Dog laws vary from state to state. In some states if a person is bitten by a dog the owner is always considered liable with no questions asked. The injured person does not need to prove that the owner was negligent or even partly responsible, they simply are.

In other states dog laws are a little more complex. The injured party may need to show that the owner should have been aware of potential danger from the dog. This can sometimes be as simple as identifying the animals breed. In some states certain breeds are considered ‘dangerous’ and therefore the owner should be aware of that potential. Knowing that a dog has bitten before is another common way to identify knowledge of danger. When neither of these is the case a person bitten by a dog may be able to gather other evidence. Have complaints been received about the dog’s aggression, is the dog known in the neighborhood as being dangerous or aggressive?

In many states if the owner can show that could not have foreseen the incident, then they are not responsible. Where leash laws apply (and they do in many states) and a dog is off- leash when a bite occurs the owner will be deemed to be negligent.

Additional Legal Site: Attorney Michael Lowe. Serving throughout the Dallas, TX area.