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Dog Bite Law and other dog bite facts.

Dog Bite Laws Vary By State.

The One Bite Rule or the One Bite Free Rule

This was the law of England as of July 4, 1776; therefore, it was the law of America at the same time.  This is a common law, meaning it’s a judge-made law and was not put into the law code books.  This law came into being when herding dogs and their herds (sheep, cattle) used to run free through towns and in the streets of England. 

This law means that the owner of the dog that bit could not be held liable until it is proven that the owner knew his dog had the propensity to bite or injure someone.  Once it is proven that the owner knew that his dog was dangerous, liability is limited to the harm that the dog caused.  A list of the One-Bite States is listed below:  (If you live in a state that has a One-Bite Rule you need to research the rule for that state)

The dog bite statute, in some states (roughly 2/3 of the states); make liability automatic wherein the rest of the states there are limitations and conditions to the statute.

One Bite States

Alabama	Alaska	Hawaii	Idaho
Kansas	Maryland	Mississippi	Missouri
Nevada	New Mexico	North Carolina	North Dakota
Oregon	South Dakota	Texas	Vermont
Virginia		Wyoming

DANGEROUS PROPENSITY

Means that a dog has never bitten before and was not provoked in doing so. It doesn’t matter if it is a trained attack dog, herding dog or fighting dog or a household pet.

Prior behavior of the dog is certainly taken into account.  Has the dog:  snarled, growled, shown his teeth, lunged, jumped on people and knocked them down or chases animals or people.   Chasing cars is not considered proof that the dog has the propensity to attack a person.

The victim of a dog bite has to prove that the owner of the dog knew that his dog could have the tendency to bite people. 

Breed Specific Law:
(Some of the most dangerous breeds in America)

Akita	American Bulldog	Chow Chow	Dobermans
German Shepherds	Malamutes	Pit Bull (Declared Lethal Weapons)	Presa Canario
Rottweiler	Siberian Husky	Tosas	Wolf Hybrid

Over 250 cities across the United States have adopted Dog Legislation that lists specific breeds of dogs. Unfortunately, this has arisen due to the Pit Bull breed as these dogs are used for fighting more than any other breed. 

The Breed Specific Law puts regulations on certain breeds wherein they are either outlawed completely in that city or there are specific provisions that the dog owner has to abide by in order to keep the specific breed of dog.  They may have to have muzzles, special licenses, spay/neuter, specific types of fences and enclosures, prohibited from entering certain city jurisdictions, travel restrictions (cars, planes) and public area restrictions and/or prohibitions.

Below is a list of cities that have Breed Specific Laws in place
(These laws are subject to change)

IF YOU ARE BITTEN BY A DOG

• Report the dog bite to your local Animal Control officials
• Immediately go to the hospital. You will need a tetanus shot and possibly antibiotics.   Doctors are legally bound to report all dog bites to the authorities for further investigation.
• Take photographs of your injuries

DOG OWNER STATISTICS

As of 2009, there are 45.6 million households that own a pet of some type whether it’s a bird, fish, mouse, snake, cat or dog. That is 62% of all households in the United States.   Out of these households live 77.5 million dogs. 

2008 DOG ATTACK STATISTICS

• 23 United States Fatal Dog Attacks
• Pitbulls were responsible for 65% of those fatalities
• 70% of dog attacks were on children 11 years old and younger
• 30% of dog attacks were on adults 21 years old and older
• 39% of the fatal attacks were caused by a pack of dogs
• 9% of the fatal attacks were caused by chained dogs
• 78% of dog attacks occur on the dog owners property
• 22% of dog attacks occur off the dog owners property
• 61% of the victims were male
• 39%  of the victims were female
• 2 of these fatal attacks were caused by the family pet (Pit Bull)

WHAT TO DO IF A DOG ATTACKS:

Dogs will instinctively go for the throat. That is why most dog bites are on the face.  Defend yourself by putting your hands over your face.  Get on the ground, face down in a fetal position.  If there is a large stick nearby hit the dog around the face.  At this point, don’t worry about hurting the dog as the dog is hurting you and will not stop.

If you can, grab its jaws.  Hold the top jaw firm and attempt to twist or push down hard on the bottom jaw.  Dogs can only move the bottom jaw.  This will result in a broken jaw.  Poke your finger in its eyes.  

Don’t run! This will only make the dog run after you.  You are now the prey.  Dogs are decedents of wolves and wolves run down their prey.  Dogs are runners and can easily out run a human.

Try to get inside a house, shed, and climb onto a roof, anything to get to a safe place.  Call out for help. 
Remember:  The attacking dog is NOT going to stop! Only be concerned for your safety.

Dog Bite Law