Dog Bite Statutes Part I—Liability Laws
Dogs and dog bites have long been a concern among insurance personnel. Underwriting has to determine whether or not to write a policy when a dog is in the house, and claims adjusters have to settle claims when a bite has occurred. Each state has statutes dealing with the issues of liability laws, a definition of dangerous dog, and leash laws. As there is a volume of information, charts are provided for each section. Other topics can be found at Dog Bite Statutes Part II—Definition of "Dangerous" and Dog Bite Statutes Part III—Leash Laws. The statutes are listed with each section.
While at one time states allowed statutes governing ownership or possession of particular breeds under the assumption that some breeds are more dangerous than others, states have moved away from that and now define dangerous dogs based on behavior alone, and not breed.
| State | Applicable Statute(s) | Liability Laws |
| Alabama | Ala. Code §§3-1-3; 3-6-1; 11-47-110 | Owner is liable for injuries when the victim has a legal right to be on the location and the dog without provocation bites or injures said victim. Such liability only applies if the victim is on the property of the owner of the dog. If the owner keeps a dangerous animal and allows it to run free or animal escapes and injures another person without fault on his part, the owner is liable. No breed restrictions. |
| Alaska | Alaska Stat. §03.55.010 – .070 | Lawful to kill a mad/vicious dog running at large. A dog that has a habit of annoying animals, domesticated or wild, may be lawfully killed if at large. If owner is easily identifiable, must be given a chance to restrain dog before killing dog is lawful. No breed restrictions. Village council of unincorporated village can "destroy" loose dogs in village. Council may impose dog control ordinances with a 20 mile radius of the village. |
| Arizona | A.R.S. §§11- 1001, 11-1025, 11-1026, 11-1027 | Dogs in public places must be restrained with a leash, cage, etc. Owner liable when victim in or on public place or lawfully in or on private place, including property of dog owner. Police or military dogs are exceptions in certain instances. Proof of provocation is defense. No breed restrictions. |
| Arkansas | A.C.A.§§20-19-102; 20-19-404; 20-19-406; 20-19-408 | Owner is liable if dog kills or injures a domesticated animal, including but not limited to sheep, goats, cattle, swine, and poultry. A person knowing a dog has killed or is about to catch, injure, or kill a domesticated animal has right to kill the dog without liability to the dog's owner. Does not prevent local regulation of owning, breeding, feeding of wolves or wolf-dog hybrids. Such hybrids must be adequately confined, fed, and vaccinated. |
| California | Cal. Civ. Code §3342 Ann. Ca. Health & Safety Code §122331 | Owner liable when victim in public place or lawfully in private place, including property of owner of dog. Police or military dogs are exceptions in certain instances. Breed specific ordinances permitted only regarding spay/neuter programs and breeding requirements. No breed shall be declared potentially dangerous. |
| Colorado | C.R.S.A. §13-21-124 | Owner liable while victim lawfully on public or private property. Owner not liable if person is unlawfully on property, if the owner has posted No Trespassing/Beware of Dog signs, as a result of provoking the dog, while dog is working on owner's property or under owner's control, or if the person is a vet, groomer, humane agency staff, professional handler, trainer, or dog show judge performing his/her respective duties. Does not affect other causes of action predicated on other negligence, intentional tort, outrageous conduct, or other theories. Does not affect provisions of other criminal or civil statute governing regulation of dogs. Exceptions apply to military and peace officer dogs while performing such duties. |
| Connecticut | C.G.S.A. §22-357 | Owner liable if dog damages property or injures person unless person was committing a trespass or other tort, or was provoking the dog. Children under 7 years of age presumed not to have been trespassing or harassing dog unless proven otherwise. Household members of law enforcement assigned dogs presumed not liable unless proven to be keeper of the dog. |
| Delaware | 16 Del.C. §§3048F; 3051F; 3053F; 3076F | Owner of dog liable for damages for any injury, death, or loss to person or property caused by the dog, unless the person claiming liability was committing a trespass or other criminal offense against the property of the owner or any person, or was provoking the dog. Any person can injure or kill a dog to protect livestock, poultry, or another human if the dog is attacking, and a police officer or animal control can kill a dog if deemed an immediate threat to public health, without civil or criminal liability to the owner. No breed restrictions-restrictions apply to dangerous/potentially dangerous dogs as defined. If a Justice of the Peace Court finds a dog is "dangerous," the dog must be spayed/neutered; owner must have minimum liability coverage of $100,000 for injuries by dog; be confined by owner and when outside enclosure must be muzzled and chained. Premises marked with sign that dangerous dog is on premises. Owner may not sell or give away a dangerous dog to anyone except the Department. Owner must notify animal control if the dog is loose, has attacked a human or domestic animal, has moved to a new address, or dies. |
| District of Columbia | D.C. ST §§8-1904–1906; 22-1311 | Owner of dangerous dog that causes serious injury or kills a human or domestic animal without provocation will be fined up to $10,000. No breed restrictions. Dangerous dogs must be registered once the following conditions are established: dog's owner is 18 or older; dog has a valid license; dog is up-to-date on vaccinations; owner has a proper enclosure for dog, as determined by the Mayor; owner has paid annual fee determined by the Mayor and regular licensing fees to register dog; proof that dog is spayed or neutered; dog is microchipped with owner's ID; and proof of written permission of the property owner or homeowner's association, if either is appropriate. Dog's owner must post a visible, printed sign warning of the dangerous dog, and include a conspicuous warning symbol that may be understood by children. |
| Florida | Fla. Stat. §767.04; 767.14 | Owner liable when victim in public place, or lawfully on or in private place, including property of dog's owner. Negligence on part of victim reduces liability of owner by percentage that the victim's negligence contributed to the injury. Owner is not liable to anyone over age 6, unless owner is somehow negligent, if at the time of injury the owner has a sign on premises that is easily readable and includes the words "Bad Dog". No breed restrictions. Local government can put further restrictions on dangerous dogs, but the regulation cannot be breed specific. |
| Georgia | Ga. Code Ann. §4-8-29; 4-8-27 | If the dog is off the property, must be (1) restrained by a leash no longer than 6 feet and under the control of a person capable of preventing the dog from engaging with others if necessary; (2) in a closed and locked cage or crate; or (3) working or training as a hunting, herding, or predator control dog. Owner of a vicious dog may not allow dog outside an enclosure designed to confine the dog on the owner's property unless (1) dog is muzzled and restrained by a leash no longer than 6 feet and under control of a person capable of preventing dog's interaction with others or (2) dog is in a closed and locked cage or crate; owner may not leave a vicious dog alone with minors. Owner previously convicted under this article whose classified dog injures another person that results in another violation of this article is guilty of a felony; upon conviction, owner punished by one to ten years in prison, a fine between $5,000 and $10,000, or both. Dog shall be euthanized at owner's expense. Dog must be registered and microchipped. Owner must confine dog, premises must be posted with warning sign. Owner will have at least $50,000 of specific liability insurance for injury inflicted by dog; extra registration fee may be charged. Dog must be muzzled if outside proper enclosure. No person may own more than one vicious dog. Registration must be renewed annually. Failure to renew within ten days of renewal date is a violation of this article. |
| Hawaii | HRS §142-75; 663-9; 663-9.1 | Anyone may bring action against owner of a dog who has bitten a human on 2 separate occasions. No liability if person injured was on dog owner's property unlawfully, or if the injured person teased, tormented, or otherwise abused the dog without negligence or involvement of owner. Owner strictly liable only if animal is known by its species or nature to be dangerous, wild, vicious if the animal proximately caused injury or property damage. Owner not liable if dog was provoked without the owner's negligence, or the use of the dog to cause damage was justified under § 703-300–310. Each county can enact ordinances regulating people who own, harbor, or keep any dog that has bitten/injured/maimed a person. |
| Idaho | Idaho Code §25-2803, -2806 | Dogs must be licensed, dogs at large must have collar and tags. Vicious dogs must be in secure enclosure, and if outside of enclosure must be restrained by a chain sufficient to control the dog. Dog owner is liable to the owner of any livestock or poultry for the dog killing, worrying, or wounding livestock/poultry. State law establishes minimum standards/requirements for dangerous dogs, but shall not supersede or invalidate existing local ordinances or prevent local governments from adopting and enforcing stricter definitions of "dangerous dogs" so long as there is a provision for justified provocation. |
| Illinois | 510 ILCS 5/2.05a; 5/2.17c; 5/2.19b; 5/2.14; 5/2.16 | Owner liable if victim is any place where victim may lawfully be if dog attacks unprovoked. Dangerous dog means any one dog anywhere other than the owner's property who behaves in a way that a reasonable person would believe poses a serious, imminent threat of physical injury, or the dog bites without justification and doesn't cause serious injury. Such dogs may not leave their owner's property without being controlled on a leash, which is a cord, rope, strap, or chain strong enough to control the dog. Potentially dangerous dog means any unsupervised dog found running at large with three or more other dogs Vicious dog means a dog attacking a person without provocation and causing serious injury, or any dog found to be a dangerous dog on three separate occasions. |
| Indiana | Ind. Code. Ann. §§15-20-1-1; 15-20-1-3 | Owner liable to any person peaceably conducting himself in any place where he may be required for discharging duty imposed upon him by laws of state or by laws or postal regulations of U.S. Owner liable for all damages to person even if owner had no knowledge of prior vicious behavior by the dog or dog had never previously behaved in such a manner. No breed restrictions. City and county can prohibit dogs from running at large and apply restrictions for the control of rabies or other purposes. |
| Iowa | Iowa Code §§351.28; 351.41 | Owner liable when dog worries, maims, or kills a domestic animal or attacks or attempts to bite a person except when person is committing an unlawful act directly contributing to the injury. City or county may prohibit dogs/other animals from running at large; may also provide additional measures for restriction of dogs and other animals to control rabies and "for other purposes." |
| Kansas | K.S.A. §§47-645; 47-646; 21-6418 | Owners of dogs shall be liable if the dog kills, wounds, or worrys any domestic animal. It is lawful for a person to kill any dog found injuring or attempting to injure livestock. Permitting a dangerous animal to be at large is a class B nonperson misdemeanor. |
| Kentucky | KRS §§258.095; 258.235; 258.255; 258.265; 258.990 | Owner liable for any damage to person, livestock or other property caused by dog. Unlawful to let vicious dog run at large. Owner liable to pay for any injuries inflicted by dog that bites a human. Anyone may lawfully kill or seize a dog seen attacking any person, and a livestock owner may kill a dog trespassing on the property and observed in the act of pursuing or wounding his livestock, without liability to the dog's owner. Female dogs in heat must be confined in a building or secure enclosure to prevent contact with male dogs except for a planned breeding. Peace or animal control officer may seize or destroy any dog running at large without its owner between sunset and sunrise. Officer is obligated to make a reasonable effort to determine whether any such dogs are hunting dogs separated from a pack, or has wandered from owner's control. If such a determination is made, officer shall not destroy the dog unless it is pursuing, wounding or attacking a human or livestock or poultry. No breed restrictions. Vicious dog returned to owner must be confined in a locked enclosure at least 7 feet high or in a locked kennel run with a secure top. Dog may leave enclosure only to visit the vet or be turned in to an animal shelter. Dog is to be muzzled if it leaves the enclosure. |
| Louisiana | La. C.C. Art. 2321; La. R.S. §§3:2731; 3:2652; 3:2771 | Owner, harborer, possessor of any dog that kills, harasses or wounds livestock is liable to the owner of livestock for damages sustained. Owner strictly liable for damages or injuries to person/property caused by the dog which the owner could have prevented and which did not result from the person's provocation of the dog. Parishes and municipalities may enact ordinances for regulating dogs running at large, regulating or prohibiting vicious or dangerous dogs, or limiting the enforcement of such ordinances. |
| Maine | 7 M.R.S.A. §§3907; 3948; 3952-A; 3961 | Dangerous dog means a dog or wolf hybrid that causes (1) serious injury to a human or domestic animal lawfully on the dog's owner's property at the time of the injury, (2) a reasonable person not on the dog's owner's property and acting in a nonaggressive manner to fear imminent injury to that person or their domesticated animal, or (3) injury to a human or domesticated animal who is not trespassing on the dog's owner's property that has previously been determined a nuisance dog by the court. Municipalities shall control dogs running at large. Municipalities must report all animal control related incidents to the animal welfare program by Jan. 31 for the previous calendar year. Dangerous dog owner who fails to comply with court order and dog wounds any person or wounds/kills any domestic animal the dog owner shall pay treble damages. Owner of any dog is liable to person/property that dog injures/damages. Amount may be reduced if victim was more at fault than the dog. No breed specific restrictions. Owning or keeping a dangerous dog is a civil violation. Dog must be kept in secure enclosure which is a fence or structure at least 6 feet high, enclosure must be locked, with secure top, bottom and sides to prevent dog from escaping. Owner must provide photos of dog to animal control, dog must be tattooed or micro chipped for identification. Dog allowed out to go to vet or comply with court orders; must be muzzled and on a tether no more than 3 feet long with minimum tensile strength of 300 pounds. |
| Maryland | Md. Criminal Law Code Ann. §10-619; Md. Local Government Code Ann. §13-105 | Governing body of a county may provide for compensation of livestock/poultry killed by a dog. If governing body doesn't adopt a local law, county not required to compensate someone for livestock/poultry injured or killed by a dog. Dangerous dogs means a dog that has killed or inflicted serious injury on a human or, after being determined a potentially dangerous dog, the dog bites someone, kills or inflicts injury on a domestic animal when the dog is not on its owner's property, or attacked without provocation. No breed specifications. Dangerous dog must be confined indoors, in a securely enclosed and locked pen, or in another structure to restrain the dog if the dog is unattended on its owners real property. Owner may not allow a dangerous dog to leave the property unless the dog is leashed and muzzled. If selling/giving away the dog, owner must give notice of dangerous status. |
| Massachusetts | M.G.L.A. 140 §155; 140 §159 | Owner/keeper of dog is liable for damage/injury to a person or property unless the person was committing a trespass or other tort, or was teasing, tormenting or abusing such dog. If victim is under 7 years old it is assumed he was not committing tort or harassing dog unless proven otherwise. If a dog has previously been determined a dangerous dog, and the dog wounds a person or worries, wounds or kills livestock or fowl, the owner if the dog is liable for triple damages. No breed restrictions. City/town can enact bylaws and ordinances relative to the regulation of dogs. |
| Michigan | M.C.L.S. §§91.1ff; 287.262; 287.321; 287.351 | Owner is liable if dog bites person without provocation while person is on public property or lawfully on private property. Owner liable for any injuries regardless of the former viciousness of the dog or owner's knowledge of such viciousness. Dangerous animal means a dog or other animal that bites, attacks, or causes serious injury to another dog while on the first dog's owner's property. Does not include an animal who bites or attacks someone trespassing on the owner's property or an animal that bites or attacks a person who is tormenting the same animal. A city or council may pass ordinances relating to the licensing and control of dogs. Dogs must be licensed and wear a collar unless engaged in lawful hunting with its owner. |
| Minnesota | Minn. Stat. §§347.14; 347.22; 347.50–347.53 | Owner liable if dog, without provocation, attacks or injures person who is acting peaceably where person may lawfully be. A dangerous dog means any dog that, without provocation and on public or private property, inflicted bodily harm on a human; killed a domestic animal without provocation while off the owner's property, or aggressively bites a human or domestic animal after being deemed potentially dangerous. Any statutory or home rule charter city, or any county may regulate dangerous and potentially dangerous dogs. Dangerous dog must be registered, with a tag identifying the dog as dangerous on the collar at all times. Owner must have proper enclosure on premises for dog and posting that there is a dangerous dog on premises. Owner needs a minimum $300,000 surety bond and dog must be microchipped. Dog must be muzzled and on a chain or leash if off the owner's property. Anyone may seize an unlicensed dog found running at large. A dog running at large without a license attached to the collar is presumptive evidence of being unlicensed. |
| Mississippi | Miss. Code Ann. §21-19-9; 41-53-11 | No dangerous dog restrictions; dogs at large without tags may be caught by any sheriff or peace officer. Office must keep such a dog for five days and notify the sheriff of the county where the dog was caught that he has the dog and shall also describe the dog. If an owner proves ownership of such a dog, owner must pay 50 cents before dog will be returned to owner. Governing authorities of municipalities have power to regulate animals running at large. Municipalities may cooperate with one another to regulate animals running at large. |
| Missouri | R.S.Mo. §§79.400; 273.020; 273.030; 273.100 | No dangerous dog restrictions. Owner of dog that kills or maims sheep or other domestic animals is liable to the owner of such animal, and the dog must be put down. Dogs or other domestic animals or fowls running at large may be impounded. City must post notice of where all impounded dogs may be found. Owner of impounded dogs may pay redemption fee of $5 for return of dog. Dogs discovered in the act of wounding or chasing sheep may be killed, unless dog is in any enclosure belonging to the owner. |
| Montana | MCA 7-23-102; 27-1-715; 81-7-402 | Owner liable for damages if dog without provocation bites any person while person is in public place or lawfully on or in private place, including dog owner's property. The former viciousness of the dog or owner's knowledge of same does not change liability. Dog found running at large with no valid tag may be seized and impounded by law enforcement. Owner liable for actual value of livestock or poultry killed or injured by owners dog. Not knowing the dog's whereabouts before or at the time of the attack is not a defense; neither is not knowing the dog's disposition to injure livestock. |
| Nebraska | R.R.S. Neb. §§17-526; 54-601; 54-607; 54-615; 54-618; 54-619; 54-624 | Any governing board of any county, city or village can establish laws, ordinances, or license taxes concerning dogs or other animals, so long as such ordinance complies with regulations concerning service animals. Such rules must be at least as stringent as those in R.R.S. Neb. §§ 54-617 to 54-623.01. Any dog running at large may be impounded; owner to pay reasonable costs of violating this provision. Owner liable for any and all damages that result from dog biting a person other than a trespasser or for dog killing, wounding, worrying any person or sheep or other domestic animal. Owner of a dog running at large for 10 days to be fined no more than $25. No breed restrictions. Dangerous dogs (see §54-617(3)) to be spayed/neutered and microchipped within 30 days of declaration as a dangerous dog. Dog not allowed off property without a chain or leash. Can be transported to vet only. Dog must be confined when on property unattended. Indoors or in a securely enclosed and locked pen with secure sides and a secure top. Structure must be 10 feet from property. Warnings signs at least 10×12" must be posted, with letters at least three inches high. |
| Nevada | N.R.S. §§202.500; 503.636; 575.020 | Misdemeanor if Owner owns/keeps "vicious dog" for 7+ days after receiving such notice or transfers ownership of a vicious dog after receiving such notice. Owner guilty of a Class D felony if substantial bodily harm results from a dog known to be vicious. Dog's owner is liable to owner of livestock injured by dog for said injuries. "Livestock" means animals in the bovine (cow), caprine (goat), equine (horse), ovine (sheep), and porcine (pig) families as well as domesticated fowl and rabbits. Dog may not be found dangerous or vicious solely because of its breed or based on a defensive act against someone who was committing a crime or provoking the dog. Effective 1/1/2022, no insurer may refuse to issue, cancel, refuse to renew, or increase a premium/rate for a policy based solely on the specific breed or mixed-breeds of a dog harbored or owned on an applicable property. Insurers may not ask about the breed(s) of a dog harbored or owned on a property except to ask if the dog is known to be or has been declared dangerous or vicious under NRS §202.500. |
| New Hampshire | N.H. Rev. Stat. §§466:19; 466.28; 466.29; 466:31; 466.33 | Owner liable to owner of property including sheep, livestock, domestic animals for injuries caused by dog. Not liable if person was committing trespass/tort. Parent/guardian liable if dog's owner is a minor. Dog may be killed if it sudden assaults a person who is walking outside its owner's enclosure or if the dog is found wounding or killing sheep, lambs, fowl, or other domestic animals. |
| New Jersey | N.J.S.A. 4:19-16; 4:19-22; 4:19-23; 40:48-1 | Owner liable if dog bites person when person is in public place, or lawfully on a private place, including dog owner's property. Liable for damages regardless of former viciousness of dog or owner's knowledge of viciousness. Dog may be declared vicious if court finds, by clear and convincing evidence, that the dog killed or caused serious bodily injury to a person. No declaration of viciousness if dog was provoked; municipality bears burden of showing dog wasn't provoked. |
| New Mexico | N.M.S.A. §§77-1A-5; 77-1A-6;77-1A-2 | Violation of handling provisions results in criminal charges ranging from misdemeanor to third degree felony; prosecution requires both that the owner knew of the dog's dangerous propensities, and that the dog had been previously found by a court to be a dangerous or potentially dangerous dog. Owner liable to owner of any livestock killed/injured by dog. Unlawful to keep dog after it has killed livestock. No breed restrictions. In order for potentially dangerous dog to be registered owner of dangerous dog must be able to keep dog under control at all times, have enclosure for dog, dog must have license, rabies vaccination, dog be spayed/neutered, microchipped, dog has been entered into socialization and behavior program approved by animal control authority, and owner has paid the annual registration fee, if applicable, established by animal control. For dangerous dog to be registered owner must have written permission of property owner/homeowners association if applicable, dog will be kept on premises except for medical treatment/examination, when removed from property dog will be caged or muzzled and restrained with a lead no longer than 4 feet; dog will not be transported in a vehicle from which he could escape or gain access to people/animals outside the vehicle; warning sign is posted on premises where dog is kept. Fee must be paid for both types of registrations. |
| New York | N.Y. Agric. & Mkts. Law §§108; 121 to 123-b N.Y. Envtl. Conserv. Law §11-0923 | Owner who through act or omission negligently allows dog to bite person/animal causing injury is subject to civil penalty. If dog has previously been identified as dangerous owner is guilty of misdemeanor and must pay medical and other expenses to injured party. Municipality may issue order for confinement of all dogs in municipality from sunset to one hour after sunrise. Dangerous dog must be restrained when in public by adult over 21; muzzled to prevent biting but not to interfere with dogs vision/respiration; owner must maintain $100,000 liability policy. Judge can order death of dog if the dog attacked without provocation and resulted in serious injury or death of person; caused serious injury/death to companion/farm/domestic animal and in past 2 years has caused unjustified injury/death to a companion/farm animal. Dog is not dangerous if person was committing crime or offense upon owner/custodian of dog, injured person was tormenting, assaulting or threatening dog or offspring; farm/companion/domestic animal was attacking dog or offspring. |
| North Carolina | N.C. Gen Stat. Ann. §§67-4.1 to 67-4.5; 67-12 | Owner of dangerous dog that attacks person and causes physical injuries requiring medical treatment in excess of $100 is guilty of a class 1 misdemeanor. Owner strictly liable in civil damages for any injuries/property damage the dog inflicts on a person, property, other animal. Owners may not allow dogs 6 months old or older to run at large at night. City or county can adopt/enforce its own program for control of dangerous dogs. No mention of breed restrictions. Unattended dangerous dog must be confined when on property either indoors or in a securely enclosed and locked pen; dog must be leashed and muzzled before leaving property. |
| North Dakota | NDCC §§40-05-01; 42-03-01; 42-01-08 | Municipalities have power to restrict animals running at large. Dog considered a public nuisance when dog habitually bothers a person traveling peaceably on the public road or street. Owner will be ordered to prevent dog from being a nuisance. Individual may maintain an action for a public nuisance if it is specially injurious to that person or person's property, but not otherwise. Dangerous dogs not specifically addressed. |
| Ohio | O.R.C. §§955.11; 955.22; 995.221; 995.26; 955.28 | Owner of dog is liable in damages for injury, death, or loss to person or property caused by the dog unless the person was committing a criminal trespass or was tormenting, teasing, or abusing the dog or its owners property. Board of county commissioners may adopt resolutions to control dogs in unincorporated areas of the county that don't conflict with the O.R.C. A dog who has bitten a person from the county where the bite occurred may not be removed until the mandatory quarantine period is complete. While a dangerous dog is on the owner's premises, it shall be securely confined in a locked pen with a top or a locked and fenced yard or other locked enclosure with a top. When such a dog is off the owner's premises, the dog must be kept on a chain-link leash/tether no more than six feet long, and the owner must do one of the following: (1) keep the dog in a locked pen with a top or a locked and fenced yard or other locked enclosure with a top; (2) have the leash/tether controlled by a person of suitable age and discretion or affixed to the ground or other stationary object so the dog is adequately restrained; or (3) muzzle the dog. |
| Oklahoma | 4 Okl. St. §§42.1; 43 to 46 | Unlawful for owner of dangerous dog to permit the dog to be outside a proper enclosure unless dog is muzzled and restrained by a substantial chain/lease and is under physical restraint of someone over the age of 16. The muzzle shall not injure the dog or interfere with vision or breathing. Dangerous dogs must be registered. Premises must be posted with visible warning sign of dangerous dog on property, owner must have liability policy with at least $50,000 for injuries inflicted by the dangerous dog. Owner is liable for full amount of damages inflicted by dog when dog without provocation bit or injured someone where that person has a lawful right to be. |
| Oregon | O.R.S. §§609.035; 609.060; 609.090; 609.095; 609.098; 609.140; 609.990 | Owner of dangerous dog may be ordered to pay restitution to injured person or for property damaged by the dog. Governing body of county has authority to adopt an ordinance to prohibit dogs from running at large. Law enforcement/animal control may impound a dog if the dog is found running at large, is a public nuisance, or if officer has probable cause to believe the dog is dangerous. Any dog that, while off owner's premises or under owner's control, kills/injures any livestock not belonging to the dog's owner is a public nuisance and may be killed immediately by any person. Owner of livestock which has been injured/killed by any dog has a cause of action against the owner for the damages resulting therefrom, including double the value of any livestock killed and double the amount of any damage to the livestock. |
| Pennsylvania | 3 Pa. Stat. Ann. §§459-301; 459-304; 459-305; 459-502-A; 459-503-A; 7 Pa. Code §27.12 | Dangerous dogs must be registered. Dog shall be kept confined in proper enclosure or when off property of owner for veterinary care dog is muzzled and on a leash. Leash must be no longer than 3 feet and have a minimum tensile strength of 300 pounds. Visible warning sign must be on premises where dangerous dog lives. Surety bond for $50,000 is required payable to anyone injured by the dog, liability insurance of at least $50,000 is also required for injuries inflicted by the dangerous dog. Dangerous dog tag is to be worn on dog's collar at all times. Owner of female dog may not allow the dog off the premises, unless she is confined/under control, while the dog is in heat. |
| Rhode Island | R.I. Gen. Laws §§4-13.1-2 to 4; 13.1-7; 13.1-16 | Vicious dogs must be confined in a locked enclosure. Dog can be outside of dwelling/enclosure only when necessary to seek veterinary care or to comply with dog officer. Dog must be spayed or neutered unless a licensed veterinarian states in writing that the procedure would threaten the dog's life. Dog shall be muzzled and restrained with a leash/chain with a minimum tensile strength of 300 pounds and no more than 3 feet in length. Dog must be in direct control of owner/keeper of the dog. Owner of dog is liable to injured party for all damages sustained. Breed-specific legislation is prohibited. |
| South Carolina | S.C. Code Ann. §§47-3-50; 47-3-110; 47-3-710 to 730 | Dangerous animal not to go unconfined on premises. Animal must be securely indoors or in a securely enclosed fence or enclosed and locked pen. The enclosure must be clearly marked as containing a dangerous animal and must be designed to prevent children/general public entry or escape of the animal. Dangerous dog not permitted outside the premises of its owner unless properly and safely restrained. Owner of dog which attacks/injures a domestic animal is guilty of a misdemeanor and may be fined no more than $200 or jailed no more than 30 days. If dog attacks/injures person fine $5000 and jail no more than 3 years. While person in public/private place lawfully and is attacked by dog, owner is liable for damages suffered by victim. Owner of dog is not liable if dog was provoked to attack. Dogs not dangerous solely because of species/breed. |
| South Dakota | S.D. Codified Laws §§40-34-2; 40-34-13 to 16 | Owner of dog that chases, worries, injures, or kills poultry or domestic animal is liable for damages to the owner of the any such poultry/animal. Owning a vicious dog is a public nuisance. Dog not to be declared vicious if injured person was committing willful trespass on dog's owner's property, or was tormenting/provoking the dog, or was committing/attempting to commit a crime. Breed-specific ordinances are prohibited. |
| Tennessee | T.C.A. §44-8-413 | Owner of dog has duty to keep dog under reasonable control at all times. Breach of this makes owner subject to civil liability for damages suffered by person injured by dog. Liability applies regardless of owner's knowledge of any dangerous propensities of the dog. Liability does not apply if dog in enclosure, protecting owner or other innocent person from attack, injured party was trespassing or harassing, abusing, or tormenting dog. |
| Texas | Tex. Health & Safety Code Ann. §§822.007; 822.012; 822.031; 822.041; 822.042; 822.047 | County or municipality may place additional restrictions on dangerous dogs if the requirements are not specific to one or several breeds of dogs and are more stringent than restrictions provided by this chapter. Dangerous dog must be registered with animal control, restrained at all times on a leash in the immediate control of a person or in a secure enclosure; owner must obtain liability insurance for at least $100,000 to cover damages from an attack by the dangerous dog; owner must comply with all municipal or county regulations/requirements/restrictions. |
| Utah | U.C.A. §18-1-1 | Owner strictly liable for injuries/damage caused by dog, whether the dog is vicious/mischievous or whether the owner knows it. Owner not liable if injury/death was to another animal while that animal was on the owner's property without the owner's consent and the owner's dog was reasonably secured in an enclosure. |
| Vermont | 20 V.S.A. §§3546; 3549 | Municipality has the power to regulate domestic pets/wolf-hybrids including leashing, muzzling, restraint, impoundment, destruction, or running at large. If dog is found to have bitten the victim without provocation, the municipal officials may order muzzling, chaining, confining, or destruction of the animal. |
| Virginia | 2 VAC 5-620-70; Va. Code Ann. §§3.2-6540; 3.2-6540.1; 3.2-6542; 3.2-6539 | Dog are to be registered and must wear dangerous dog tag on collar. Within 30 days of dog being determined to be dangerous, owner must provide animal control officer the following information: identification that all owners are over 18; address where dog is maintained and name of residence owner; dog's name, sex, age, weight, primary & secondary breed, color & markings; 2 photos of the dog, one front and one side view head to paw; number of dog tag license; verification that dog has current rabies vaccination and has been neutered/spayed; evidence dog will be confined indoors or in proper enclosure or will be muzzled in fenced in yard until enclosure is built; visible warning signs that dangerous dog is on premises; proof dog has been tattooed or had identification chip implanted; copy of liability policy with at least $100,000 to cover damages by dog bites. Within 45 days must provide animal control with information necessary to locate owners at all times; acts that resulted in dog being declared dangerous; any other complaints against dog; lawsuits; copy of dangerous dog registration. |
| Washington | Rev. Code Wash. §§16.08.040; 16.08.060 to 090 | Owner liable to injured party for damages caused by dog, regardless of former viciousness of dog or owner's knowledge of dog's viciousness. Proof of provocation is a complete defense. Dog must be kept in proper enclosure and the premises posted with warning signs that dangerous dog is present. A surety bond is required or a liability insurance policy for at least $250,000 to pay for damages/injuries caused by the dog. Dog not to be declared dangerous if injured person was committing willful trespass or another tort on the owner's property, was tormenting/otherwise abusing the dog, or was in the process of committing a crime. |
| West Virginia | W. Va. Code, §§19-20-13; 19-20-14; 19-20-21 | Anyone keeping a vicious dog must have a license from the county assessor and the dog shall be kept securely to prevent injury from someone lawfully passing through/entering the property of the owner. Owner is liable for damages caused by any dog running at large. Owner liable if dog kills, wounds, or worries sheep, lamb, goats, swine, rabbits, other livestock if the dog is out of the enclosure of the owner of the dog. |
| Wisconsin | Wis. Stat. §§174.02; 174.042 | Owner liable for any injury/damage caused by dog. If owner is aware that the dog has previously injured a person/property, owner is liable for 2 times the amount of damages. |
| Wyoming | Wyo. Stat. §§11-31-105; 11-31-301 | Owner of dog is liable for all damages that result from dog worrying, wounding, or killing sheep or other domestic animals. |
Continue Reading for Free
Register and gain access to:
- Quality content from industry experts with over 60 years insurance experience, combined
- Customizable alerts of changes in relevant policies and trends
- Search and navigate Q&As to find answers to your specific questions
- Filter by article, discussion, analysis and more to find the exact information you’re looking for
- Continually updated to bring you the latest reports, trending topics, and coverage analysis
Already have an account? Sign In Now