. All dog bites require medical attention because of blood diseases. Dog Attacks are not Accidents! They are terrifying brutal physical assaults. Don't sign anything with the insurance company. Insurance companies adjusters are in the business of saving the insurance money. They could care less about your child's disfigurement or pain and suffering. They feel their only responsibility is to pay the immediate bills and hope you go away. They did not see the attack on your child. They did not see you holding your screaming bleeding child while surgeons stitched their skin. They could care less about the aftermath to the family or the disfigured child. They wont feel the as the empathetic parent watching their child struggle through the cruelty of years of rejection by adolescents peers. When you complain to them they will tell you that it was your fault for neglecting to protect your child but offer you a little money to go away. Don't be or let your child be a victimized twice. If your dog bites someone, don't worry if you have homeowners or tenant insurance. Your rates cannot be raised or canceled because of a claim. Insurance rates are regulated by the State Insurance Commissioner. You pay insurance premiums every month to them so you have an iron clad contract with the insurance company. It is a good idea to contact the State Insurance Commissioner who may advise you as to your rights with your own insurance carrier. If your insurance company violates your rights by failing to respond to the claim in a reasonable time frame or unnecessarily cause you to be sued and taken into court litigation, your rights may be violated and you may have a cliam against your insurance company. Dogs Most Likely to BiteThe Centers for Disease Control studies dog bite incidents, including the types of dogs most likely to bite. The breeds that the CDC considers highest risk include: Many small dog owners overlook their dog's behavior because they are small and/or think they cannot hurt anyone. The truth is, little dogs bite more than big dogs. There have been many cases involving dog bite attacks with smaller dogs such as the case involving a family Pomeranian dog and a 6-week old baby. While there is no clear cut list in which all dogs can be categorized by levels of their dog-bite predictability, generally speaking: DamagesA dog bite victim may incur many different kinds of damages and losses, from medical bills and emotional damage, to loss of the opportunity to earn income in the future because of disfigurement. A victim may be entitled to recover these losses from another person and that person's insurance company, provided that the victim presents the necessary proof, first to the insurance company and then possibly in a court of law. Cosmetic surgery in the future will not be covered by your health insurance. Most future surgery will be considered to be "cosmetic" and therefore will not be covered by their own health insurance. The only way to get those costs paid is to bring a claim right now against the dog owner or other liable person. You should not have to pay for any of these costs out of your own pocket. Get the necessary medical report from a credible plastic surgeon. You must have this information to get an insurance company to pay for future medical treatment. Dog bites may result in one or more of the following injuries: Victims of dog bite injuries to the face, especially children, should be examined for nerve damage and facial fractures. While the incidence of facial fractures from dog bite injuries is statistically low, physicians should not exclude the possibility of fractures resulting from dog attacks. (American Society of Plastic Surgeons, "When Dogs Attack: Report illustrates the Importance of Examining Dog Bite Victims for Facial Fractures," Plastic and Reconstructive Surgery, April 2002.) The article states:
Not only can dog bite injuries lead to painful lacerations and puncture wounds, nerve damage, fractures, serious infections, disability, and deformity, but death can occur as well. Between 1989 and 1994, 109 bite-related fatalities were reported, and 57 percent were in children younger than 10 years old. Death can result from infection. For example, C canimorsus infections are very rare but can be very dangerous. They can result in fever, malaise, myalgia, vomiting, diarrhea, abdominal pain, dyspnea, confusion, headache, and skin rash. Disseminated intravascular coagulation develops in many patients. TreatmentThe physician's first priority is to protect the victim from infection. Proper wound management is required to reduce the risk of developing wound infection, sepsis, osteomyelitis, tenosynovitis, and septic arthritis. The wound should be cleaned carefully. After cleaning it, physicians often irrigate the area with normal saline under pressure using a 19-gauge needle and large syringe. A 20-gauge angiographic catheter often is attached and introduced into puncture wounds to facilitate irrigation. Victims frequently state that this is the most painful part of treatment.It is important to find out when and if the victim had a tetanus shot. Such a shot may be administered if required or the date of the last shot cannot be determined. The dog may be known to be rabid. If so, the victim is treated preventatively for rabies. Because dogs can develop a tremendous force when biting, x-ray studies might be necessary to determine underlying bone and joint injury. Fractured bones must be set. Nerve injuries must be repaired. Dog bites to the neck and face require special considerations. Most occur in children younger than 10 years, and severe brain injury and death are most common in this age group. Most deaths occur from hemorrhage from the great vessels of the neck. The nose, mouth, and parotid region is a primary target area for dog bites. Depending on the type of bite, the wounds may be closed. If the damage is not extensive, the wounds may be closed with tape or sutures. High-risk wounds should not be sutured but should receive antibiotic treatment. Low-risk wounds may be sutured and do not require antibiotic treatment unless infected. High-risk wounds include all human and cat bites; hand and foot wounds; wounds surgically debrided; puncture wounds; wounds involving joints, ligaments, tendons, and bones; bites with treatment delay exceeding 12 hours; and bites in immunocompromised patients. Low-risk wounds include bites involving the extremities, face, and body. (Heavily damaged tissue may have to be debrided -- cut away. Sometimes it can be reattached by grafting; other times it is replaced with skin from another area of the victim's body. More than one type of surgery may be required: ScarsDog bite wounds that bleed will inevitably result in scars. The question is whether they will be disfiguring, disabling or painful. Some types of skin produce keloid scars (i.e., scar tissue grows out of control, frequently producing raised, disfiguring scars). Fear of dogs and the outdoorsOne of the most painful effects of a dog bite can be the resulting morbid fear of dogs. A victim frequently is a dog lover; after being attacked, however, he or she no longer feels comfortable around dogs, and thereby can no longer enjoy the companionship of "man's best friend." This may interfere with friendships and the quality of life. For example, a woman who lived in the countryside found that she no longer could take walks because she feared being attacked. This left her a "shut-in" for a period of months. What the parents should watch out forYour son or daughter's injuries hopefully will heal without complications. However, the main things that you should be concerned with are: Emotional injuries in childrenAfter a horrible event, a person may not feel or behave normally for a significant amount of time. He or she may feel depressed, nervous or fearful -- may cry, take dangerous risks or not get along with friends and family. There are many possible symptoms and classifications of this problem. "Post traumatic stress disorder" is one such classification. A dog bite victim might suffer from post traumatic stress disorder for months after the attack. It is unfair to allow this suffering to continue without proper treatment from a mental health practitioner. The emotional reactions of children who are the victims of, or witnesses to, dog attacks include fear, depression, withdrawal and anger. These problems can occur immediately or sometime after the tragic event. Many such children will develop post traumatic stress disorder ("PTSD") and/or other persistent problems. "Trauma" includes emotional as well as physical experiences and injuries. Emotional injuries are essentially a normal response to an extreme event. Emotional injury involves the creation of emotional memories, which arise through a long lasting effect on structures deep within the brain. The more direct exposure to the traumatic event, the higher the risk for emotional harm. The "undifferentiated thinking" of children frequently leads them to derive "wrong" conclusions from traumatic events. A child, especially a very young one, attempts to read the environment in order to enhance his comfort and further survival. A traumatic event like a dog bite is often misunderstood as a statement about life in general, that it is uncertain, painful and precarious. Furthermore, such an event might be internalized as a statement about the child himself, that he is somehow "bad" and even responsible for not only his physical pain but even the emotional pain suffered by his parents as a result of the dog attack. These psychic wounds may become significant determinants of the adult personality, so that the dog attack truly affects the child victim for life. Either being exposed to violence within the home for an extended period of time or exposure to a one-time event like an attack by a dog can cause PTSD in a child. Some scientists believe that younger children are more likely to develop the disorder than older ones. PTSD can develop at any age, including in childhood. Symptoms typically begin within 3 months of a traumatic event, although occasionally they do not begin until years later. Once PTSD occurs, the severity and duration of the illness varies. Some people recover within 6 months, while others suffer much longer. Emotional reactions to trauma may appear immediately after the dramatic event or days and even weeks later. Rates of PTSD identified in child and adult survivors of violence and disasters vary widely. For example, estimates range from 2% after a natural disaster (tornado), 28% after an episode of terrorism (mass shooting), and 29% after a plane crash. The disorder may arise weeks or months after the traumatic event. Children and adolescents exposed to a dramatic events frequently lose trust in adults and have fear that the event may occur again. Other reactions vary according to age: Some children and adolescents will have prolonged problems after a traumatic event. These potentially chronic conditions include depression and prolonged grief. Another serious and potentially long-lasting problem is post-traumatic stress disorder (PTSD). This condition is diagnosed when the following symptoms have been present for longer than one month: PTSD may resolve without treatment, but some form of therapy by a mental health professional is often required in order for healing to occur. Fortunately, it is more common for a traumatized child or adolescent to have some of the symptoms of PTSD than to develop the full-blown disorder. People with PTSD are treated with specialized forms of psychotherapy and sometimes with medications or a combination of the two. One of the forms of psychotherapy shown to be effective is cognitive/behavioral therapy, or CBT. In CBT, the patient is taught methods of overcoming anxiety or depression and modifying undesirable behaviors such as avoidance. The therapist helps the patient examine and re-evaluate beliefs that are interfering with healing, such as the belief that the traumatic event will happen again. Children who undergo CBT are taught to avoid "catastrophizing." For example, they are reassured that dark clouds do not necessarily mean another hurricane, that the fact that someone is angry doesn't necessarily mean that another shooting is imminent, etc. Play therapy and art therapy also can help younger children to remember the traumatic event safely and express their feelings about it. Other forms of psychotherapy that have been found to help persons with PTSD include group and exposure therapy. A reasonable period of time for treatment of PTSD is 6 to 12 weeks with occasional follow-up sessions, but treatment may be longer depending on a patient's particular circumstances. Research has shown that support from family and friends can be an important part of recovery and that involving people in group discussion very soon after a catastrophic event may reduce some of the symptoms of PTSD. There has been a good deal of research on the use of medications for adults with PTSD, including research on the formation of emotionally charged memories and medications that may help to block the development of symptoms. Medications appear to be useful in reducing overwhelming symptoms of arousal (such as sleep disturbances and an exaggerated startle reflex), intrusive thoughts, and avoidance; reducing accompanying conditions such as depression and panic; and improving impulse control and related behavioral problems. Research is just beginning on the use of medications to treat PTSD in children and adolescents. There is preliminary evidence that psychotherapy focused on trauma and grief, in combination with selected medications, can be effective in alleviating PTSD symptoms and accompanying depression. More medication treatment research is needed to increase our knowledge of how best to treat children who have PTSD. Parents' responses to a violent event or disaster strongly influence their children's ability to recover. This is particularly true for mothers of young children. If the mother is depressed or highly anxious, she may need to get emotional support or counseling in order to be able to help her child. PTSD is often accompanied by depression. In a group of teenage. Depression must be treated along with PTSD in these instances, and early treatment is best. Social effects of a disfiguring injuryWithout intending it, people may cause a disfigured dog bite victim to feel humiliated and discriminated against. An unmarried person may have trouble getting dates. Consider these shameful, true stories from the actual case files of attorney Kenneth Phillips: In our society, good-looking people have more friends, get more invitations and are treated better than those who are disfigured. Disfigured victims are unjustly required to endure stares, painful questions and social discrimination. Treatment for emotional and social injuriesEmotional and social injuries require treatment from a mental health practitioner such as a psychologist or psychiatrist. Some victims, their friends or families believe that psychological and emotional problems do not require treatment. These people feel that a victim should "tough it out" or simply "ignore it." It is true that inner strength can overcome many of the difficult emotions we might encounter in the ordinary course of life. However, a dog attack can result in devastating psychological and social injuries that a victim should not endure without professional guidance. Therefore do not hesitate to visit a mental health practitioner at least once for an initial evaluation. The cost of such services is usually covered by insurance. Be sure to get your insurance agent's advice about whom to see and how much treatment is covered. Tips for Keeping Kids SafeChildren are the most frequent victims or dog bites, but there are a number of precautions parents can take to keep their kids safe. Most importantly, start teaching young children, including toddlers, to be careful around pets. They should know to not hug or approach a dog from behind, touch his food bowl, pull parts of his body, stare directly into his eyes or try to kiss him on the face. Children should always ask permission from a dog's owner before touching or petting a dog. Another important tip is to educate kids on what to do if they are threatened by a dog. Tell them to remain calm and do not scream. Speak calmly and firmly and avoid making eye contact with the dog. Try to stay still until the dog leaves or back away slowly until the dog is out of sight. Do not turn and run away. There are several common sense methods of preventing dog bites, but sometimes there is no way to avoid an attack. If you are attacked, first try to block the attack with an object like a jacket or backpack. If you fall or are knocked to the ground, curl into a ball, protect your face by covering your head and neck, and cover your ears, as well. How to Avoid Dog Bites How to Avoid Dog Bites to ChildrenJust as we teach our children to practice safety in other situations, we can teach them to be safe around dogs. The most important lessons for children to learn are not to chase or tease dogs that they know and to avoid dogs that they don't know. Below I will list selected preventative steps that should be undertaken by parents, landlords, dog owners, and anyone who anticipates contact with a dog. Analysis of dog bites incidents suggests that if these selected preemptive steps are taken, either alone or in combination, the dog bite problem in this country would lessen considerably. Recommendations for parents
Recommendations for ownersObtain a dog from an experienced breeder with a track record of breeding for temperament and not just physical appearance. Be wary about obtaining a dog from pet shops, puppy mills, "backyard" breeders, or obtaining a puppy whose background is mysterious (e.g. stray dog found on the street).
Comply with local leash laws. Letting you dog run loose in an urban environment or residential area could be dangerous:
Recommendations for landlordsLandlords should have zero tolerance for aggressive dogs residing on their property. Once a landlord becomes aware of a dog's aggressive nature, steps need to be immediately taken to reduce the risk of injury to people living on the property or coming near the property. Dog Bite ArticlesAVMA Task Force on Canine Aggression and Human-Canine Interactions. A community approach to dog bite prevention. JAVMA 2001; 218: 1732-1749.CDC. Dog-Bite-Related Fatalities - United States, 1995-1996. MMWR 1997;46:463-7. Colebourn, John. Spate of maulings a wake up call for dog owners. The Province, March 16, 2003. Gershman KA, Sacks JJ, Wright JC. Which dogs bite? A case-control study of risk factors. Pediatrics 1994;93:913-7. Newman, Sarah Casey. Grrr!: Authors throw the book at owners for letting dogs bite. St. Louis Post-Dispatch, May 26, 2000. Sacks JJ, Kresnow M, Houston B. Dog bites: how big a problem? Injury Prevention 1996;2:52-4. Sacks JJ, Sinclair L, Gilchrist J, Golab GC, Lockwood R. Breeds of dogs involved in fatal human attacks in the United States between 1979 and 1998. JAVMA 2000;217:836-840. Dog Bite BooksLedwith, Irene. Dog Bite February, 1988. Nexus Press Margolis, Matthew & Mordecai Siegal. Grrrrrr!: The Complete Guide to Understanding and Preventing Aggressive Behavior in Dogs, March 2000Nardi, Ken. Why Dogs Bite: How to Prevent My Dog from Becoming a Biter. February, 1998. Nardi Wilson, Sylvia. Bite Busters; How to Deal with Dog Attacks, June 1998. Simon & Schuster Australia Given the nature of dogs and given that dogs are embedded in our society we must accept that, like people, dogs will become aggressive and bite, and even maul and kill a person. Annually in the United States it is generally held that approximately 4.5 million people are bitten by dogs. The majority of victims are children. Educating potential victims, particularly children, and educating owners about dog bite prevention is probably the best way to curtail the so-called "dog bite problem". Whether the problem exists to the extent that it does has been questioned in a recent book. Information about dog bite prevention is now widely available from many different sites on the internet. For example, from the American Veterinary Medical Association - and not surprisingly from organizations which stand to lose the most financially - State Farm Insurance and the US Postal Service. Frequently Asked QuestionsQuestion: What exactly is a dog bite? Answer: A "dog bite" is an action by a dog in which the mouth of the dog closes around an object or person. Broken skin is not a requirement. If the dog closes its jaws on something, it "bites" that thing, or that person, whether or not the skin is damaged. Some of the most painful dog bite injuries consist of crush wounds to the soft tissues beneath the skin. For example, a victim wearing denim jeans might have a painful crush injury but no broken skin. There might be surrounding circumstances and indications that can lead to a more definite conclusion as to whether the closing of the jaws was a "bite or something else. Question: Why do some dogs bite? Answer: There are many reasons why a dog may bite. Dogs may bite due to fear, to protect their territory, or to establish their dominance over the person being bitten. Some dog owners mistakenly teach their dogs that biting is an acceptable form of play behavior. Question: What are some warning signs that a dog may become violent? Answer: A dog that is under socialized by being tied up all the time and confined to a small yard can be psychologically damaged and not know how to act if it gets out. A lot of aggression can arise out of fear. Every dog needs lots of exercise and mental stimulation. Question: What can I do to lessen the chance that my dog will bite a person? Answer: Question: Are dog owners liable if their dogs injure another person? Answer: In the past, a dog owner was only held liable if their dog had already bitten or shown that it was likely to bite a person. Now, most states hold the owner responsible regardless of whether the dog had previously shown a predisposition to bite a person. Liability will be assigned based on evidence presented to the court. In these cases, knowledge of the dog's past behavior is important. Question: Can I bring a claim if I was petting the dog before it attacked? Answer: Generally, yes. As long as your petting would not be construed as provoking the dog. Liability is typically assigned based on evidence presented to the court. In this claims, knowledge of the dog's past behavior is an important component. Question: Is the dog owner covered by insurance? Answer: The dog owner is usually covered by his/her homeowners' insurance policy. Question: Can a child sue his or her parents? Answer: Yes. If an insured parent buys insurance in order to cover a stranger, then it is reasonable to assume that the parent would turn to their insurance company to protect and compensate their own family member. In some cases, the dog owner's homeowners' insurance policy would be in effect. Question: Do I have to go to court? Answer: Most cases are settled out of court. Dog bite cases rarely go to trial. Question: What information should I collect in the event of a dog bite? Answer: When investigating a dog bite incident it is also important to: Question: What is my dog bite case worth? Answer: Please call our office, and someone from our team with contact you personally to answer address your the specific nature of your claim. Free of charge Question: How do I find the law in my city, county and state? Answer: It is time-consuming and sometimes difficult process to research dog bite laws, because there are several equally important sources of the law: State Laws Many states have enacted legislation related to dog bite injuries. In some states, the general principles of common law negligence apply to this type of injury. In common law states it is necessary to establish negligence on the part of the dog owner. In order to prove negligence, you must demonstrate the traditional element of a common law tort claim including duty, a breach of that duty, and an injury. Even in the absence of a strict liability statute, the possessor of a dog known to be vicious is liable for harm caused by the dog even if he/she has exercised utmost care to prevent it. State Leash LawsAlabama Dog LawLiability Statute For Dog Bites Occurring On Dog Owner's PropertyAlabama has a statute that makes dog owners liable for damages when their dog bites or injures a person, so long as the injured person is lawfully on the dog owner's property at the time of the injury. The statute also applies to cases where the injured person was lawfully on the dog owner's property, but, because the dog chased the person, the injury actually occurred off the owner's property. A person is lawfully on the owner's property when he or she is invited there. For example, those people who the owner invites on the property, such as a friend or a repair person, are "lawfully" on the owner's property. On the other hand, trespassers are not lawful guests of the owner. The only exception to this rule is in cases where the injured person provoked the dog and that provocation caused the dog to attack. Finally, the statute permits a dog owner to defend the case by proving that he or she had no knowledge that the dog was vicious, dangerous, or mischievous. If the owner proves lack of knowledge, damages are limited to actual expenses incurred by the injured person. Actual expenses do not include pain and suffering. Common Law Liability for Dog Bites Occurring Outside of Owner's PropertyWhen a dog bite occurs off the owner's property, the injured person's right to recover damages is governed by negligence principles under the common law. In that case, the injured person must prove that the owner knew, or had reason to know, that the dog had a dangerous propensity. If the owner can prove that he had no knowledge of this, the owner will still be liable to pay for the actual expenses incurred by the injured person. Actual expenses do not include pain and suffering damages. Vicious and Dangerous DogsWhen the owner of a vicious or dangerous dog carelessly manages the animal or allows it to run free, and another person, without fault on his part, is bitten or injured, the owner or the dog's keeper at the time of the injury will be liable for damages. Under Alabama law, all dog owners are bound to take notice of the general propensities of the breed of the dog that they own, even if their dog has never displayed vicious behavior. For example, a pit bull is a breed that is unpredictable and can be vicious and dangerous. If a pit bull owner fails to exercise reasonable care to guard against and prevent injuries that should reasonably be anticipated by the breed, the dog owner will be liable for injuries caused by the dog. Rabid DogsAlabama has a rabid dog statute. Under this statute, if a dog owner knows the dog has rabies, and the dog bites a person, the owner is liable to twice the damages suffered by the injured person. Alabama Dog Bite LawCHAPTER 6. LIABILITY OF OWNERS OF DOGS BITING OR INJURING PERSONS Code of Ala. § 3-6-1 (2003) § 3-6-1. Generally If any dog shall, without provocation, bite or injure any person who is at the time at a place where he or she has a legal right to be, the owner of such dog shall be liable in damages to the person so bitten or injured, but such liability shall arise only when the person so bitten or injured is upon property owned or controlled by the owner of such dog at the time such bite or injury occurs or when such person has been immediately prior to such time on such property and has been pursued therefrom by such dog. NOTES: Alaska Dog LawLiability StatuteAlaska does not have a Dog Bite Statute. Common Law LiabilityA dog owner's liability for injuries caused by his or her dog is most often determined by general negligence principles. Therefore, if the owner failed to exercise reasonable control over the dog and the dog bites or otherwise injures a person, the owner will be liable. In some cases, an owner can be subject to strict liability, provided that the injured person proves that the owner knew, or had reason to know, that the dog had a dangerous propensity or a trait not characteristic of a dog of that kind, and that the dangerous tendency caused the injury. Dangerous Dog StatuteAlaska does not have a Dangerous Dog Statute. Arizona Dog LawLiability StatuteArizona has a strict liability dog bite statute. That means that dogs don't get "one free bite." The owner of a dog that bites someone in a public place or someone that is lawfully in a private place, including the dog owner's property, is liable for damages suffered by the injured person, regardless of the dog's former viciousness and regardless of whether the owner had knowledge of the dog's viciousness. The only defense to these strict liability statutes is in cases where the injured person provoked the attack. Common Law LiabilityUnder Arizona common law, a dog bite victim can recover for personal injuries, so long as he or she can prove that the dog owner knew, or had reason to know, of the dog's vicious propensities at the time the bite occurred. Arizona's strict liability statute does not replace common law liability. In other words, dog bite victims can file suit under the strict liability statute and the common law. Arizona Dog Bite LawCHAPTER 7. INTERGOVERNMENTAL OPERATIONS ARTICLE 6.1. HANDLING OF ANIMALS A.R.S. § 11-1025 (2003) § 11-1025. Liability for dog bites A. The owner of a dog which bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of its viciousness. B. Nothing in this section or in section 11-1020 shall permit the bringing of an action for damages against any governmental agency using a dog in military or police work if the bite occurred while the dog was defending itself from a harassing or provoking act, or assisting an employee of the agency in any of the following: 1. In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect's involvement in criminal activity. 2. In the investigation of a crime or possible crime. 3. In the execution of a warrant. 4. In the defense of a peace officer or another person. C. Subsection B of this section shall not apply in any case where the victim of the bite was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act that prompted the use of the dog in the military or police work. D. Subsection B of this section shall apply only where a governmental agency using a dog in military or police work has adopted a written policy on the necessary and appropriate use of a dog for the police or military work enumerated in subsection B of this section. HISTORY: Last year in which legislation affected this section: 1992 ANALYSIS In General. Construction. Legislative Intent. Common Law. Defenses. Duty of Care. Family Members. Limitations. Stolen Dogs. Strict Liability. IN GENERAL. This section created a change in substantive law and was not simply a change in pleading and proof requirements. Murdock v. Balle, 144 Ariz. 136, 696 P.2d 230 (Ct. App. 1985). CONSTRUCTION. This section, being in derogation of the common law, is subject to strict, literal construction. Murdock v. Balle, 144 Ariz. 136, 696 P.2d 230 (Ct. App. 1985). The legislative amendment to this section, enacted in 1992, which excepts the use of police dogs from strict liability under the dog bite statute, constitutes a change in the law that applies only prospectively. Weekly v. City of Mesa, 181 Ariz. 159, 888 P.2d 1346 (Ct. App. 1994). LEGISLATIVE INTENT. The legislature use the conjunction "or" rather than "and," indicative of a legislative intent that either the owner or some other person responsible for a dog may be held liable for injury or damage caused by the dog. Johnson v. Svidergol, 157 Ariz. 333, 757 P.2d 609 (Ct. App. 1988). COMMON LAW. This section does not codify or replace common law liability. Murdock v. Balle, 144 Ariz. 136, 696 P.2d 230 (Ct. App. 1985). It is possible to proceed simultaneously under this section and common law theories. Murdock v. Balle, 144 Ariz. 136, 696 P.2d 230 (Ct. App. 1985). The cause of action created by this section is distinct from the common law which imposes liability on dog owners only if the owner knew or had reason to know of their animal's vicious propensities. Murdock v. Balle, 144 Ariz. 136, 696 P.2d 230 (Ct. App. 1985). A claim pursuant to this section is legally distinct from a common law dog bite claim. Schleier ex rel. Alter v. Alter, 159 Ariz. 397, 767 P.2d 1187 (Ct. App. 1989). DEFENSES. The only defense to liability under this section is proof that the injured party provoked the dog. Murdock v. Balle, 144 Ariz. 136, 696 P.2d 230 (Ct. App. 1985). DUTY OF CARE. The duty imposed upon dog owners by this section is not a familial duty confined to the care of one's own child, but rather a general duty to a large protected class. Schleier ex rel. Alter v. Alter, 159 Ariz. 397, 767 P.2d 1187 (Ct. App. 1989). FAMILY MEMBERS. Arizona's strict liability dog bite statute did not apply when the victim was a child of and resides in the same household as the owners of the dog and was bitten at the family home. Schleier ex rel. Alter v. Alter, 159 Ariz. 397, 767 P.2d 1187 (Ct. App. 1989). LIMITATIONS. A cause of action brought pursuant to § 24-521, Arizona's "dog bite statute," is governed by the time limitations contained in § 12-541, subsection 3. Murdock v. Balle, 144 Ariz. 136, 696 P.2d 230 (Ct. App. 1985). STOLEN DOGS. Trial court erred in granting summary judgment on liability against the owner of dog for injuries sustained by a dog bite victim after the dog had been stolen from the owner. Johnson v. Svidergol, 157 Ariz. 333, 757 P.2d 609 (Ct. App. 1988). STRICT LIABILITY. This section imposes strict liability on dog owners for injuries inflicted by their dog without respect to fault on the part of the owner. Murdock v. Balle, 144 Ariz. 136, 696 P.2d 230 (Ct. App. 1985). In Arizona, dogs do not get one free bite"; owners are held strictly liable for injuries caused by their dogs' actions and liablity is imposed without regard to an owner's knowledge of the dog's viciousness. Massey v. Colaric, 151 Ariz. 65, 725 P.2d 1099 (1986). TITLE 12. COURTS AND CIVIL PROCEEDINGS o:p ARTICLE 3. PERSONAL ACTIONS A.R.S. § 12-541 (2003) § 12-541. Malicious prosecution; false imprisonment; libel or slander; seduction or breach of promise of marriage; breach of employment contract; wrongful termination; liability created by statute; one year limitation There shall be commenced and prosecuted within one year after the cause of action accrues, and not afterward, the following actions: 1. For malicious prosecution, or for false imprisonment, or for injuries done to the character or reputation of another by libel or slander. 2. For damages for seduction or breach of promise of marriage. 3. For breach of an oral or written employment contract including contract actions based on employee handbooks or policy manuals that do not specify a time period in which to bring an action. 4. For damages for wrongful termination. 5. Upon a liability created by statute, other than a penalty or forfeiture. HISTORY: Last year in which legislation affected this section: 1996 ANALYSIS Accrual of Action. Liability Created by Statute. Libel and Slander. -- In General. -- Consent. Statute of Limitations. -- Discovery of Defamation. -- Publication. -- Special Educational Programs. ACCRUAL OF ACTION. Action brought by creditors against stockholders of insolvent corporation can accrue only at the time of a judicial declaration of insolvency. Pioneer Annuity Life Ins. Co. v. Rich, 179 Ariz. 462, 880 P.2d 682 (Ct. App. 1994). Cable television operator's action against cable television decoding device seller for unauthorized reception of cable service was not a bar to entry of summary judgment in favor of plaintiff where plaintiff did not have actual knowledge of the damages caused by the seller until two months prior to filing lawsuit, when seller sold two decoders to investigator for plaintiff, notwithstanding defendant's argument that plaintiff should have been aware of seller's conduct because of its widespread magazine advertising of decoders for sale. Time Warner Cable v. Cable Box Wholesalers, Inc., 920 F. Supp. 1048 (D. Ariz. 1996). A claim of bad faith by a renter against a car rental agency accrued when judgment was entered for the renter, injured as a passenger, in her negligence claim against the driver who was an authorized additional driver. Uyleman v. D.S. Rentco, 194 Ariz. 300, 981 P.2d 1081 (Ct. App. 1999). LIABILITY CREATED BY STATUTE. A cause of action brought pursuant to § 24-521, Arizona's "dog bite statute," is governed by the time limitations contained in subsection 3 of this section. Murdock v. Balle, 144 Ariz. 136, 696 P.2d 230 (Ct. App. 1985). Claim of negligent conduct arising from doing act required by the state was governed by subsection 3. Jackson v. Pima County, 159 Ariz. 331, 767 P.2d 54 (Ct. App. 1988); Owens v. City of Phoenix, 180 Ariz. 402, 884 P.2d 1100 (Ct. App. 1994). Failure to comply with the requirements of § 28-324, subsection A, does not entitle a car rental company to demand that the injured party sue them to establish the joint and several liability provided by § 28-324, subsection B, before first obtaining the judgment for damages caused by a renter's negligence; it is only after an injured party establishes the right to receive damages that the cause of action against the car rental company accrues for the purposes of application of subsection 3 of this section. Clark v. DS Rentco, Inc., 175 Ariz. 233, 854 P.2d 1219 (Ct. App. 1993). Because a claim for relocation benefits is statutory in nature, such a claim is subject to the one-year statute of limitations set forth in paragraph 3. Owens v. City of Phoenix, 180 Ariz. 402, 884 P.2d 1100 (Ct. App. 1994). Where plaintiff filed a cause of action against an establishment for selling intoxicating beverages to a motorist who was involved in an automobile accident with plaintiff, the two-year statute of limitations in § 12-542(1) applied to plaintiff's common law cause of action instead of the one-year limitations period in subsection (5). Andrews v. Eddie's Place, Inc., 199 Ariz. 240, 16 P.3d 801 (Ct. App. 2000). LIBEL AND SLANDER. --IN GENERAL. Pure opinion is not actionable in Arizona. Glaze v. Marcus, 151 Ariz. 538, 729 P.2d 342 (Ct. App. 1986). --CONSENT. Even if the contents of the letter were republished, consent by the injured party to its publication by way of testimony at the hearing was a complete defense to the action for defamation. Glaze v. Marcus, 151 Ariz. 538, 729 P.2d 342 (Ct. App. 1986). STATUTE OF LIMITATIONS. --DISCOVERY OF DEFAMATION. The rule of discovery should be applied in those situations in which a defamation is published in a manner in which it is peculiarly likely to be concealed from the plaintiff, such as in a confidential memorandum or a credit report. Clark v. Airesearch Mfg. Co., 138 Ariz. 240, 673 P.2d 984 (Ct. App. 1983). --PUBLICATION. This section bars a complaint filed more than one year after sending a letter for defamation based on the content of that letter. Glaze v. Marcus, 151 Ariz. 538, 729 P.2d 342 (Ct. App. 1986). The statute of limitations for libel and slander commences to run upon publication. Boatman v. Samaritan Health Servs., 168 Ariz. 207, 812 P.2d 1025 (Ct. App. 1990). --SPECIAL EDUCATIONAL PROGRAMS. In appeal to determine the extent to which a public school district must pay for services related to the education of a handicapped student when those services conflict with an educational program offered by the school district and when the program as offered provides a free, appropriate, public education, the appropriate statute of limitation is not the 35-day statute of limitations for reviewing agency decisions in § 12-904; the appropriate statute of limitations is the one-year period permitted for "liabilities created by statute, other than penalty or forfeiture" in this section. Dreher v. Amphitheater Unified Sch. Dist., 22 F.3d 228 (9th Cir. 1994). Arkansas Dog LawLiability StatuteArkansas does not have a Dog Bite Statute. Common Law LiabilityIn Arkansas, a person who is injured by a dog can recover damages from the dog's owner if he or she proves that the owner's negligence caused the injuries. The injured person may also proceed under a strict liability theory. In that case, the injured person must prove that the dog was of a vicious species or that the animal had dangerous tendencies that were known to the owner. Dangerous Dog StatuteArkansas does not have a Dangerous Dog Statute. Arkansas Dog Bite LawSUBTITLE 2. HEALTH AND SAFETY CHAPTER 19. ANIMALS SUBCHAPTER 4. OWNERSHIP AND BREEDING OF WOLVES AND WOLF-DOG HYBRIDS A.C.A. § 20-19-406 (2003) § 20-19-406. Vaccination (a) Wolves and wolf-dog hybrids are required to be vaccinated by a licensed veterinarian against rabies with a vaccine approved for dog use, and a rabies certificate may be issued. (b) Veterinarians must inform the owner of the wolf or wolf-dog hybrid, preferably in writing, that the vaccination is considered "off label" and that protection against rabies is not guaranteed. (c) If a wolf or wolf-dog hybrid bites a person, the following criteria will be used by an official of the Department of Health in dealing with the animal: (1) The decision shall consider, at least: (A) The epidemiology and risk of rabies in the species of animal in question; (B) Possible prior exposure to a rabies vector; (C) Behavior of the animal at the time of the bite; (D) Prior rabies vaccinations; and (E) Other circumstances that may exist; (2) In some situations, the department will consider the initiative and willingness of the individual so exposed to submit to postexposure antirabies immunization after being adequately informed of all potential risks; (3) Upon written order by the Director of the Department of Health or a specifically designated representative, any biting animal determined to be at significant risk for the transmission of rabies shall be humanely killed and the brain tissue submitted for testing; and (4) The department has the authority to order the quarantine of an animal determined to be a very low risk for the transmission of rabies for a thirty-day observation period as an alternate method to euthanasia and testing. (d) Owners must be notified and given three (3) business days to provide proof to the department in their animal's defense before the animal can be euthanized. (e) If, in the future, the United States Department of Agriculture approves the use of rabies vaccines in wolves or wolf-dog hybrids, or both, then wolves and wolf-dog hybrids will fall under the same regulations as dogs regarding biting humans and rabies control. HISTORY: Acts 2001, No. 1768, § 6. USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title. TITLE 20. PUBLIC HEALTH AND WELFARE SUBTITLE 2. HEALTH AND SAFETY CHAPTER 19. ANIMALS SUBCHAPTER 4. OWNERSHIP AND BREEDING OF WOLVES AND WOLF-DOG HYBRIDS A.C.A. § 20-19-407 (2003) § 20-19-407. Penalties (a) If a wolf or wolf-dog hybrid bites a person or injures or destroys another animal while out of its confined area, the person responsible for the adequate confinement of the animal upon conviction shall be guilty of a Class A misdemeanor. (b) If a wolf or wolf-dog hybrid is not adequately confined or fed, the person responsible for adequate confinement or adequate feeding of the animal, or both adequate feeding and adequate confinement upon conviction shall be guilty of a Class A misdemeanor. (c) A person who abandons or releases a wolf or wolf-dog hybrid into the wild upon conviction shall be guilty of a Class A misdemeanor. HISTORY: Acts 2001, No. 1768, § 7. USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title. California Dog LawLiability StatuteUnder this statute, a dog owner is liable to a person bitten by the owner's dog, regardless of the dog's former viciousness. The statute allows the victim to recover without having to prove any fault of the owner. California's dog bite statute applies to dog injuries that occur in public places, as well as those that occur on private property. A dog owner can defend the suit only by proving that the victim assumed the risk of the bite. Dangerous Dog Statute
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