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How Dog Owners Can Avoid Being Bitten By A Lawsuit

If you’ve got a dog, take some simple steps to prevent injuries – and legal headaches

The numbers are up, and it’s not good news: Dogs bite 4.7 million people every year.

The explanations are nearly as numerous as the pet dogs, now counted at more than 62 million. Some speculate that Americans, frightened of crime, are favoring fiercer breeds. And busy owners too often leave their pets home alone, untrained and unsocialized. If dogs spend a lot of time by themselves (especially if they’re tied up), aren’t used to being around strangers and haven’t received basic obedience training, they are prime candidates to bite.

Who’s Liable?

Those injured usually have the law on their side. In the old days, the law gave dog owners what was called “one free bite.” Put simply, an owner wasn’t liable for injuries unless the dog had already shown it was likely to hurt someone. The dog didn’t have to have bitten someone – for example, if your dog lunged at the neighbor, teeth bared, you were considered to be on notice that the dog might bite.

But most states now make owners liable for any harm their dog causes, whether or not the owner had reason to suspect that the dog was dangerous. Dog owners can find themselves on the hook for an injured person’s medical expenses and lost wages or even the therapy bills of a traumatized child. The dog owner may not be liable if the dog was provoked, or if the injured person was trespassing, but claims like these are often very hard to prove after the fact.

It’s far better, of course, to avoid injuries rather than fight about legal liability after they happen. And the truth is that dog owners could prevent most bites.

Teach Your Dog

It’s your job, as an owner, to train and socialize your dog. Humane societies everywhere offer low-cost basic obedience classes, which are a good way to teach your dog to behave around other dogs and people. And plenty of good tips are available in books such as How to Be Your Dog’s Best Friend and The Art of Raising a Puppy, by the Monks of New Skete.

It’s also up to you, as a responsible pet owner, to spay or neuter your dog. It will cut down not only on the number of unwanted dogs but also on injuries to people. Unsterilized dogs are three times more likely to bite, according to the Humane Society of the United States. Sterilization will also make it easier to keep your dog from straying.

Other Steps To Avoid Dog Bites And Lawsuits

Keep your dog chained, fenced or leashed. In most states, allowing a dog to roam at large is per se negligence. If your dog “escapes” you are still liable for failing to control your pet.

Warn people. A “Beware of Dog” sign does not absolve you of liability, but it alerts visitors that you have a dog on the premises who is not friendly to strangers. Some people will avoid coming on your property, sparing both of you from the risks.

Minimize the risks. Many people have a legitimate purpose to come to your door, such as postal carriers, delivery personnel, meter readers or simply neighbors. An invisible fence doesn’t protect visitors once they come on the property. Make sure that a shock collar, leash or chain keeps your dog well away from the walkway and the door.

Stay up-to-date on shots. State law requires dogs to be vaccinated for rabies. If your animal bites someone, and you do not have proof of current vaccination, the victim will likely have to undergo painful rabies treatment as a precaution, and you will be on the hook for their medical expenses and suffering.

Watch your dog around children. Almost half of all reported dog bites are to children under 12 years old. Young children, who may unknowingly provoke a dog, are especially likely to be bitten, even by dogs they’re familiar with, and they are more likely to suffer serious injuries to their face or hands. Never leave a dog alone with a toddler or infant. Make sure the gate to your yard is child-proof.

Teach Your Children

Children are much more likely to be bitten than are adults, and boys are more likely to be bitten than girls. In large part, these injuries occur because the children have never been taught how to behave around dogs. All kids should know these basic rules:

  • Don’t pet a dog without letting the dog sniff you first.
  • Never disturb a dog that’s eating, sleeping or caring for puppies.
  • Don’t run from a dog.
  • Try not to make eye contact with a dog; it can be threatening to a dog.

Finally, don’t assume that familiarity breeds safety. Many children are bitten by dogs they are familiar with, on the dog’s home turf. Children may take more chances with a dog they know, and a dog is more protective in its own home.