When you’ve gone through the trauma and anguish of a dog bite, determining who is at fault is required to receive any compensation. As most states (Oklahoma included) have specific laws governing dog bite liability, understanding it is critical to know if you or a loved one has a viable case.
In this guide, we’ll be examining the finer details of liability regarding dog bites. There are some exceptions to Oklahoma’s strict liability dog bite statute, so we make it a point to examine those below.
And, as always, if you have any questions about Oklahoma’s dog bite laws, call our Oklahoma City dog bite attorneys at (405) 397-1717.
Oklahoma’s Strict Liability Dog Bite Statute
According to 4 OK Stat § 42.1, Oklahoma has a strict liability statute, also known anecdotally as a “first bite” statute. Essentially, this means that it does not matter that the defendant knew their dog was potentially dangerous; this statute is always enforced, even after the first bite.
Dog owners are overwhelmingly liable for their dog biting a victim if the following conditions are met:
- The defendant owned the dog at the time of the bite.
- The victim performed no behaviors or actions to provoke the dog into biting them.
- The dog bit the victim.
- The victim had a right to be on the property at the time of the bite.
If the above elements are present in a dog bite case, the dog’s owner will be held liable for the dog biting the victim. Again, it does not matter if the owner knows the dog is dangerous to others, which favors the victim in dog bite cases.
“Rural” Exception to Strict Liability
However, there is an exception to the strict liability standard set by 4 OK Stat § 42.1. Under 4 O.S. § 42.3, there is an exception of strict liability in areas without “city or village United States mail delivery service.”
Despite this, the elements of common law negligence (which govern other premises liability cases) will apply to the dog bite case.
Common Law Negligence Principles
Common law negligence principles govern premises liability cases, among other Oklahoma City personal injury cases. There are four key elements in common law negligence:
- The defendant owed the plaintiff a duty of care.
- That duty of care was breached.
- The breach yielded injuries.
- The injuries caused damages.
The key difference between this and strict liability is that for duty of care to be established, the owner has to have known about the dog’s dangerous tendencies. Whereas strict liability, the owner’s knowledge does not play a role.
Potential Defendants and Liability
Additional individuals could be held liable for a dog bite besides the dog owner. Those individuals include:
- Landlords: For the most part, landlords are only liable if they knew the dog was dangerous on their premises.
- Spouses: Even if the dog is the property of the other partner, a married spouse could be determined as liable if the parties live together.
- Businesses/Employers: If a dog with known dangerous tendencies was kept by a private entity, that entity could be held liable.
If you have any dog bite questions for our team at Warhawk give us a call at (405) 397-1717 or book your appointment online.