The 2001 mauling and subsequent tragic death of Diane
Whipple is one of the most noted examples of a legal case involving an attack by a dog. In that case the dog's owners – both lawyers – were found guilty of involuntary manslaughter when their brutal Presa Canario dog killed their 33-year old neighbor. But, every day there are incidents involving dog bites. What are your legal rights, obligations and liabilities if your dog bites someone? Most of the time, a dog's owner is responsible for any damage or harm caused by the dog. While the
laws do vary from state to state, most laws hold an owner liable whether or not the owner was in any way negligent or whether the dog has bitten before or not. These laws apply when a dog attacks a person, but may also be applied when a dog bites another dog. The law holds a dog owner responsible for restraining a dog such that it will not injure a person or other animal. There are some exceptions to the liability, however. If the person who was bitten was trespassing on the dog
owner's private property or involved in committing a crime at the time of the bite, the owner is generally not liable for any damage caused by the dog's attack. Another exception is if the dog was provoked into attack. While this can be a gray area, the courts will generally hold an owner free of responsibility for a bite if the victim attacked or even teased the dog. Service dogs, such as those assisting the police are generally exempted from the laws dealing with owner liability in the
event of an attack. If a dog owner is found liable in the event of a bite, the owner may be responsible for paying for the victim's medical treatment including therapy to deal with trauma from the attack, loss of earnings caused by missing work as a result of the attack and any property damaged by the dog in the course of the attack. In addition, some communities have criminal statutes that are used to penalize vicious dog owners. If the courts determine the dog is dangerous, it may be
destroyed as well. But what about the "one bite rule?" Traditionally, many local statutes allowed a dog a first bite before holding the owner liable. The reasoning was that the owner did not know that the dog was dangerous until after the first attack. However, most legislation has now discarded that policy and holds an owner liable from the first gnashing of the teeth. Prevention is the best way to deal with dog bites. Provide proper training and socialization for
dogs and keep dogs contained behind fences or in homes. Keep vaccinations up to date and get regular medical checkups and care for your dog. Restrain dogs on leashes when they are walked. Often dogs bite friends and family members when they are visiting the dog's owner at home. First, never leave young children or babies alone with dogs; they may inadvertently provoke an attack. In addition to making sure visitors know the rules of approaching the dog and discourage roughhousing and
aggressive play. Supervise play with the dog since you know the signs your dog is getting unhappy or aggressive better than anyone. It is also important to have a homeowner's insurance policy. In the event there is an attack, insurance can help cover the costs of medical care or other expenses caused by the dog. Puppy and Dog Training Resource | 
