In Alabama, liability for a dog bite depends on several factors, such as where it occurred, whether the dog was a dangerous dog under state law, and whether anyone violated state or local laws. Dog owners, property owners, and certain other parties may all face liability for a dog bite in Alabama.
Injured people have several ways to pursue compensation after a bite or attack, but the rules may vary depending on the facts of the case. Some claims involve Alabama’s strict liability statute, while others rely on the state’s one-bite rule or negligence claims. An experienced dog bite lawyer at Gartlan Injury Law can help you understand Alabama’s dog bite laws and identify who could be liable for the dog bite injuries in your case.
What Is the One-Bite Rule in Alabama?
Alabama law follows a version of the one-bite rule in many dog bite cases. Under this rule, a dog owner may be liable if they knew or should have known that the dog had dangerous tendencies before the attack occurred. Evidence that may support a one-bite rule claim can include:
- A history of bites or attacks
- Aggressive behavior toward people or animals
- Complaints from neighbors
- Attempts by the owner to restrain the dog because of aggression
- Warning signs about the dog
If the owner knew the dog could be dangerous and failed to take reasonable precautions, you may have grounds for a dog bite lawsuit based on negligence.
Alabama also has a dog bite statute that applies in certain situations. A dog owner can face strict liability when the bite happens on the owner’s property or when the dog pursues someone from the property and causes injuries. Under strict liability, you don’t necessarily have to prove the owner knew the dog was dangerous.
The location of the dog attack often makes a big difference. A bite that happens inside the owner’s yard may be treated differently from an attack that occurs in a public place.
Are There Any Exceptions to Liability in an Alabama Dog Bite Case?
Not every dog bite automatically results in liability. Alabama law recognizes several exceptions that may limit or prevent recovery:
- The victim was teasing, tormenting, or provoking the dog – A dog owner may have a defense if the injured person provoked the dog before the attack. Hitting, teasing, tormenting, or intentionally frightening a dog can affect whether the owner is legally responsible. Courts may also consider whether the injured person ignored warnings about the dog or behaved recklessly around the animal. Alabama’s dog bite statute generally protects owners from liability if the injured person provoked the dog.
- The victim was trespassing on the property – Alabama’s strict liability dog bite law generally applies when the injured person was legally on the property. Guests, delivery drivers, mail carriers, and invited visitors often qualify as lawful visitors. A trespasser may have a more difficult time recovering compensation after a dog attack. However, trespassing does not automatically prevent every type of legal claim. Some cases may still involve negligence or other legal theories, depending on the circumstances.
What Are the Grounds for a Dog Bite Lawsuit in Alabama?
Several legal theories may support a dog bite claim in Alabama. The facts of the attack often determine which claims apply. Consider the following possible scenarios:
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The Dog is Classified as a Dangerous Dog
A dog that has shown aggressive behavior in the past may be designated as dangerous under Alabama law or local ordinances. If a dangerous dog owner ignored prior warnings or failed to follow restrictions placed on the animal, that may strengthen your case.
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The Dog Was Not Under Control or Contained
Dog owners have a duty to use reasonable care to prevent their animals from harming others. A dog that escapes through a broken fence or unsecured enclosure may support a negligence claim. Examples of negligent conduct may include:
- Allowing a dog to roam freely
- Failing to repair damaged fencing
- Leaving doors or gates open
- Allowing an aggressive dog around guests without precautions or warnings
A property owner or landlord could also be liable if they knew about a dangerous dog on the property and failed to address the risk.
Alabama does not have one statewide leash law that applies everywhere, but local governments often enforce leash and animal control ordinances. Violating a local leash law may support a negligence per se claim. Negligence per se applies when someone violates a safety law designed to protect the public and that violation contributes to injuries.
For example, if a dog owner allowed a dog to roam freely in violation of a city ordinance and the dog attacked someone, the violation of the ordinance may help establish liability.
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The Dog Bit Someone Who Was Legally on the Property
Alabama’s strict liability statute may apply when a dog bites someone who is lawfully on the owner’s property. People who may qualify as lawful visitors include:
- Mail carriers
- Delivery drivers
- Utility workers
- Invited guests
- Neighbors visiting the property
In these situations, the injured person generally does not have to prove the owner knew the dog had dangerous tendencies before the attack. Instead, they must show that they were lawfully on the property, that the dog attacked them, and that they suffered injuries as a result.
What Types of Damages Could Be Available in an Alabama Dog Bite Case?
In Alabama, a dog bite lawsuit may allow you to recover compensation for both economic and non-economic losses. Depending on the circumstances, damages for dog bite injuries may include compensation for:
- Emergency medical treatment
- Hospital and medical bills
- Surgery and reconstructive procedures
- Physical therapy
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent scarring or disfigurement
Children often suffer particularly severe emotional trauma after a dog attack. Facial injuries, nerve damage, and infections can also lead to long-term complications.
In rare cases, punitive damages may be available if there is clear and convincing evidence that the dog’s owner’s actions were particularly reckless, malicious, and intentional. Unlike economic and non-economic damages, punitive damages are intended to punish the at-fault party and deter similar conduct in the future.
Is There a Deadline for Filing a Dog Bite Lawsuit in Alabama?
Alabama’s statute of limitations generally gives injured people two years to file a personal injury lawsuit. Missing the filing deadline can prevent you from recovering compensation through the courts.
How Can an Alabama Dog Bite Lawyer Help Me With My Case?
An experienced dog bite attorney at Gartlan Injury Law can investigate the attack, identify liable parties, gather evidence, handle communications with insurance companies, and take your case to trial if necessary.
Firm founder Aaron Gartlan has deep ties to the Alabama community and a proven track record of success* when advocating for people harmed by others’ negligence. His distinctions include membership in organizations such as the National Trial Lawyers Association’s Top 100, the Million Dollar Advocates Forum®, and the Multi-Million Dollar Advocates Forum®.
Former clients have also praised our law firm’s communication and commitment throughout the legal process:
“Mr. Gartlan is an excellent attorney. He is professional and knowledgeable while caring for his clients. He and his staff made sure we were aware of all options and what they entailed. He met with us one on one on several occasions as well as kept us informed with emails and phone calls. He went out of his way to help us. We obtained the decision we had hoped for by following Mr. Gartlan’s directions. He was a pleasure to work with and if we were ever needing an attorney in the future, he would be our first choice.”
Contact an Alabama Dog Bite Lawyer
If you suffered injuries in a dog attack or have questions about dog bite liability in Alabama, an attorney can help you better understand your legal options and what compensation may be available. Gartlan Injury Law represents injured clients in Dothan and throughout Alabama. Our team believes in honest representation and aggressive trial strategies in the pursuit of full and fair compensation.
Contact Gartlan Injury Law today for a free consultation about your Alabama dog bite claim.
*Past results do not guarantee future outcomes and depend on the individual facts of each case.
