Establishing dog bite liability in Oklahoma

March 27, 2013

Establishing dog bite liability in Oklahoma

According to numbers reported by the Centers for Disease Control and Prevention (CDC), roughly one in five dog bites result in injuries so severe that medical attention is required. For instance, dog bites can easily cause lacerations, nerve damage or even disfigurement. In fact, for some of the more serious dog bite injuries, reconstructive surgery may be necessary.

Because of the potential severity of injuries, it is important for dog bite victims to know what their legal options may be following a dog related attack. For example in Oklahoma, there is a dog bite statute that generally holds dog owners strictly liable for all injuries sustained due to unprovoked dog bites.
Oklahoma dog bite statute

Under Oklahoma law, a victim of a dog bite can hold the dog owner liable for injuries if they can prove the following four factors:
-The dog did, in fact, bite and injure the victim
-The dog bit the victim without any provocation
-At the time of the dog bite, the victim was in a place he or she lawfully had a right to be
-The alleged dog owner was the actual owner of the dog

If the victim can show these four factors, the dog's owner can be held liable for injuries, regardless of whether or not the dog has ever previously shown any violent tendencies.

It is important to note that under Title 4, Section 42.3, of the Oklahoma Statutes, imposing this strict liability on dog owners does not apply when the dog bite occurs in rural areas. But, this same statute does leave open the possibility of other theories of liability in such circumstances - such as common law negligence.

For instance, there is a common law theory of negligence that is often known as the "one-bite" rule. Basically, under this theory a person can be held liable for any dog bite injury caused by a dog he or she owns so long as he or she knew that the particular dog had vicious propensities - which often occurs if the dog has previously bitten someone else, however, it can be shown in other ways as well.

Although it may appear confusing at first glance, in addition to dog bite victims in rural areas, common law negligence can also be used in conjunction with the Oklahoma dog bite statute for non-rural dog bite injures; although both theories of liability require different proof.

As this article demonstrates, it can sometimes prove difficult to navigate the nuances of dog bite laws in Oklahoma. As such, it is often a good idea to speak with an experienced dog bite injury attorney if you or a loved one has suffered harm due to a dog attack or bite.

Article provided by Joseph J. Reinke, P.C.
Visit us at www.reinkelaw.com