Baxley Maniscalco Attorneys At Law
In Alabama, we love our pets, especially our dogs. However, owning a dog comes with certain responsibilities. Dog owners have a legal responsibility to keep other people safe from being bitten by their pets.
This includes taking reasonable measures to prevent the dog from attacking or biting someone, such as keeping the dog on a leash or in a fenced-in area and ensuring that the dog is well-trained and socialized.
Dog owners also have a responsibility to ensure that their pet is well-trained. This means providing the dog with proper obedience training, socialization, and behavior modification if necessary. This can help prevent aggressive or dangerous behavior and make the dog less likely to bite or attack someone.
What Is the Average Value of a Dog Bite Claim in the State of Alabama?
According to national data released by the Insurance Information Institute, the average dog bite claim in Alabama results in an insurance payout to the injured person of around $43,000.00.
In any given year, there are approximately 18,000 dog bite claims in the United States. In the state of Alabama, State Farm paid out around $10,000,000 in dog bite claim compensation in 2019.
Average Value of a Dog Bite Claim in the U.S. in 2019
According to the Center for Disease Control (CDC), approximately 4.7 million dog bites take place in the United States each year. Of that number, nearly 800,000 dog bite victims required medical care. About 334,000 people had to receive emergency treatment, and about 6,000 (1.8%) required hospitalization.
Alabama’s Tort Principles and How They Apply to Dog Bites
A tort is a civil wrong or wrongful act that causes injury or harm to another person or their property. Negligence is a type of tort that occurs when a person fails to exercise reasonable care and causes harm or injury to another person as a result.
In Alabama, negligence is defined as the failure to exercise reasonable care to prevent harm to oneself or others. This includes a duty to use reasonable care in the ownership and control of animals, such as dogs.
A dog attack due to the negligence of a dog owner would be an example of negligence as a tort in Alabama. If a dog owner knows or should know that their dog is dangerous and does not take reasonable measures to prevent the dog from attacking someone, they can be held liable for any injuries or damage caused by the attack. This can include medical expenses, lost wages, and pain and suffering.
Children Between 5 and 9 Years Old Are the Most Likely to Be Injured by a Dog Bite
About 47 million Americans are bitten by dogs each year. Of all the people injured by dog bites across the United States, children 5 to 9 years of old made up the largest group of injured victims. About 42% of all dog bite injuries occurred in children younger than fourteen years old.
For Adults, 8% of Dog Bite Injuries Were Work Related
More than 16,500 dog bite injuries occurred to persons who were at work.
Common jobs resulting in dog bite injuries include:
- Mail and package delivery jobs, such as FedEx, UPS, or U.S. Postal Worker/Driver;
- Food delivery drivers, such as Uber Eats and pizza delivery;
- Animal clinic or shelter workers;
- Home repair workers, such as plumbers, electricians, HVAC technicians; and
- Home service installation workers, such as cable and internet services.
Most Common Injuries Resulting From a Dog Bite
By far the most common injury resulting from a dog bite was to the arm or hand.
45.3% of Dog Bites = Arm/Hand Injuries
The second most common injury overall was to the leg or foot, with 25.8% of all dog bites resulting in injury to this area. The third most common dog bite injury was to the head and neck region, with 22.8% of all dog bite victims suffering an injury to this area of their bodies.
Most concerning, however, is the fact that in children under four years of age, the vast majority of all dog bite injuries occurs to the head and neck. 64.9% of dog bite injuries in children under four are head or neck injuries.
Description of Injuries From Dog Bites
In addition to the generic “dog bite” characterization in medical records, treatment providers noted the following injury classifications from dog bites:
- Contusion;
- Puncture;
- Sprain;
- Laceration;
- Abrasion;
- Hematoma;
- Cellulitis;
- Infection;
- Amputation;
- Avulsion;
- Crush;
- Fracture; and
- Dislocation.
Dog bites can cause a variety of injuries, ranging from minor to severe.
The most common injuries caused by dog bites include puncture wounds, lacerations, bruising, and swelling. In some cases, dog bites can also cause infections or other complications, such as nerve damage or scarring.
It is important for people who have been bitten by a dog to seek medical attention as soon as possible in order to prevent any potential complications and ensure that the wound is properly treated.
Who Owns the Dog?
About 50% of all dog bite injuries are inflicted by a neighbor’s dog.
Does Alabama Have a One-Bite Law?
Alabama does not have a "one bite law" that absolves dog owners from liability for the first bite their dog causes. The Alabama dog bite statute holds dog owners liable for any injuries or damage caused by their dog regardless of whether the dog has a history of aggressive behavior or has bitten someone before. However, Alabama is frequently referred to as a one-bite state, because courts will use this analysis when the dog bite statute does not apply.
Under Alabama's dog bite statute, dog owners are strictly liable for any injuries or damages caused by their dog if the victim was bitten while in a public place or while legally on private property. This means that the victim does not have to prove that the dog owner knew or should have known that the dog was dangerous or had a tendency to bite. The owner is liable for any damages caused by their dog.
Additionally, general common law negligence principles also apply, meaning that if a dog owner knows or should know that their dog is dangerous and does not take reasonable measures to prevent the dog from attacking someone, they can be held liable for any injuries or damage caused by the attack.
When Do Alabama Courts Use the One-Bite Rule?
Where the Alabama dog bite statute does not apply, courts will analyze the case pursuant to the “one bite” principle. The "one bite rule" in Alabama refers to the legal principle that a dog owner is not liable for damages caused by their dog unless the dog has previously exhibited dangerous behavior, also known as the "first bite rule".
For a dog owner to be liable for a dog attack when the dog bite statute does not apply, the victim must prove scienter or that the dog owner knew or had reason to know of their dog’s dangerous or vicious propensities.
Propensity evidence is evidence that the animal has a particular character trait or tendency, such as a tendency to be violent or aggressive. In Alabama, courts have applied the one-bite rule to determine liability in dog bite cases.
For example, in the case of Ex parte Smith, the Alabama Supreme Court held that the defendant, the dog owner, was not liable for the plaintiff's injuries because there was no evidence that the dog had ever bitten or acted aggressively towards anyone before. This is often referred to as the dog being given one “free” bite.
Under the common law negligence analysis, if the dog has bitten before, the dog owner is considered to be automatically on notice of the dog’s vicious propensities and will be found liable if the dog attacks again.
Victims may also introduce the dog’s breed as evidence of a propensity to bite. Over the years, Alabama courts have held that certain dog breeds, such as pit bulls and pit bull mixes, are inherently vicious. This makes it easy to prove the dog owner is liable for a bite in such cases.
Alabama Dog Bite Law
In Alabama, there are two ways to establish liability for a dog bite injury: strict liability under the Alabama dog bite statute, and general common law negligence principles.
Under the Alabama dog bite statute, dog owners are strictly liable for any injuries or damages caused by their dog if the victim was bitten while in a public place or while legally on private property. This means that the victim does not have to prove that the dog owner knew or should have known that the dog was dangerous or had a tendency to bite. The owner is liable for any damages caused by their dog.
General common law negligence principles, on the other hand, require the victim to prove that the dog owner knew or should have known that the dog was dangerous and failed to take reasonable measures to prevent the dog from attacking or biting someone. This could include, for example, evidence that the dog had a history of aggressive behavior or had bitten someone before and that the owner knew about this but failed to take steps to prevent the dog from attacking again.
It's also worth noting that in Alabama, if a dog owner violates any of the local or city laws regarding the restriction, confinement, registration, or vaccination of a dog, it would be considered evidence of negligence per se and the owner can be held liable under the common law negligence principles.
Alabama Dog Bite Statute
Alabama Code Section 3-6-1 establishes who is liable for injuries caused by a dog bite in the state of Alabama.
Dog Bites That Happen on the Dog Owner’s Property
Liability of the owner of the dog for injuries to a person bitten or injured while upon property owned or controlled by the owner, etc.
Dog Bite Liability: Strict Liability
This means that under Alabama Code Section 3-6-1, dog owners are strictly liable for any injuries or damages caused by their dog if the victim was bitten while in a public place or while legally on private property. The victim does not have to prove that the dog owner knew or should have known that the dog was dangerous or had a tendency to bite. The owner is liable for any damages caused by their dog.
It's worth noting that Alabama Code Section 3-6-1 does not apply to injuries caused by a dog that is working as a hunting dog, herding dog, or predator control dog, as long as the dog is working within the scope of its training and the injury occurred while the dog was working.
The dog owner's liability is not limited to the actual damages suffered by the victim (e.g. medical expenses) but also includes the compensation for the pain and suffering, emotional distress, and the loss of enjoyment of life caused by the bite.
Alabama Code 3-6-3 contains a mitigating provision that allows a dog owner to avoid liability under the state's dog bite statute if they can prove that the victim was trespassing on their property or that the victim was committing a crime or an unlawful act at the time of the bite. This means that if the victim was illegally on the dog owner's property or was committing a crime such as theft, the owner may not be held liable for any injuries or damages caused by the dog's bite.
This provision is intended to provide some protection for dog owners who are not at fault for a dog bite that occurs on their property. For example, if someone enters a property without permission and gets bitten by a dog, the owner would not be held liable for the bite under this provision.
This provision does not absolve a dog owner of all liability for a dog bite. The owner can still be held liable for a dog bite under the general common law negligence principles, which holds that an owner can be held liable if they knew or should have known that their dog was dangerous and did not take reasonable measures to prevent the dog from attacking someone.
It's also important to remember that this provision does not protect the owner if the victim was legally on the property, such as if the victim was invited, or if the dog was provoked by the owner or someone under his supervision.
Dog Bites That Do Not Take Place on the Dog Owner’s Property
When a person is bitten by a dog while it is not on the owner’s property, for instance, at the park, or while walking along a public roadway, the question of liability turns on whether the dog is known to be vicious or dangerous.
Liability of Owner, etc., Permitting Vicious or Dangerous Animal to Be at Liberty, etc., for Injuries Caused by Same
Alabama Dog Bite Law: General Negligence Principles
In Alabama, dog owners can also be held liable for a dog bite under general common law negligence principles. This means that if a dog owner knows or should know that their dog is dangerous and does not take reasonable measures to prevent the dog from attacking someone, they can be held liable for any injuries or damage caused by the attack.
This principle applies to all types of injuries or damage caused by the dog, not only bites. For example, if a dog knocks someone over and causes them to break a bone, the owner can be held liable under general negligence principles.
To prove negligence, the victim must show that the dog owner had a duty of care to prevent the dog from causing harm, that the owner breached that duty, and that the breach caused the victim's injuries.
The owner's knowledge of the dog's dangerous tendencies can be shown by evidence of prior aggressive behavior, such as previous biting incidents, or by evidence that the owner knew or should have known that the dog was dangerous based on the breed or other characteristics of the dog.
This principle applies even if the dog has never bitten anyone before, and it can be used in conjunction with the state's dog bite statute, which holds dog owners strictly liable for any injuries or damages caused by their dog if the victim was bitten while in a public place or while legally on private property.
What Is the Law of the Second Bite?
The "law of the second bite" is a term that refers to a legal principle that holds dog owners liable for injuries or damage caused by their dog if the owner knew or should have known that the dog had a tendency to bite or be aggressive. It is often used as an alternative to the "one bite rule" that would absolve a dog owner of liability for the first bite their dog causes.
The "law of the second bite" applies to any subsequent bite after the first bite, in which the owner should have known that the dog had a tendency to bite or be aggressive. This means that if a dog has bitten someone before and the owner knew or should have known about it, and the dog bites someone again, the owner can be held liable for any injuries or damage caused by the second bite, regardless of whether the dog had a history of aggressive behavior or had bitten someone before.
This principle is different from state to state and some states, such as Alabama, have laws that hold dog owners strictly liable for any injuries or damages caused by their dog regardless of whether the dog has a history of aggressive behavior or has bitten someone before.
Who Is Considered a Dog Owner Under Alabama Law?
Alabama law defines a dog owner as:
Should You Report a Dog That Bites You?
Yes, it is important to report a dog that bites you. Dog bites can be serious and can lead to infection and other complications. If a dog has bitten you, it's important to seek medical attention right away, even if the bite seems minor.
In addition to seeking medical attention, it's also important to report the bite to the local animal control or health department.
This is important for several reasons:
- First, it can help identify if the dog is infected with rabies, which is a serious and potentially fatal disease that can be transmitted to humans through a dog bite.
- Second, it can help identify if the dog has a history of biting, which can be important information for public safety.
- Third, it can help enforce any local laws or ordinances regarding dog bites, such as quarantining the dog or taking action against the owner.
It's also important to get the contact information of the dog's owner and any witnesses of the incident. This can help you in case you need to file a claim with the dog owner's insurance company or seek compensation for medical expenses or other damages.
Reporting a dog bite is not only for your own safety but also for the safety of the community.
Who Should You Contact After Being Bitten by a Dog in the State of Alabama?
Alabama Code Section 3-7A-9 sets out the procedure for what is to be done after a dog bites a human being in the state of Alabama.
The law states that immediately after a person is bitten by a dog, the State Health Officer or a county health officer should be immediately notified.
The Alabama Public Health Department website states that a person bitten by a dog should seek immediate medical attention and report the bite to the local (county) health department using the ADPH Rabies Exposure Report
Do You Have to Report Dog Bites in Alabama?
In Alabama, it is not required by law to report dog bites to any specific state agency, but it's highly recommended to report it to the local animal control or health department.
Alabama Rabid Dog Statute
The Alabama Rabid Dog Statute is a law that deals with the control and management of rabid dogs in the state of Alabama. The statute sets out the responsibilities of dog owners, animal control officers, and health officials concerning the prevention, identification, and control of rabies.
The statute states that the owner of any dog that bites or scratches a person or another animal shall immediately deliver the dog to the local health department or a licensed veterinarian for observation or quarantine. The statute also requires that any person who owns or keeps a dog, cat, or ferret shall have the animal vaccinated against rabies.
The statute also establishes that if a dog is determined to be infected with rabies, the owner shall have the animal destroyed humanely and the head of the animal shall be sent to the state health department for examination.
Additionally, the statute empowers the local health department, or their designated agent, to impound any animal that is suspected of having rabies and to destroy any animal that is confirmed to have rabies.
The Rabid Dog Statute is intended to protect public health and safety by controlling the spread of rabies, a deadly disease that can be transmitted from animals to humans.
How Do I Know If I Was Exposed to Rabies by a Dog Bite?
An exposure is defined by Alabama law as:
This means that absolutely every dog bite, regardless of whether the dog is known to carry rabies, should be reported to the Alabama Department of Public Health so that rabies safety protocols can be followed to ensure the safety of the dog bite victim. This is actually a mandatory duty under Alabama state law, meaning that it is a violation of the law if you know that a person has been bitten by a dog and you fail to report it.
New Alabama Dog Laws: Emily’s Law
Emily's Law is a law passed in Alabama in 2018, named after 24-year-old Emily Colvin, who was severely injured in a dog attack by a pack of dogs who came into her front yard in Jackson County. She ultimately died of her injuries. The law is aimed at increasing the penalties for dog owners whose dogs cause serious injuries or death.
Under Emily's Law, if a dog causes serious injury or death to a person, the owner can be charged with a Class C Felony, which is punishable by up to 10 years in prison and a fine of up to $15,000. The law also includes provisions for enhanced penalties for repeat offenders, and for cases where the dog has a history of aggressive behavior or has been trained to be aggressive.
The law also allows for the forfeiture of the dog in question to the state, which could then be put up for adoption if deemed fit, or humanely euthanized if deemed dangerous.
Emily's Law is intended to hold dog owners more accountable for the actions of their pets and to provide harsher penalties for those who own dogs that cause serious harm to others. It is also a way to protect the public by providing more severe punishment for people who own dogs that are known to be dangerous or have a history of aggressive behavior but still keep them and put other people in danger.
What Happens to a Dog After It Bites Someone in the State of Alabama?
The short answer is, that the dog must be quarantined and placed under observation. The long answer is the following Alabama Code Section which sets out the full procedure for what is to take place after a dog bites a human in the state of Alabama.
What to Do After Being Bitten by a Dog
If you have been bitten by a dog, it is important to seek medical attention as soon as possible. Even if the bite seems minor, it is important to have it checked by a doctor to ensure that there are no underlying injuries or infections.
You should also try to identify the dog that bit you and, if possible, get the owner's contact information. This will be useful if you need to report the bite to animal control and to provide to your lawyer when you need to take legal action.
You should also clean the wound thoroughly with soap and water, and apply an antiseptic to prevent infection. If the bleeding is severe, you should apply pressure to the wound with a clean cloth or bandage and elevate the affected area to reduce swelling.
It is also a good idea to keep a record of the incident, including any information about the dog and its owner, and any medical treatment you receive. This will be useful if you need to provide evidence in the future.
Alabama Dangerous Dog Breeds: Which Breeds of Dog Are the Most Dangerous?
This is a hot-button issue, with many contending that certain breeds have gotten an undeserved bad reputation. Regardless of breed, a dog's behavior is largely determined by its training, socialization, and environment.
Any breed of dog has the potential to be dangerous if it is not properly trained and socialized. However, some breeds of dogs are more commonly associated with aggressive behavior than others.
These breeds include pit bulls, Rottweilers, German shepherds, and Doberman pinschers. It is important to remember that any breed of dog can be aggressive, and it is the dog owner’s responsibility to ensure that their dog is properly trained and socialized.
Alabama does not have a specific law that prohibits or regulates certain dog breeds as "dangerous." However, under Alabama's dangerous dog law, a dangerous dog is defined as a dog that has inflicted serious injury on a person or domestic animal without provocation, or that has a history of attacking people or domestic animals without provocation.
This means that any breed of dog can be considered dangerous if it has exhibited aggressive behavior.
However, some local municipalities or county may have their own ordinances and regulations that might include certain breeds of dogs that are considered dangerous or vicious. Some insurance companies also have their own restrictions in terms of breeds they will insure against.
Alabama Dangerous Dog Law
Alabama has a dangerous dog law that is intended to protect the public from dangerous or vicious dogs. The law allows local governments to adopt ordinances regulating the ownership of dangerous dogs and to impose penalties on dog owners whose dogs have been deemed dangerous or vicious.
Under the law, a dangerous dog is defined as a dog that has inflicted serious injury on a person or domestic animal without provocation, or that has a history of attacking people or domestic animals without provocation.
The law gives local authorities the power to seize and impound dangerous dogs and to order the destruction of dangerous dogs in certain circumstances. It also makes the owner of a dangerous dog liable for any damages caused by the dog and allows for the imposition of fines and penalties on the owner of a dangerous dog.
The law also allows for the seizure of a dog if it is found running at large, and if the owner fails to produce proof of rabies vaccination, it can be impounded for 10 days, and if unclaimed it can be humanely euthanized.
The dangerous dog law is intended to protect the public by holding dog owners accountable for the actions of their pets and providing a means for local authorities to enforce regulations on dangerous dogs. It also aims to protect animals by allowing local authorities to seize and humanely destroy dangerous dogs that pose a threat to the community.
Dog Breeds Frequently Restricted or Excluded by Insurance Companies
Insurance companies may have their own policies and restrictions when it comes to insuring certain breeds of dogs. Some of the breeds that are most frequently restricted by insurance companies include:
- Pit Bulls (American Pit Bull Terrier, Staffordshire Bull Terrier, American Bulldog);
- Rottweilers;
- Doberman Pinschers;
- German Shepherds;
- Akitas;
- Chow Chows;
- Wolf-hybrids;
- Mastiffs (Bullmastiff, English Mastiff, Cane Corso, Spanish Mastiff);
- Great Danes; and
- Boxers.
These restrictions vary by insurance company and can also change over time. Some companies may also have different rules for different states. Also, the breeds mentioned above may not be the only ones restricted, the list may vary by each company.
It's important to check with your specific insurance company to see if they have any restrictions on certain dog breeds and to make sure that your dog is covered under your policy. Some insurance companies may require additional information or documentation, such as a letter from a veterinarian or a behaviorist, to show that your dog is well-trained and well-behaved.
Are Pit Bulls Banned in the State of Alabama?
Pit Bulls are not banned in the state of Alabama. Alabama does not have a statewide law that prohibits the ownership or breeding of specific dog breeds, including Pit Bulls. However, some municipalities and counties in Alabama may have their own ordinances and regulations regarding certain dog breeds.
It's important to check with your local government to see if there are any restrictions or regulations in your area regarding the ownership of Pit Bulls or other breeds. Some municipalities may have breed-specific legislation (BSL) that targets certain breeds of dogs and may require specific licensing or regulations for those breeds.
The American Veterinary Medical Association (AVMA) and the American Bar Association (ABA) are against breed-specific legislation, they argue that it is not an effective way to reduce dog bites and that it can lead to the displacement of problem dogs to other areas where they are not regulated, as well as the relinquishment of unwanted dogs to animal shelters.
Alabama Dog Bite Quarantine
The Alabama dog bite quarantine is a legal requirement established by the state of Alabama to protect the public from the spread of rabies. The quarantine is applied to dogs that have bitten or scratched a person or another animal.
Under Alabama law, the owner of any dog that bites or scratches a person or another animal shall immediately deliver the dog to the local health department or a licensed veterinarian for observation or quarantine. The quarantine period for dogs that have bitten or scratched a person is typically 10 days. During this time, the dog is observed for signs of rabies.
If the dog is determined to be infected with rabies, the owner shall have the animal destroyed humanely and the head of the animal shall be sent to the state health department for examination. If the dog is not infected with rabies, it can be returned to the owner once the quarantine period is over.
The quarantine is intended to protect public health and safety by controlling the spread of rabies, a deadly disease that can be transmitted from animals to humans. Additionally, it's important for dog owners to ensure that their pets are up to date with their rabies vaccinations, as it can help prevent the spread of the disease.
Do Police Investigate Dog Bites in Alabama?
In Alabama, it is not necessarily required for the police to investigate all dog bites, but they can investigate if they are notified of the incident. If a dog bite occurs, it is typically reported to the local animal control or health department, which is responsible for investigating and enforcing laws and regulations regarding dog bites.
However, in the case of a severe dog bite or if the dog is roaming at large and has bitten someone, the police may be called to the scene to investigate and take appropriate action. For example, if the dog is determined to be a danger to the public and can't be safely captured, the police may need to take measures to immobilize the dog such as using a tranquilizer gun.
If a dog bite occurs and the police are called, they may also need to file a report, which can be used as evidence in court if the victim chooses to pursue legal action against the dog's owner.
It's important to report any dog bite to the local animal control or health department, and if the bite is severe, to seek medical attention, and to also report the incident to the police, so they can take appropriate action and keep track of it.
Can I Be Prosecuted If My Dog Bites Someone?
Emily's Law is a law passed in Alabama in 2018 that allows dog owners to be charged with a crime if their dog causes serious injury or death to a person.
Under Emily's Law, if a dog causes serious injury or death to a person, the owner can be charged with a Class C Felony, which is punishable by up to 10 years in prison and a fine of up to $15,000. The law also includes provisions for enhanced penalties for repeat offenders, and for cases where the dog has a history of aggressive behavior or has been trained to be aggressive.
The law applies to any person who owns, keeps, or harbors a dog, and it doesn't matter if the dog is a specific breed or not, the law applies to any dog that causes serious injury or death.
The law is intended to hold dog owners more accountable for the actions of their pets and to provide harsher penalties for those who own dogs that cause serious harm to others. It's an effort to protect the public by providing more severe punishment for people who own dogs that are known to be dangerous or have a history of aggressive behavior but still keep them and put other people in danger.
Experienced Alabama Dog Bite Attorneys
Injuries suffered as a result of a dog attack can be severe and the issues surrounding who is liable for the injuries can be complex, requiring skilled attorneys.
At Baxley Maniscalco, our experienced dog bite lawyers can help you navigate making a claim to be fully compensated for your injuries, to have your medical bills paid plus get money in your pocket for your lost wages and pain and suffering as a result of your injuries.
We will take the burden of the red tape off your shoulders so you can focus on healing physically and emotionally from the attack.
Call or text us today at (256) 770-7232 for a free consultation. There is no upfront or out-of-pocket cost to you.
We handle cases on a contingency fee basis, meaning we only get paid if you win your case and we recover money on your behalf.