"Beware of Dog" Warning Signs and Dog Owner Liability
by
Lee Steinberg on Nov. 13, 2013
Accident & Injury Animal Bite Accident & Injury Personal Injury
Summary: Find out what effects a dog owner's warning sign will have on the outcome of a dog bite lawsuit.
The liability of a dog owner in a dog bite personal injury case is often misunderstood. Some people seem to believe that if they place a warning sign somewhere on the property, they are excused from lawsuits if the dog bites another person. The laws vary from state to state on a dog owner’s liability when bites occur. It is advisable for the dog owner to incorporate the sign to attempt to protect himself or herself from the legal ramifications of a dog bite. However, the outcome of a personal injury case will depend on several factors:
The Basics of Dog Bite Liability
Most states operate under the rule that a dog owner is responsible for any acts his or her dog commits. A pet owner is supposed to develop a firm understanding of the pet’s personality. This person is supposed to spend enough time with the pet to realize if it is a danger to society. He or she is also obligated to train the animal not to hurt people. Additionally, a seasoned dog owner will make sure that the pet is always leashed when no one is tending to it. Most dog bite accidents occur because an aggressive dog is left to roam free in the area. However, some accidents occur when people approach the property. If the owner has a sign placed where visitors can see it, that person is notifying visitors of a dog's existence, but not necessarily warning the person of a danger.
Black and White Strict Owner Liability
In some states, the courts will hold owners liable if their dogs bite another person. They will also hold these people responsible if the dogs intimidate another person, and the intimidation results in an accident. For example, if a dog approaches a person on a ladder, and that person falls off the ladder from fear, the dog owner would be responsible for the victim’s personal injury. In this type of case, the victim is not responsible for proving that the dog owner did anything inappropriate. The only things the victim must prove are his or her injury, that the owner of the dog is the defendant in the case, that he or she did nothing to provoke the animal, and that he or she was not trespassing. The fact that the dog owner may have displayed a sign will have no bearing on this type of case.
One Bite Liability
Some states are more lenient than others when it comes to dog bite personal injury cases. The victim in this type of case has to prove that the dog owner had reason to believe the dog was dangerous before the courts will grant compensatory damages. Proving that the owner knew the dog was dangerous might be challenging. Some criteria that quality a person for a personal injury case are previous dog bites, history of scaring people, aggressive barking history, or jumping on people who approach. If the dog has displayed any such actions at least once before the bite, the courts may assume that the owner knew of the dog’s danger. A warning sign may help in this type of case, but the plaintiff would still have more than a 50 percent chance of winning.
Conclusion
A warning sign only notifies visitors that a dog is present on the property. Some dog owners can use the defense in court, especially if the victim was not supposed to be on the property. However, people such as mail delivery persons, parcel delivery persons and certain salespeople would be likely to win a personal injury case despite the presence of a warning sign.
The Basics of Dog Bite Liability
Most states operate under the rule that a dog owner is responsible for any acts his or her dog commits. A pet owner is supposed to develop a firm understanding of the pet’s personality. This person is supposed to spend enough time with the pet to realize if it is a danger to society. He or she is also obligated to train the animal not to hurt people. Additionally, a seasoned dog owner will make sure that the pet is always leashed when no one is tending to it. Most dog bite accidents occur because an aggressive dog is left to roam free in the area. However, some accidents occur when people approach the property. If the owner has a sign placed where visitors can see it, that person is notifying visitors of a dog's existence, but not necessarily warning the person of a danger.
Black and White Strict Owner Liability
In some states, the courts will hold owners liable if their dogs bite another person. They will also hold these people responsible if the dogs intimidate another person, and the intimidation results in an accident. For example, if a dog approaches a person on a ladder, and that person falls off the ladder from fear, the dog owner would be responsible for the victim’s personal injury. In this type of case, the victim is not responsible for proving that the dog owner did anything inappropriate. The only things the victim must prove are his or her injury, that the owner of the dog is the defendant in the case, that he or she did nothing to provoke the animal, and that he or she was not trespassing. The fact that the dog owner may have displayed a sign will have no bearing on this type of case.
One Bite Liability
Some states are more lenient than others when it comes to dog bite personal injury cases. The victim in this type of case has to prove that the dog owner had reason to believe the dog was dangerous before the courts will grant compensatory damages. Proving that the owner knew the dog was dangerous might be challenging. Some criteria that quality a person for a personal injury case are previous dog bites, history of scaring people, aggressive barking history, or jumping on people who approach. If the dog has displayed any such actions at least once before the bite, the courts may assume that the owner knew of the dog’s danger. A warning sign may help in this type of case, but the plaintiff would still have more than a 50 percent chance of winning.
Conclusion
A warning sign only notifies visitors that a dog is present on the property. Some dog owners can use the defense in court, especially if the victim was not supposed to be on the property. However, people such as mail delivery persons, parcel delivery persons and certain salespeople would be likely to win a personal injury case despite the presence of a warning sign.