Alabama Dog Bite Laws and Injury Claims

Alabama dog bite laws and injury claims are complicated, but here’s what matters most: If a dog bit you unprovoked and you weren’t trespassing, you could be eligible for compensation. The amount you recover depends on numerous factors, including whether the dog has a prior history of dangerous behavior. Alabama’s dog bite statutes and the fact that it is a contributory negligence state make proving liability in dog bite claims especially challenging.

Like all personal injury cases, every dog bite case is unique. Consulting a Dothan, AL dog bite lawyer is the best way to learn your legal options based on the circumstances of your case.

What Is Alabama’s One-Bite Rule?

The one-bite rule is a legal principle some states use in dog bite injury claims. Under this law, owners are generally not liable for injuries their dogs cause unless the victim can prove the animal has a history of aggressive or dangerous behavior. This means the victim must show that the dog has attacked or bitten someone before. In other words, the dog gets one “free” bite without consequence.

Alabama’s one-bite rule differs from the laws in many states. Section 3-6-1 of the Code of Alabama states that if a dog bites or injures a person who was somewhere they had a right to be, the dog’s owner is liable for it, but only if the victim was on the dog owner’s property or the dog chased the victim from the property. The one-bite rule is also codified in section 3-1-3 of the Code of Alabama 1975, and these Alabama statutes and dog bite statutes interact to determine liability.

However, Alabama law says that if the dog doesn’t have a history of vicious or dangerous behavior, the dog’s owner is only liable for the victim’s economic losses, such as lost income and medical expenses. Alabama Supreme Court decisions have established that the owner of a domestic animal is not liable for an injury caused by the animal unless it is shown that the owner had previous knowledge of the animal’s mischievous propensity. This rule aims to balance the responsibility of dog owners to protect visitors while preserving their rights and financial interests.

There’s one key exception to the one-bite rule. If the victim provoked the dog or was trespassing, then the dog’s owner is not liable for the victim’s injuries. However, Section 3-6-2 of the Alabama Code says postal workers, utility workers, and others who visit the owner’s premises can hold a dog’s owner liable for a bite if they were performing their official duties when the dog attacked. In these exceptions, prior knowledge and the presence of such a propensity are critical in determining liability.

What Is Alabama’s Principle of Strict Liability?

Strict liability is a concept that applies in some personal injury cases, including dog bite liability cases. Under strict liability, someone is held liable for the injuries caused by their dog regardless of intent or the circumstances behind the injury. Strict liability differs from negligence, where the injured party must prove that the dog owner failed to take reasonable steps to prevent the injury. This is a marked difference from cases based on negligence, which is the rule in most Alabama personal injury claims.

To win a negligence claim, the injured party must show that someone else caused their injuries by failing to take reasonable steps to prevent an accident. A common example of negligence is a driver who runs a red light and collides with another car. Drivers have a legal duty to follow traffic laws and avoid causing collisions, so running the red light was negligent.

Alabama applies the strict liability standard in dog bite cases. If a dog attacks someone who had permission to be on the property and wasn’t provoking the dog, then it doesn’t matter if the dog’s owner was negligent or not — the dog’s owner is strictly liable. However, a dog’s owner is only strictly liable for the victim’s economic losses unless the dog had previously bitten someone. If the dog has a history of aggressive behavior, then the dog’s owner is strictly liable for all the victim’s losses, including non-economic losses like pain and suffering.

Just because a dog’s owner may not be strictly liable for a victim’s non-economic losses doesn’t mean that a victim is out of luck when it comes to obtaining money for pain and suffering. Dog bite victims may be able to file a negligence claim after an attack, but they must support their claim with evidence showing the owner’s carelessness. The victim must also show that the owner’s negligence caused their injuries.

Who Is Liable in a Dog Bite Case?

Whether strict liability or negligence applies, the person who owns the dog or has control of the dog at the time the dog injures someone will be liable, especially if the incident occurs on the owner’s property, property owned by the dog owner, or immediately after the victim leaves the dog owner’s property.

Liability often depends on whether the victim was on the dog owner’s property or was chased from it, and whether the victim had a legal right to be on the property at the time of the incident. However, since many dog bite attacks occur on the owner’s property, the owner’s homeowners insurance policy usually covers the victim’s injuries.

Alabama law also allows dog owners to plead and prove in mitigation of damages that they had no knowledge of any circumstances indicating that their dog was vicious or dangerous.

Some homeowners insurance policies cover dog bites in areas near the owner’s property or on public streets or parks. However, the terms vary significantly between policies and insurance companies. If homeowners insurance doesn’t cover the injuries the dog inflicted, then the owner could be personally liable. A Dothan, AL, dog bite attorney can review your situation to see what insurance coverage may cover your injuries.

What Are the Common Types of Compensation for Dog Bite Claims in Alabama?

Compensation in Alabama dog bite injury claims falls into two major categories:

• Economic damages – Economic damages compensate a dog bite victim for direct financial losses from a dog bite. This includes medical bills, lost wages, reduced earning capacity, and other financial losses. As long as you weren’t trespassing and didn’t provoke the dog, then the dog’s owner is strictly liable for your economic losses. In some cases, Alabama law allows for punitive damages if the dog owner’s actions were particularly reckless.
• Non-economic damages – Non-economic damages are compensation for your intangible losses from a dog bite, like pain and suffering, emotional distress, and lost quality of life. A dog bite victim may recover compensation for these losses through legal claims under Alabama dog bite laws.

Do I Have a Time Limit for Filing a Dog Bite Injury Claim in Alabama?

Under Section 6-2-38 of the Alabama Code, you usually have two years from the date of an attack to file a dog bite lawsuit against the owner. However, dog bite statutes and specific laws, such as leash laws or negligence principles, may affect the time limit for filing a claim.

Certain exceptions could shorten or extend the timeline for your case, so talk to an experienced dog bite injury attorney as soon as possible to preserve your right to compensation.

Contact an Alabama Dog Bite Injury Lawyer

At Gartlan Injury Law, we understand the severe toll a dog bite can take on your life. We can defend your rights and help you recover maximum compensation for your injuries. Our firm has decades of legal experience in Alabama personal injury claims and has recovered millions of dollars for our clients.

Trust our Dothan dog bite lawyers to help you recover the money you need to rebuild your life. Call Gartlan Injury Law now or complete our contact form for a free case review.

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