Wyoming Dog Bite Lawyer
Wyoming has not enacted a dog bite statute. However, the Wyoming Supreme Court has ruled (in Barnes v. real Gannon v. Voss) that courts apply one of three theories of liability to dog bite cases. First, strict liability applies to allow victims to recover damages against the owner if the owner knew or should have known their dog had a propensity to bite. Evidence that the dog has previously attacked a person is not required; the owner must only have some knowledge that the dog could pose a danger to others. Second, victims can pursue a claim based on negligence, regardless of the owner’s knowledge of the dog’s dangerous propensities. A negligence claim requires the victim to prove that the owner owed them a duty (here, a duty to exercise reasonable care in controlling the dog), the owner breached that duty, and their injuries were proximately caused by this breach. Third, victims can recover from dog owners by asserting a “negligence per se” claim. A negligence per se claim can be established simply by proving that the owner violated a statute or regulation; in this context, the law that would be violated would likely be a local leash ordinance. Proof of any of the aforementioned theories of liability can entitle the victim to damages for things such as medical bills, lost wages, and more.