Strict Liability in Dog Bite Lawsuits

Dog ownership brings joy, companionship, improved health and many additional benefits to individuals and families. However, the privilege of owning a dog comes the responsibility to ensure public safety. Dog attacks can cause severe physical and emotional harm to victims, leading to long-lasting consequences.

Many state and local jurisdictions have implemented strict liability laws in dog bite lawsuits to help protect dog bite victims.

Understanding Strict Liability

Strict liability, as applied to dog bite cases, holds dog owners legally responsible for injuries caused by their pets, regardless of the owner’s knowledge or fault. “Pursuing a dog bite injury through strict liability is a more straightforward and easier process than pursuing a common law claim,” note Seattle dog bite lawyers at The Fang Law Firm. Under strict liability laws, the focus shifts from proving negligence to establishing ownership and causation.

If a dog bites or otherwise injures someone, the owner can be held liable for the resulting damages, regardless of whether they were aware of the dog’s poor behavior or had taken appropriate actions to prevent an attack.

The Purpose of Strict Liability

The primary purpose of strict liability in dog bite lawsuits is to protect the interests of victims. It recognizes that victims of dog bites often suffer physical injuries, emotional distress, medical expenses and loss of income. Strict liability ensures that these victims receive compensation for their damages, enabling them to recover and rebuild their lives. Strict liability also encourages responsible dog ownership by emphasizing the importance of preventing dog-related incidents through training, socialization and responsible enclosures.

Impact on Dog Owners

Strict liability laws impose a significant burden on dog owners, as they are held financially accountable for any harm caused by their animals. Accountability under strict liability incentivizes responsible ownership, prompting owners to take necessary precautions to prevent their dogs from causing harm. It encourages dog owners to train and socialize their dogs, properly restrain them in public spaces, and educate themselves about the signs of aggression. By doing so, dog owners can reduce the likelihood of their pets biting or attacking others and avoid legal and financial consequences.

Exceptions & Defenses to Strict Liability

While strict liability places the onus on dog owners, there are certain exceptions and defenses that may be applicable in dog bite cases. If the victim was trespassing, provoking the animal, or engaging in unlawful activities, the owner may have a defense against liability.

Some jurisdictions have specific laws regarding working or law enforcement dogs that may provide exemptions or different standards of liability. It is essential for both dog owners and victims to consult local laws and seek legal advice to fully understand their rights and responsibilities.

Promoting Public Safety

Strict liability laws also play a vital role in promoting public safety. By holding dog owners accountable for their pets’ actions, communities can enjoy greater peace of mind. Stricter liability standards create a deterrent effect, as owners are motivated to prevent their dogs from causing harm due to the potential financial and legal consequences. A possible outcome is fewer dog-related incidents and enhancement of public safety, particularly in areas where children or elderly individuals are present.

Owning a Dog is a Privilege

Strict liability in dog bite lawsuits strikes a balance between protecting victims and promoting responsible dog ownership. By shifting the burden of proof from the victim to the owner, it ensures dog bite victims receive compensation for their injuries and damages. Strict liability also encourages dog owners to take precautions to prevent their pets from poor behavior, ultimately fostering a safer environment for both humans and animals. Strict liability laws serve as a reminder that owning a dog is a privilege accompanied by the responsibility to prioritize public safety and the well-being of everyone.

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