ABA Family Legal Guide

Personal Injury

Strict Liability

Our neighbors have a vicious watchdog. We are scared to death that the dog will bite one of our children, who often wander into the neighbor's yard. What can we do?

The situation you describe is a common one and, as in the example above, is precisely the reason a number of municipalities regulate dog ownership, especially of vicious dogs, through ordinances. A great deal would depend on the ordinance that applies where you live. Unless your neighbor posts adequate warnings, he may be strictly liable for injuries caused by a vicious watchdog. (And even if he does post warnings, they may not be sufficient if a child is injured, since children may not be able to read or fully comprehend what they can read.) Even if the dog never bit before, such liability is imposed because of the mere fact that the breed of dog is known to be vicious--or has certain dangerous traits.