The essentials
- Owning a pet comes with serious responsibility — Legally, you are responsible for your pet’s behavior and, as such, have to provide a duty of care to anyone your pet comes into contact with.
- Even the best pet can make a mistake — No matter how well-trained a dog is, they can harm another person or piece of property.
- Pet liability insurance matters — This can potentially cover any medical expenses and legal fees or replace damaged property in the case of an event, but be aware that there may be breed restrictions.
When people bring a new pet into their family, most plan for the new addition’s basic responsibilities. However, pet ownership is about more than just providing for their well-being. Every time your pet comes into contact with someone else, another animal, or property, you are responsible for any damage they cause. While many pets are often well-behaved, even the most docile of animals can be unpredictable.
Legal responsibilities of pet owners
In modern-day society, 51% of pet owners see their pets as family members and themselves as ‘pet parents.’ However, in the eyes of the law, the majority of animals are still considered property. The laws in place put pet owners in an interesting spot—they are treated both as parents, liable for how they care for their pet, and as owners, liable for what their pet does. To avoid getting yourself and your pet into trouble, it’s important to familiarize yourself with local, state, and federal regulations that dictate how you and your pet interact, both with each other and with your community.
Your pet’s wellbeing (can change heading)
Several laws outline what your responsibilities are to your pet. These animal protection laws are at the local, state, and federal level—such as the Animal Welfare Act —and can be enacted and enforced at any or all of these levels. Being a pet owner means being a pet advocate. Following baseline animal care and protection is one of the single most important things you can do for your pet.
These laws include leash laws (which vary by location) and licensure/registration that locales require for every dog over a certain age. There are also hot car laws to ensure your pet isn’t left in a vehicle in extreme weather, how often to vaccinate them against rabies, banning the retail sale of pets, and how long shelters must hold stray animals before they can be adopted or euthanized.
Property damage
While insurance won’t cover the cost of damage that your pet does to your own property, some liability insurance policies will help cover the damage your pet does to someone else’s property. If your new puppy chews through the wall in your apartment, your renter’s insurance will likely cover this. If that same puppy knocks over and breaks your TV, that wouldn’t be covered. Keep in mind that if you use your homeowner or renter liability insurance to cover claims, your policy’s cost will increase when you renew, so the best protection is prevention.
If you rent, some landlords will require that you have a comprehensive liability insurance policy that would cover this or specific animal liability insurance, so make sure to read the fine print of your lease!
Pets and car accidents
While it can be difficult to determine who is at fault when a wild animal causes a car crash, an accident caused by a loose dog typically means that the owner is at fault. This also means that the owner is liable for any injuries to the passengers or damage to the vehicles involved. Most cities have laws that make having your dog off-leash in public areas illegal, escalating the legal implications should your dog’s joy run causes a car crash.
This same holds true when a car accident is caused by distracted driving due to an unrestrained pet. While there currently aren’t any federal laws that dictate how pets should be restrained in the car, different states have a broad range of regulations for how pets need to be transported.
For example, Pennsylvania currently doesn’t have any laws regulating how a pet is restrained, while Rhode Island requires pets to be transported in a crate, carrier, or harnessed — and lists a fine of up to $200 if broken. Many states, however, have laws in place that count having a pet in your lap as ‘distracted driving’, resulting in a range of punishments if caught.
Considering your pet is likely the last thing you’ll do when purchasing a car or liability insurance, but even the best pet parents can have accidents or make mistakes. Insurance that covers your pet is one of those things you don’t think you’ll need until you do, and taking the time to talk to your insurance representative about how your pet is covered can save you a lot of money and stress in the long run.
Dog-bite laws by state
The most common category people think of when it comes to liability and pets is dog bites. Despite this, most pet owners don’t realize that even the nicest animal can bite when put into the right situation, making it vital to be aware of the implications of pet ownership. This is especially true of premises liability, which notes the legal responsibility of a landowner/homeowner in the case of a known hazard on their property that causes someone else harm, and local ordinances that may impact how you care for and interact with your pet.
As a pet owner, you must know your state and local laws regarding dog bites. Often, these laws are similar from state to state, but specific statutes can make an incredible difference in how a case is handled. As laws can change, ensure you’re staying up to date on statutes.
Consider investing in animal liability insurance. This type of insurance like that from XInsurance can cover pets of any species, breed, and temperament in the event damages or injuries they cause.
If you’re concerned about the liability of your individual dog — maybe they have a history of hopping the fence and roaming the neighborhood, have a bite history, or are labeled as an ‘aggressive breed’ — consult with an attorney to determine if you should invest in specific insurance plans and how to best protect you and your pup.
Strict liability dog bite statutes
Strict liability means that a person can be held liable for damages regardless of their intention. In the case of dog ownership, that means that if your dog bites someone, no matter the reason or provocation, you can be held responsible.
Some states have exceptions to this type of strict liability, including:
- If the dog is a law enforcement professional (K-9).
- The injured party trespassed (often states will note the trespasser must be over 18).
- The injured party instigated the attack.
What is the one-bite rule?
There are 4.5 million dog bites every year, and states nationwide have laws to handle these situations. The three primary means of identifying liability in the case of a dog bite include:
- Strict liability. As mentioned above, strict liability is a blanket responsibility for your pet’s actions.
- Negligence. This type of liability focuses on whether an owner didn’t take the proper precautions to decrease the likelihood of an attack.
But perhaps the most famous is that of the one-bite rule:
- The one-bite rule. This applies if an owner knew or should have known that their dog might be harmful or dangerous.
The one-bite rule doesn’t require that a dog has attacked someone or been aggressive in the past. It states that if an owner knows that their dog has exhibited signs of aggression or circumstances suggesting that it could attack someone or another animal, then the owner should have known to keep the dog away from others. As such, the owner would be held responsible for any situation where their dog bites another person or animal.
Other factors that influence a dog-bite case
Several factors are at play when a dog bite occurs, all of which can change the outcome of a legal case in the judicial system. Most times, dog bite cases aren’t cut and dry, and legal teams consider many different scenarios when proceeding.
Was the injured party trespassing?
There are two types of trespassing: civil and criminal. Civil trespassing occurs very frequently and is when a citizen accidentally trespasses. These include situations like:
- Physical intrusion. Accidentally walking into someone else’s property during a recreational activity like hiking or running.
- Nuisance animals. If your livestock or pets stray onto a neighbor’s property.
- Airspace intrusion. This applies to drones, kites, toys, or other aircraft flying over someone’s property without permission.
On the other hand, criminal trespass occurs when someone knowingly enters a private property or restricted area. Any of the above types of civil trespassing could easily become criminal if the individual knew that they were doing those things on private property.
In either case, a property owner usually isn’t legally responsible if their pet bites or attacks the trespasser, regardless of whether they meant to trespass or not. But, as with any law, what qualifies as trespassing can be complicated and vary by state, so staying on top of laws is necessary.
How old was the injured party?
Children can sometimes accidentally trigger a dog, leading to a bite. The victim’s age in a dog bite case isn’t always considered, but some states, like Ohio and New York, state that children under the age of three aren’t responsible in any capacity for a dog attack because they can’t provoke a dog. On the other hand, courts in Florida and Arizona have found that a child’s age doesn’t matter when determining if provocation occurred.
How severe was the bite?
The more severe the bite, the greater the chance a dog owner would be liable for damages. Cost of medical care, recovery time, and any permanent damage done determine the severity. Similarly, how the bite affects one’s livelihood — how much time they have to take off work/lost wages — is usually considered, as well as the emotional suffering caused by the bite. Bite severity is usually ranked by using the Dunbar Bite Scale.
Did a bite even occur?
Any insurance claim or lawsuit will require the individual to prove that they’ve been bitten and have caused actual harm. A dog snarling, snapping, or barking doesn’t qualify as biting, and unless an actual bite occurs, the owner will likely not face any liability.
Was the injured party acting careless or reckless?
Comparative negligence is when the courts find that the person injured by a dog and the dog owner are both partly to blame for a bite incident. Most states have their own rules on what qualifies as comparative negligence, and as such, compensatory damages can vary state by state.
Was it a provoked attack?
Dogs are animals and they have a drive to protect themselves and their people. Across the country, different states break down what qualifies as provocation but some examples of what could set a dog off are: hitting or kicking the dog, attacking the dog owner, approaching the dog while they’re eating, teasing the dog, or cornering the dog.
Did they know the risk of injury?
If an individual agrees to watch someone’s dog or ignores “Beware of Dog” signs, the pet owner may not be responsible for any bite or attack that occurs. This often applies to animal professionals such as groomers, veterinarians, pet sitters, etc., because the risk of a dog bite is a part of the job. It’s important to note that this is not a blanket rule. Some courts have allowed lawsuits to occur in these cases, upholding strict liability statutes.
Protect yourself and your pet at home by posting signage and putting up security cameras inside and outdoors.
Was the injured party breaking the law?
Some states, like Maryland and Iowa, have laws that state that if a dog bite occurs while the injured party is committing a crime, then any dog bite statute doesn’t apply.
Pet ownership is more than fun and games of fetch. It’s a serious responsibility that you have to your pet, and to the community at large. As such, always ensure you take proper precautions with your pet and understand the legal ramifications of pet ownership.
Frequently asked questions
What are the liabilities of a pet owner?
If your pet causes damage or injuries to other people, animals, or property, you can be held liable.
What is irresponsible pet ownership?
Being a good pet parent requires work beyond play and belly rubs. An irresponsible pet owner may forgo getting their animals licensed, trained, vaccinated, spayed/neutered, thus endangering their dog’s life and others in the community.
Do courts assume certain breeds are more dangerous than others?
Unfortunately, yes. Specific breed legislation defines certain breeds as more dangerous than others. These breeds are often American Pit Bull Terriers, Bull Terriers, Rottweilers, Wolf-dogs, and German Whepherds. Though experts like the American Society for Prevention of Cruelty to Animals (ASPCA) and the Center for Disease Control and Prevention (CDC) have found such measures to be based on inaccurate data, breed-specific legislation can be found in dozens of states from Washington to Maryland.
Will a dog be euthanized if they bite someone?
A dog biting someone won’t be an automatic cause for euthanasia. Courts will determine the appropriate course of action based on if the dog has a history of this aggressive behavior or biting, the severity of the bite/attack, and the likelihood of recurrence.
