How to determine liability when the state does not have a dog bite statute …
If a state does not have a dog bite statute, that state is a “one-bite” state, like Mississippi. In one-bite states, legal responsibility is determined by the following principles:
- The first issue is whether the dog previously bit anyone. If so, then the dog owner / custodian is strictly responsible.
- If the answer is no, the second issue is whether the dog previously did something that should have put the owner / custodian on notice that the dog was inclined to bite somebody in the future.
- If that answer is no, we consider whether the person having custody of the dog at the time of the incident had violated any law pertaining to public health or safety, which was intended to protect people like the victim. An example would be a leash law, but there could be regulations such as those that restrict dogs from being in day care centers are beauty parlors. The violation of such a law would be considered “negligence per se.” In some states, the violation is not negligence per se but rather an alternate way of proving liability under the dog bite statute.
- If we cannot find negligence per se, we consider whether the accident was caused by negligence. For example, a dog that is habitually mistreated, or sick, or suffering from a painful disease is more likely to bite a person, even if the dog has never done so before. Negligence is a ground for liability in most but not all of the one bite states. Sometimes it is referred to as “premises liability” when the incident happens on the dog owner’s or custodian’s land.
- If the dog owner or custodian is not legally responsible, then we consider whether anyone else might be liable as a result of their negligence or knowledge of the dangerous propensity of the dog to bite people.
When the dog owner does not have insurance or resources …
If the dog owner is unable to compensate the victim because of lack of insurance or resources, attorneys consider whether anyone else might be responsible because of their own negligence. An example would be a landlord who knows that a dangerous dog is living with a renter, but fails to do anything to control the dog or its owner.
Do I Have a Dog Bite Lawsuit?
If you or a loved one has been bitten by a dog, please call Coxwell & Associates and have a free consultation with one of our lawyers.
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