A Guide to Alabama Laws on Dog Bites
A state with no one single dog bite statute has several specific dog bite laws. These laws reflect an evolution of the statutes beyond a "one bite" law to address catastrophic injuries by restricting certain breeds and implementing restraint requirements.
It is essential to be familiar with all of the dog bite laws in your state as a dog owner, as you can be held liable if your dog is responsible for causing injury or death, regardless of provocation or whether or not you took any measures to train, restrain, or care for your dog.
It remains important for anyone who has suffered injury due to a dog bite, as knowing the law will allow you to avoid mistakes that can jeopardize your injury claim.
The Alabama dog bite laws will be summarized below within the context of dog owner liability, premises liability, liability for attacks on trespassers, liability for children’s injuries, liability for certain breeds, and liability for dog-related injuries.
The State of Alabama no longer has a "one bite" (your dog is entitled to one free bite) law. It is no longer necessary for the victim to prove that the owner had knowledge of the dog’s dangerous propensities, so long as reasonable proof of the dog’s perilous propensities were known or should have been known by the owner. That is, dog ownership is absolute liability , and the dog’s owner is liable for injuries even when proven that the injured party was trespassing. Still, to be enforceable, the required signage that must be put in place, must be in the correct location. For example, a recent case illustrated that proper posting of notice is paramount under the law, making it possible to establish liability to individuals who are injured while on the dog owner’s property.
In 2018, the Alabama dog bite law shifted the burden of proof to the defendant to show that the plaintiff was more than negligent and more than 50% at fault for the accident. That is, the law now requires that the plaintiff is more than 51% negligent before award of damages may be limited or barred entirely.
The new law defines ‘dangerous dog’ in several ways:
By defining ‘dangerous dog’ and ‘vicious dog’, the law imposes substantial restrictions upon dogs generally thought to be dangerous. For example, the statute requires all dogs classified as ‘dangerous’ or ‘vicious’ to be either restrained on a leash or chain no longer than six feet long and to be on the owner’s property, or contained indoors or in a fenced area not less than 6 feet high when the owner is not present outside. A violation of these requirements is a Class B misdemeanor with a fine of $1,000.
Laws on Liability for Owners of Dogs in Alabama
There are two basic sets of liability rules in Alabama for dog owners. The first is a strict liability rule, and the second is a negligence rule.
Strict Liability
The strict liability dog bite statute is found at § 3-6-1. Alabama adopted some version of the common law "one bite" rule in 1971. So if you don’t fall under one of the narrow exceptions to the rule, you need to get ready to try and work around the "one bite" rule, or invoke one of the exceptions.
Negligence
Alabama also has a general rule of negligent supervision that can come into play. If the owner acted negligently in letting their dog run loose or by not training or restraining their dog, then this rule can come into play.
Rights of Victims under Alabama Laws
Victims have recourse in the event of a dog bite. In addition to obtaining compensation through homeowners’ policies, dog owners are subject to other dog bite liability statutes under Alabama law. Alabama law applies a two-part liability standard for dog bites. First, the "strict liability" statutes, codified at §§ 3-6-1 and 3-6-2 of the Alabama Code, impose "absolute liability" even if there is no other liability on the part of the dog owner. Essentially, an owner is strictly liable for his or her dog if the dog bites someone as long as certain requirements are met. Second, the statutes impose liability on the owner if the owner’s dog has caused a "violation of any statute or ordinance . . .pertaining to the ownership or confinement of dogs" and that violation was the "proximate cause" of the plaintiff’s injuries. Alabama Code § 3-6-1 imposes liability on an owner if: The two statutes form the general framework of dog bite liability in Alabama. Although plaintiffs do have to show that these statutes apply, when strict liability is applicable, the resulting judgment will be on top of any insurance recovery from homeowner’s insurance. Also, if applicable, it is useful for plaintiffs to plead and prove violation of a city or county ordinance concerning dog behavior that is causally connected to the injuries suffered by the plaintiff strictly or negligently based upon a violation of one of the statutes above. Under the statutes, punitive damages, compensatory damages, and the cost of future medical treatment can all be recovered by plaintiffs injured in dog bites. These statutes have been held to be used by both circuit and municipal courts to provide an alternative cause of action to ordinary negligence actions involving dog bites or attacks or other, more offensive, dog behavior. It is noteworthy that recovery under the statutes is not limited to actual bites by the dog. Rather, general violations of animal control ordinances can presumably support liability under the statutes.
Alabama Legal Defenses for Dog Bite Incidents
Just as there are various legal avenues for recovering compensation for dog bite injuries, there are just as many ways that defendants may have to defend such claims. The most common include provocation or trespassing.
Provocation: Defendant dog owner may claim that the victim ignored the dog’s warnings that they were getting too close. For example, there may be evidence the dog growled or bared its teeth before the biting incident. However, it’s important to note a dog growl does not constitute a threat of danger if there is no human present to interpret the growl as such and it carries no legal weight. In the absence of a human witness, it’s possible the dog was being provoked by an animal rather than a person, and thus barking/growling at something people can’t see. With that said, provocation generally refers to the act of teasing, scaring, kicking or attempting to hurt the dog in some way. Still, even if it can be shown the dog was provoked, it will not absolve the owner of all liability. Viable liability may still rest with the owner if it can be shown the dog was known to bite. According to Alabama Code Section 3-6-1(a), the law requires evidence to show 1) that the dog had "previously bitten a person without provocation" or 2) that the owner knew that the dog "had dangerous propensities and that the injuries resulted from the owner’s negligence in keeping the dog."
Trespassing: Particularly in "attractive nuisance" litigation – an exception to the former "one bite" rule that effectively says even where a dog has no history of dangerous propensities, if the owner hasn’t taken reasonable care to prevent injury to those who might come onto the property, the owner may be held liable for injuries – the defense of trespassing is commonly raised. For example, if the landowner keeps the dog fenced in but the fence broke down, a plaintiff may be accused of having merely entered the property in order to interact with a visible dog, whose space he or she had no intention of leaving until after being bitten. This may be true, but it does not mean the defendant will necessarily be let off the hook. A person who regularly walks past a property without complaint or provocation, but out of sight of the owner, may have a case for attractive nuisance if the defendant knew that the fence was down and didn’t bother to fix it. That knowledge is what makes attractive nuisance litigation a significant risk for landowners who keep a dangerous dog on their property.
Even after a dog bite incident, the real work is just beginning. A dog bite attorney can help advocate on your behalf.
What You Should Do If You Are A Dog Bite Victim
Your first step should be to seek medical attention. If you or your child is in immediate danger of serious injury, call 911. If not, go directly to the nearest ER, walk-in-clinic, or urgent care center. Prompt medical attention also is important for other reasons: Prompt medical attention. If you have an obviously dangerous dog on your hands, do not try to contain or confine it-that can frustrate your chances of getting the dog’s owner to pay for your losses, and can even lead to another victim . Call Animal Control or your local sheriff’s office. They will arrange to have the dog captured and evaluated for rabies. Once you are stabilized and your injuries have been handled, get the names and contact info for any witnesses, whether they were friends, family, Total Care, or even strangers who observed the dog attack. Photographs of the scene are helpful, too. Your Birmingham dog bite attorneys will follow up on these leads later.
How to Avoid Being the Victim of a Dog Bite
When it comes to preventing dog bites, perhaps the most important facts for dog owners and potential victims to know are common sense in their nature, yet routinely overlooked.
Proper training and socialization of dogs are imperative to responsible canine ownership. Socialization with other dogs and people, especially small children, can go a long way towards preventing unintentional, yet no less devastating accidents. Furthermore, the vast majority of dog bite incidents are found to occur almost exclusively as a result of owners’ failure to properly restrain (i.e. leash laws) and control (i.e. aggressive behavior) their dogs.
For victims, an awareness of the proper ways to approach a dog can often mean the difference between a harmless nip and a potentially life-threatening attack. But above all else, the most effective way to prevent dog bite injuries is to teach small children how to treat dogs with respect and caution. Children are especially vulnerable to dog attacks and are often devastated — both physically and emotionally — by the experience. The key for parents is to teach children that just because a dog "seems" friendly, doesn’t mean it’s "okay" to pet it. If a dog approaches a child, teach them to resist the urge to run away, which immediately triggers the predator-prey instinct. Instead, look and avoid eye contact and back away slowly without turning their back on the dog.
Getting Help for Alabama Dog Bite Cases
If you or a loved one has been a victim of a dog bite, it’s crucial to seek the guidance of an experienced dog bite attorney in Alabama. Navigating the legal process can be complex and overwhelming, especially for those who are dealing with physical and emotional trauma from the incident. A qualified attorney will possess the knowledge and skills necessary to understand your case and seek the appropriate compensation for your injuries. One of the primary roles of an attorney is to interpret Alabama dog bite laws. They will know how to apply these laws to support your case and build a strong argument for compensation in your favor. Additionally, a legal expert will know how to interact with the insurance companies to protect your rights. Insurance companies often try to minimize their payouts, but with the help of an attorney, you can ensure that you receive the full compensation you deserve. In Alabama, the statute of limitations for filing a dog bite lawsuit is generally two years from the date of the injury. Working with an attorney can help make the process more manageable, as they will be responsible for meeting all the required deadlines, including filing all the necessary documentation to initiate a claim. With a large caseload, many people find it challenging to balance these responsibilities with daily life, but an attorney will be able to handle all of this on your behalf. Having a professional on your side will also ensure that you do not take any action that may negatively affect your case. For example, if the dog has bitten you before, the dog’s owner may have had no issue with the dog and may even claim that you had caused the animal to bite through your actions and behavior. By having a dog bite lawyer work for you, they will ensure that no statement you make ever harms your case. They will represent you in interviews and depositions, leaving you free to concentrate on your physical and mental recovery without undue stress.
Conclusion
In this article, we have taken a closer look at the dog bite laws in Alabama. For our purposes, we covered the two types of laws and how they apply to a dog bite injury – the strict and the modified comparative negligence laws (also known as the "one-bite" or the "two-bite" laws). We also examined what constitutes negligence and how the Alabama dog bite laws can determine both the liability of the owner of the dog and the victims’ eligibility for compensation .
As we established, a victim can be compensated only if the dog was vicious, that is, the owner had reason to suspect and know that his/her dog could be dangerous. Otherwise, damages may be limited or even nonexistent.
It is important that dog owners know their rights and responsibilities, as well as their local laws regarding dog bites. Equally, it is essential that people (and children) who are bitten by a dog seek medical treatment and consult with an attorney who specializes in dog bite cases.