ABA Family Legal Guide

Home Ownership

Property Insurance and Other Protections

Floor Wax and Dog Attacks: Liability Issues

What about liability concerning my pets?

The law holds people responsible for the actions of their pets. Most states have so-called dog-bite statutes, holding owners legally liable for injuries inflicted by their animals. If your state has no such statute, you may still be found liable under the common-law rule that owners are legally responsible if they knew the animal was likely to cause that kind of injury. In California, a couple was convicted of criminal negligence after the pit bull they kept in their apartment attacked and killed a woman in the hall.

Many states and municipalities also have enacted vicious dog statutes, which enable an animal control officer or a judge to declare a particular dog or specific breed of dog vicious and require the owner to confine the dog securely or muzzle it in public. Some states make it illegal even to own a breed of dog that has been declared vicious. Some cities have imposed an outright ban on all pit bulls, which they consider inherently vicious. Many jurisdictions ban wild animals such as wolves, bears, and dangerous snakes from being kept as pets.

If you own a dog or another animal that might injure someone, call your local animal control office to find out the laws in your area. Know your pet's temperament and keep it out of the path of strangers. Keep vaccinations current, and post warning signs if you think your pet might injure someone. These signs should be prominent and straightforward, such as "Beware of Dog," so people are clearly informed of the danger involved. However, the signs may not absolve you from liability if a child climbs into the yard or the dog gets out.