Dog Bite Law

Preventing trouble

Preventing trouble takes work and knowledge. First, you have to pick the right type of dog. For information about that, see Advice for Parents About Getting Or Keeping a Dog, even if you do not have children.

Then you have to socialize and train your dog. These are two different things. "Socialize" essentially means desensitize the dog to stimulation -- teach it to remain calm around people, guests in the home, strangers who come to the front door, children and the like. When you take your puppy to a dog obedience class, his interactions with other people and dogs are one opportunity for socialization, while the things that he learns are the training. The Internet has a good deal of material about the socialization and training of dogs. See, for example, the discussion about socialization in Aggression and Prevention by Vladae Roytapel, at his web page entitled Free Articles.

It is important also to care properly for your dog. He needs the right food, place to spend his time, grooming, bathing and veterinary care. There are essential vaccinations that need to be administered early and renewed from time to time. Again, the Internet has plenty of advice about the care, feeding and veterinary care of your dog.

Techniques of socialization, training and care must be mastered not only by you but also by the other members of your household. It is absolutely essential that your entire household learn how to socialize, train and care for your dog. All experts agree that an out-of-control household will produce an out-of-control dog. The mistakes by the many will undo the socialization and training by only one person. To accomplish this, hire a dog trainer or take your dog and your family to training classes. There are many trainers and different training methods to choose from.

There are many resources for dog owners. Pet stores and libraries contain books about specific breeds. Tough problems can be addressed by experts in dog behavior. Kennel clubs throughout the United States share information about dogs. See the Links section of this website for experts and kennel clubs.

Here are guidelines for preventing trouble with your dog:

• Keep your dog confined securely. An ounce of prevention is worth a pound of cure.
• Keep your dog under the control of a responsible person. Don't allow your child to take the family dog for a walk until he is mentally and physically mature enough and understands leash laws and the dog's behavior.
• Never leave infants or young children alone with any dog.
• Leash your dog when it is not behind a fence or closed doors.
• A leash should be no more than 6 feet so that you can actually control the dog. A retractable leash is against the law in most places.
• Obey leash laws. In Los Angeles, for example, a leash must be under 6 feet long.
• If your dog is edgy around people or other dogs, consider getting a Caution Dog leash and collar (click on the leash at the right to learn more about Caution Dog products).
• Muzzle your dog if it is large, aggressive, a member of a fighting breed, doesn't like children, gets scared easily, likes to fight other animals, you are having workers at the house, etc. etc. etc. There is every reason to muzzle your dog and just about no reason to not do so. See the leather muzzles by the Pooch Protector.
• Do not chain or tie up your dog. It is considered inhumane, it is known to produce viciousness, and in many cities it is a crime.
• Obey licensing laws. Almost everywhere, a dog must be licensed.  
• Obey laws that require warning signs. Generally, warning signs are required for aggressive dogs, sentry dogs and guard dogs. Check your state law, county law and city law.
• Make sure your pets have their vaccinations on the schedule recommended by you veterinarian. 
• Make sure your dog is spayed or neutered.
• Get things that promote dog safety.
• Train your dog. Consider dog obedience classes.
• Socialize your dog.  
• Identification tags, microchips and vaccination records are vital if your dog bites someone or gets lost.
• If your dog bites or even snaps at someone, call a professional trainer or a behaviorist right away. A snap is only a bite that does not connect. 
• Never play aggressive games with your dog (e.g., wrestling).
• Never train your dog to be mean.
• Learn more about your dog. What overexcites him or puts him on guard? Know his personal language, like barks, growls and whimpers. Learn to read his tail, eyes, ears and body posture.
• If your dog is a pit bull or Rottweiler, there may be special laws that apply to both you and your dog. Check with your animal control department or local humane society.
• If you have kids and are thinking about getting a dog, see Advice for Parents About Getting a Dog.
• Make sure that you have insurance that will cover canine inflicted injuries. Every dog owner needs homeowner or renters insurance, because any dog can cause injury. Injuries by dogs are considered personal liabilities, which are covered by the personal liability provisions of these policies. Make sure that your policy does not exclude canine inflicted injuries. In some cities and states, pit bull owners are required to have insurance. If you cannot get a satisfactory policy from the well known insurance companies, there are a couple of agencies that sell insurance just for dog owners. For more information, see Insurance for Dog Owners.

Dealing with hostility

For one reason or another, some dog owners and their dogs face hostility from members of the community. If your dog barks too much, displays a vicious temperament, runs at large in violation of law, or bites people, the hostility is well deserved and you need to focus on solving the problem even if it means putting the dog down. However, if the hostility is the result of bias or unfounded fear, there are steps that you should take to diffuse the situation.

The best strategy for pit bull owners and the owners of other politically incorrect dogs is this:

• Consider yourself the ambassador for the breed. Don't force your dog on anyone who doesn't like it.

• Use common sense in all safety-related situations. Don't allow people to get into your dog's face, or kids to excite your dog.

• Make it obvious that you obey all animal control laws.

If neighbors are vigilantly observing you and your dog, trying to set you up for a fall in "dog court," add the following defensive measures:

• Take photos every day (date stamped and time stamped) of you and your dog on its leash. I recommend dedicating a specific memory card for these photos so that you don't have to download them and keep track of them. Retain each photo on the card for three years. Keep the resolution under one megabyte.

• Invite neighbors to direct comments and criticisms directly to you. Listen without judgment. Gently correct any misstatements or misconceptions without becoming angry or wordy. Thank people for their comments and assure them that you either agree or that you will take their viewpoint into consideration in the future.

• In all situations and interactions, make yourself look better than the complainant. Don't try to make the complainant look worse than you.

To diffuse the situation following a decision in your favor at "dog court," post a sign, deliver fliers or mail letters that say the following:

"Peace and Safety For Our Neighborhood! We were grateful the animal control department confirmed that our dogs are NOT DANGEROUS OR VICIOUS. Anyone who wishes to read the official decision of the department should contact us for a copy. We want to keep the peace, and therefore publicly announce our determination to comply with the following mandates from the department: ___ . PLEASE LET US KNOW HOW WE ARE DOING! If you see or are told that we did anything wrong with our dogs, be a good neighbor and tell us directly. You can e-mail us at ___ ."

Defending your dog in "dog court"

If your dog barks too much, lunges at pedestrians, snaps at the mailman or kids on the block, trouble is on its way. It can take several forms. The Post Office may refuse to deliver mail until you deal with the problem. Animal control may cite you and fine you. Injuries to others will be followed by a letter from an attorney which, if you do not answer it, will in turn be followed by a visit from a Sheriff bearing the summons for a lawsuit.

The most serious of these problems is the dog bite. To avoid dog bites, learn why they happen. See Why Dogs Bite. By training, socializing and caring properly for your dog, you reduce the chances of a problem, but if your dog bites someone, do the right things so that the victim and his family do not become frustrated and take action. See If Your Dog Bites Someone.

There also can be problems if your dog bites another dog. Many cities have local laws that hold you strictly liable for injuries to other dogs. In addition to ordinances establishing liability, there are traditional legal doctrines that can make you legally responsible. If you face this situation, you need to be prepared thoroughly so that nothing happens to your dog, and you can quickly deflate any claim that the other dog owner makes. Attorney Kenneth Phillips has a self-help book for dog owners, called What To Do If Your Dog Is Injured Or Killed. Although written from the perspective of the owner of the injured dog, the book outlines all of the defenses to these claims. Because the book is used on your computer, it also contains an interactive "Liability Wizard" to help you determine whether or not you are liable for an incident.

If you are cited into "dog court" on an allegation that your dog is legally dangerous, here are the steps to follow:

• Carefully review the citation or notice of hearing to determine which laws the authorities have chosen to apply.

• Read the state, county and city laws that are cited.

• Break all the applicable laws down into their essential elements.

• Put together the evidence that would negate at least one of the elements (if any such evidence can be found). You will be greatly assisted in this by What To Do If Your Dog Is Injured Or Killed.

• Prepare a convincing argument that your dog should not be found "guilty" because the evidence is lacking.

• Prepare a second argument that the penalty should be minimal in case the ruling goes against you.
  

Your duties toward your dog

The following "Ten Commandments for Dog Owners" were written from the perspective of a dog, and provide some good guidelines about your duties to your "best friend."

1. My life is likely to last 10-15 years. Any separation from you will be painful for me. Remember that before you get me.
2. Give me time to understand what you want from me.
3. Place your trust in me. It is crucial to my well-being.
4. Don't be angry with me for long, and don't lock me up as punishment. You have your work, entertainment and friends. I only have you.
5. Talk to me sometimes. Even if I don't understand your words, I understand your voice.
6. Be aware that however you treat me, I'll never forget it.
7. Please don't hit me. I can't hit back, but I can bite and scratch, and I really don't want to do that.
8. Before you scold me for being uncooperative, obstinate or lazy, ask yourself if something might be bothering me. I don't speak your language. Perhaps I'm not getting the right foods, or I've been out in the sun too long, or my heart is getting old and weak.
9. Take care of me when I get old. You will grow old, too. You'll hope someone cares.
10. Go with me on difficult journeys. Never say, "I can't bear to watch," or "let it happen in my absence". Everything is easier for me if you are there. Remember, I love you.

www.dogbitelaw.com and each of its sections and products, including Dog Bite Law, The Dog Bite Law Adviser, Dog Bite Litigation Forms, What To Do If Your Dog Is Injured Or Killed, Avoiding Liability When You Train, Shelter or Adopt-Out, Anatomy of a Dog Bite Case, and the foregoing text, are (c) 1999-2008 Kenneth M. Phillips. All rights reserved. Reproduction in whole or part prohibited except where advance permission is granted in writing. Please read the disclaimer and our rules for linking and quoting. Reporters seeking interviews are welcome to click here.