Maine Dog Bite Laws

Maine’s dog bite statute, Me. Rev. Stat. § 3961, imposes strict liability upon dog owners. This means that dog bite victims can hold owners strictly liable for injuries caused by their dog, regardless of whether or not the owner knew that their dog could be dangerous. There are limited exceptions under which the owner will not be held liable, including situations where the victim was provoking the dog or was trespassing at the time of the bite. Importantly, the strict liability statute does not apply to situations where the victim was on the owner’s property. In such a case, the victim would have to establish a negligence claim in order to recover damages. To establish a negligence claim against the owner, the victim must 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. In any case, a victim’s recovery may be reduced based upon the degree to which their own negligence contributed to their injuries. Even if they were  partially to blame for the dog bite, they can still recover as long as their fault does not exceed the fault of the owner.