While we all think of dogs as man’s best friend, it’s a sad fact that there may come a time when a dog bites you or a loved one. Tragically, it’s an all-too-common occurrence across the United States, with over 4.5 million dog bites reported annually, according to the American Veterinary Medical Association (AMVA).
In this guide, we’ll be examining not just Oklahoma’s dog bite statutes but also some of the logistical concerns impacting dog bite cases. So, whether you’re curious about Oklahoma’s dog bite laws or are the victim of a dog bite, we hope this article can inform and guide you.
After reading, if you have questions, call the team at Warhawk Legal today at (405) 397-1717. Our Oklahoma City dog bite lawyer makes it our mission to give you the answers you seek. We are always here for you, answering your questions in your time of need.
Oklahoma’s Dog Bite Statutes
In Oklahoma, dog bites are governed by 4 OK Stat § 42.1 (2023). This statute states, “the owner or owners of any dog shall be liable for damages to the full amount of any damages sustained when his dog, without provocation, bites or injures any person while such person is in or on a place where he has a lawful right to be.”
Like many states, Oklahoma is considered a strict liability state for dog bites.
Understanding Strict Liability
Strict liability is a legal doctrine that holds a party responsible for their actions without the need to prove fault, negligence, or intent. This means that even if the party took all possible precautions and acted without negligence, they can still be held liable if their dog bites someone or their actions cause harm.
One domain in which there is an exception from this strict liability statute is when an individual is a trespasser and is bitten by a dog.
Trespasser Exceptions
If an individual is a trespasser (meaning they are on someone’s property without the knowledge or consent of the property owner or manager) and is not legally considered a child, strict liability doctrines do not apply.
As dictated by 76 OK Stat § 80 (2023), “A possessor of land, including an owner, lessee, or other occupant, has no duty to make its premises safe for a trespasser and is not subject to liability for any injury to a trespasser.”
Comparative Negligence
Additionally, Oklahoma abides by a modified comparative negligence statute for dog bite cases. That means victims can have their damages reduced by the percentage they were at fault for their injuries. This usually caps at over 50% at fault, wherein the victim loses their ability to make a claim.
Reporting Requirements
All dog bites must be reported to local animal control. This helps maintain health and public safety and gives governing bodies transparency for reporting purposes.
Statute of Limitations for Dog Bites in Oklahoma
In Oklahoma, the statute of limitations in dog bite cases is two years from the incident date, according to 76 OK Stat § 5.5 (2023). That may sound like a long time, but that time passes quickly after a dog bite.
If you have any questions, contact our team of Oklahoma City injury lawyers at Warhawk Legal at (405) 397-1717 – and we’d be happy to help you with your case.