Lola went to visit her neighbor, Angela. Lola was a little afraid of Angela's dog because she had heard that the dog attacked another neighbor. Lola figured, however, that Angela would keep the dog outside during their visit. Immediately after Lola entered Angela's house, Angela's dog bit Lola on the ankle. Certainly, the injury was not life-threatening, but Lola required some medical treatment. Is Angela liable for the injuries that her dog inflicted?

The Law

There are two different bases on which a dog owner may be liable for injuries inflicted by a dog. First, a dog owner may be liable if a law provides for liability. For example, some states have laws that hold a dog owner liable for any injuries inflicted by a dog. Other states have laws which impose liability on a dog owner in the event the dog owner knew or should have known that the dog was likely to cause the type of injury at issue. These laws are often referred to as "one-bite" rules. The laws vary widely from state to state, and the law of a particular state should be consulted for further details. Secondly, a dog owner may be liable in the event he or she was negligent in controlling the dog.

Defenses

In certain circumstances, a dog owner may be able to defend against an injured person's claims. Defenses may be available to a dog owner in the following circumstances:

• the injured person was acting in furtherance of an illegal pursuit at the time of the injury (for example, a burglar);
  
• the injured person provoked the dog immediately prior to the injury;
  
• the injured person acted in a careless manner; or
  
• the injured person was trespassing.

Insurance Coverage

In the event a dog owner is found liable, homeowner's insurance may cover all or part of the loss. Whether or not a loss is covered by a policy of insurance depends on the extent of coverage that is set forth in the insurance policy itself.

Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.