When Should I Sue Someone for a Dog Bite?
What the law says in Alabama
on July 6, 2021
Updated on April 8, 2022
When proper safety precautions are not taken, dogs have the potential to be dangerous. According to data cited by the Canine Journal, approximately 800,000 people seek professional medical care for dog bite injuries each year. In Alabama, a dog owner may be legally liable for injuries caused by their animal.
Alabama Dog Bite Laws: Multiple Theories of Liability
Following a dog attack, injury victims need the emergency room and immediate medical attention. Dog bites have the potential to become infected without proper care. From there, your family should pursue compensation against the responsible party. Alabama’s dog bite laws are notoriously complex. There are multiple theories of liability under which you could file a dog bite injury claim against the pet owner. How exactly you should pursue a claim depends on the specific circumstances of the case.
In Alabama, dog bite victims also have the right to pursue a negligence claim under the state’s common law. This type of claim is also sometimes referred to as a ‘one-bite-rule’ claim.
“Common law negligence boils down to: They have to have knowledge and notice of the dog's propensity to endanger the safety of others. Essentially, if the dog has bitten somebody before, then the owner is on notice,” Messervy says.
You can hold a dog owner legally liable for injuries through a common law negligence claim if that dog owner knew or should have known that their animal was dangerous. If the dog previously bit or displayed extreme aggression against another person, that is good cause to pursue a negligence claim. In these, an injury victim can file a personal injury lawsuit for financial compensation for the full extent of their losses, includingmedical treatment along with pain and suffering.
Additionally, Alabama has labeled some dogs as inherently dangerous—such as pit bulls—and the owner is expected to have already been on notice. “But you can also look at veterinarian records for the dog during discovery,” Messervy says. “I had a case with a German shepherd where they gave it doggy Xanax every time they came in, just to calm him down. A lot of people also have dogs professionally trained since they were puppies to be guard dogs. All those things can satisfy that notice requirement to the owners that the dog could have dangerous propensity.”
Under Alabama law, a dog owner is strictly liable for injuries caused by their animal that occur on property that they owned or controlled. Additionally, the dog owner can also be held liable under this dog bite statute if their animal gets loose and injures someone in the immediate vicinity of their property. However, there are some caveats to this statute. First, a dog bite victim can only pursue financial compensation for actual economic damages through this type of claim. Further, a dog bite victim will be denied compensation under the statute if they were trespassing on the owner's property at the time of the attack or if they provoked the dog.
Negligence can also be attributed when an owner violates a city or county statute, Messervy adds. “Most cities have leash laws, so if the dog was off-leash when it bit someone, it's evidence of negligence,” he says. “I've had a case where the dog escaped the fence and attacked a lady's dog. She was injured in trying to separate them. We were able to connect it to their failure to properly restrain their dog and keep it from escaping.”
Filing a Lawsuit
While these dog bitelawsuits are filed against owners, it may be easier to think of them as being against their homeowner’s insurance policy or renter’s insurance—especially in the all-too-common cases in which a friend or family member is involved, Messervy says. To hold a dog owner (or other property owner) legally liable for injuries caused by a dog bite attack, you should be prepared to present a strong case, because the insurance company will be prepared to do the same.
“I think these are important cases hire lawyers on. I know that's probably rich coming from a lawyer, but they are so fact-specific, and you want to tailor the narrative from the very beginning,” Messervy says. “It’s especially true when you're trying to prove disfigurement, which is not something that insurance companies like paying for because it's not a medical bill.”
Experienced Alabama animal bite attorneys or a personal injury lawyer commonly takes these cases on contingency, meaning they only get paid if you win or settle the case. In that event, they commonly take one-third of the reward, or 40% if it goes to trial, which is rare. Take legal action, most law firms and Alabama personal injury attorneys offer a free consultation where you can get legal advice about your dog bite incident.
For more information on this area, see our animal bites law overview.