ABA Family Legal Guide

Personal Injury

Strict Liability

Am I automatically liable if my dog, normally a friendly and playful pet, turns on my neighbor and bites her?

It may depend on where you live. A number of jurisdictions have enacted dog-bite statutes, which hold owners strictly liable for injuries inflicted by their animals. If there is no such law in your town, you still can be found liable under a common-law negligence claim if you knew the animal was likely to cause that kind of injury and failed to exercise due care in controlling the pet. If, on the other hand, you did not know or have any reason to suspect that your dog had such a dangerous trait, courts have said that owners generally are not liable. It is important that you contact your local animal control department to find out about any regulations in your area.