Dog parks provide a space for dogs to exercise and socialize, but they also present risks, particularly in terms of potential dog bites. Determining liability for a dog bite at a dog park can be complex due to various factors, including local laws, the specific circumstances of the bite, and the behavior of the dogs and their owners. A skilled dog bite lawyer can establish the liability of the negligent dog owner and help you recover maximum damages for your injuries in a dog attack.
The Legal Framework for a Dog Bite in a Dog Park
In most dog park dog bite cases, the question of liability revolves around two primary legal doctrines: strict liability and negligence. The doctrine applied in a specific case depends largely on the state where the incident occurs and the unique facts surrounding the dog bite.
Strict Liability Laws
Many states follow a strict liability standard for dog park injuries due to dog bites. Under strict liability, the dog’s owner is responsible for the bite, regardless of whether the dog has a history of aggressive behavior. Essentially, the owner is liable if their dog bites someone, even if the bite was the first incident and they took reasonable steps to prevent it.
Exceptions to Strict Liability
While strict liability under state dog bite law is a strong standard, there are exceptions. Owners may not be held liable if:
- The victim provoked the dog.
- The victim was trespassing or engaging in illegal activities at the time of the bite.
One-Bite Rule States
In contrast, some states follow the “one-bite rule,” which only holds the owner liable if they knew or should have known that their dog had the potential to bite, usually after a previous incident. Some states adhere to variations of the one-bite rule. In these states, the dog’s past behavior and the owner’s knowledge of it play a critical role in determining liability.
Liability for Dog Attack at a Park
Most dog parks provide an environment where off-leash play is encouraged. This increases the complexity of determining liability, as both dogs and their owners interact freely in the space. Several factors play a role in liability for dog attack injuries at a local dog park:
Dog Owner’s Responsibility
Owners are generally expected to control their dogs and prevent aggressive behavior, even in off-leash areas like dog parks. Most municipalities have leash laws that do not extend to designated dog parks, but owners must still act reasonably by:
- Monitoring their dog’s behavior.
- Intervening if their dog shows signs of aggression.
- Following posted rules about dog park conduct.
If an owner neglects these responsibilities and their dog bites someone, they could be found negligent, leading to liability.
Negligence and Supervision
Negligence claims can arise when a dog owner fails to act in a reasonably safe manner. If an owner knew their dog had aggressive tendencies or failed to stop their dog from attacking, they may be liable. Courts usually examine whether the owner acted reasonably in supervising and controlling the dog before, during, and after the bite.
In cases where the dog park has specific rules such as prohibiting certain dog breeds or when dog parks require immediate removal of a dangerous dog, failure to follow these rules may strengthen a negligence claim.
Third-Party Liability: Dog Park Owners or Municipalities
Liability for dog bite-related serious injuries may not always rest solely on the dog owner. In some cases, the entity that operates the dog park—such as a city, municipality, or private owner—may share responsibility. For example:
- If the park had poor design, insufficient signage, or unsafe conditions that contributed to the bite, the operator might be liable.
- In some cases, if the park has staff who were supposed to monitor behavior and failed to intervene, the park operator could be partially responsible.
Provocation and Victim’s Role
If the person who was bitten provoked the dog—whether intentionally or accidentally—their actions may impact liability. Many states reduce or eliminate the dog owner’s liability if the victim’s behavior caused or contributed to the bite. Examples of provocation might include:
- Teasing or taunting the dog.
- Approaching a dog aggressively or suddenly.
- Intervening in a fight between your dog and other dogs.
Courts may assess the behavior of the dog bite victim to determine whether it played a role in the incident.
How State Laws Affect Dog Bite Liability
California
Under California dog bite laws, dog owners have a strict liability. California Civil Code Section 3342 states that dog owners are liable for injuries caused by their dog in most circumstances, whether the bite happens in a private or public space, such as a dog park. The victim does not need to prove that the owner knew the dog might bite.
Florida
Florida also imposes strict liability for dog bites under Florida Statutes Section 767.04, regardless of whether the owner was aware of the dog’s aggressiveness. Dog park incidents are covered by this statute, meaning owners could be liable for bites occurring in such public spaces.
Mississippi
Mississippi follows the “one-bite rule,” meaning a dog owner is generally liable for a bite if they knew or should have known the dog had dangerous tendencies. However, an owner may also be held liable if found negligent in controlling their dog, especially in public areas like parks.
Kentucky
Kentucky follows a strict liability rule for dog bites under KRS 258.235, making the owner liable for injuries caused by their dog, regardless of whether the dog had previously shown aggression. This applies in dog parks and owners must take reasonable steps to control their pets.
North Carolina
North Carolina combines strict liability and negligence rules. Owners are strictly liable if their dog is classified as “dangerous” under state law, but in other cases, the owner’s negligence in controlling the dog must be proven for liability, particularly in public spaces like dog parks.
Georgia
Georgia follows a modified one-bite rule. Under O.C.G.A. § 51-2-7, owners are liable if they knew their dog had a history of aggression or were negligent in controlling their dog. In public places like dog parks, failure to leash or supervise the dog can lead to liability.
Wisconsin
Wisconsin uses strict liability for dog bites under Wis. Stat. § 174.02. The owner is responsible for the first bite, and for subsequent bites, the owner may face double the liability. This applies in dog parks and other public spaces, requiring owners to act responsibly.
Illinois
Illinois imposes strict liability for dog bites under 510 ILCS 5/16. An owner is liable if the victim was lawfully on the property and did not provoke the dog. This statute applies in public areas like dog parks, making owners responsible even without prior incidents of aggression.
New York
New York follows a modified version of the “one-bite rule.” The relevant statute regarding liability is New York Agriculture & Markets Law § 123. Under this statute, a dog owner is strictly liable for medical expenses resulting from a dog bite, regardless of whether the dog has shown prior vicious tendencies. For additional damages, such as pain and suffering or lost wages, the owner can be held liable if it is proven that they knew or should have known about the dog’s dangerous propensities.
Defenses in Dog Park-Related Dog Bite Cases
Your dog bite attorney should be prepared to challenge the defendant’s attempts to deny or reduce their liability with defenses, such as:
- Provocation: If the victim provoked the dog, this might reduce or eliminate the owner’s liability.
- Assumption of Risk: If the victim knowingly entered an off-leash dog park where there was an inherent risk of dog bites, the owner may argue that the victim assumed the risk by entering the park.
- Trespassing: If the victim was not lawfully on the property (for example, if the dog park was closed), the owner may not be liable for the bite.
Steps to Take After a Dog Bite at a Dog Park
- Seek medical attention immediately to address the bite and document the injury.
- Identify the dog and its owner, including any witnesses who saw the bite occur.
- Report the incident to local animal control or the park’s authorities.
- Document the scene, including photos of the injury, the dog, and any relevant signs or park rules.
- Contact a lawyer with an exclusive focus on dog bites and dog attacks to pursue the damages you may be rightfully entitled to.
Get Our Experienced Dog Bite Lawyer on Your Side
If you have been bitten by a dog, our experienced dog bite attorneys at Dog Bite Laws can help you recover the highest possible compensation you may be entitled to for your injuries and losses. We have a proven track record of achieving millions of dollars in settlements for dog bite victims across the nation. Some of our stellar results include $295,000 recovered for a facial dog bite injury and $275,000 for another severe dog bite. Our team is ready to provide you with the strongest legal representation you need to fight for justice and compensation. We operate on a contingency fee basis, which means you owe us nothing until we win your case for damages. To schedule your free case review, call us 24/7 at 866 K9-BITES or 866-592-4837 or contact us online.
