Dog Law: Old And New

Dogs are domesticated animals, and the law regarding them dates back thousands of years and is embodied in Leviticus. The ideas in Leviticus regarding the responsibility of ownership from thousands of years ago continue to be reflected in our law today, but with some modifications (Alabama Code § 3-6A-1).

The law divides animals into domesticated animals and wild animals. People who choose to keep wild animals such as lions, tigers, and bears (oh no) do so at their own peril. The idea here is that they are strictly liable for injuries if the wild animal gets out of whatever enclosure it’s in. Even if we were in a cage, inside a bank, fence, and a prison, the precautions are deemed inadequate, as a matter of law, if it hurts someone.

Not so with domesticated animals like dogs. The law does not rule dogs as dangerous until proven otherwise. People will say, “Every dog gets one bite,” and to a large degree, that’s true. Once an owner of a dog knows that the dog has bitten another person without provocation, they are responsible for the injuries that dog causes. Some dogs in some states do not get one bite because the lawmakers in those states will publish a list of dogs deemed to have a propensity to bite because of the type of dog breed.

In 2018, our legislature passed a law called Emily’s Law named after a young lady killed by a pack of dogs in her yard. Emily’s Law is, in many ways, a game changer, but it only works if you know how it works. It defines a dangerous dog, regardless of its breed, that has bitten, attacked, or caused physical injury, serious bodily injury, or death to a person without justification. When a person claims that a dog is dangerous, they have to make a sworn statement (there’s a proper form that one has to follow here) to a city magistrate or sheriff that sets forth the name of the dog owner, the location of where the dog is kept, and why they think the dog is dangerous. The city magistrate or sheriff will then deliver that statement to the animal control officer, who shall complete a “dangerous dog investigation.”

If the investigation leads the animal control officer to believe that the allegation is true, all kinds of things begin to happen that will take that dog out of general circulation. This doesn’t necessarily mean that the dog’s owner would have to have it euthanized; there are provisions for the owner to choose to keep the dog, but only in a kennel that meets state certifications.

If you or a loved one has suffered serious dog bite injuries, contact dog bite attorneys at McCutcheon & Hamner. Our lawyers can review your claim at no cost and advise you of your rights and options for obtaining compensation from the dog’s owner.

Buckle up, drive safely, and as always, your referrals are appreciated! 256-764-0112


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