Pedestrians walking or running through an urban neighborhood are likely to cause a lot of dogs to bark, especially if they regularly pass certain homes at specific times. This reaction is just part of the hobby and is something people shouldn't worry about. 

Unfortunately, some dogs may make the situation dangerous by biting or attacking pedestrians as they pass a home. In these situations, the injured victim needs to understand dog bite liability, including how these laws vary throughout the country. Read this blog to learn more about dog bite liability and contact a personal injury lawyer to see if you’re entitled to compensation for your injuries. 

Dogs Usually Bite for a Reason 

While dog bites that require medical care occur every day across the country, few dogs will bite without provocation of some type, even if the reason seems strange to humans or if no one intended to provoke the dog. For example, the American Veterinary Medical Foundation states that dogs may bite if they feel threatened or upset by something.

A pedestrian walking or running past a dog’s yard could, in theory, trigger a defensiveness that may cause a dog to attack, even if the person didn’t interact with the dog or mean to cause it any distress. In fact, dog training expert Cesar Millan states that pedestrians walking or running by a dog's house day after day may create a cycle of excitement, or in other words, the dog may come to expect and anticipate the person every day, which makes the dog even more excited when the person comes.

This cycle can eventually overwhelm a dog and cause an attack. Though this instinctive reaction isn’t necessarily the dog’s fault, the law does consider it to be a problem that should be solved by the dog’s owner, not a passersby like a pedestrian.

Generally, the law doesn’t consider a person who is merely walking or running by a home to be provoking a dog to bite. Therefore, the dog owner is usually liable in these situations because they did not take steps to prevent this occurrence and control their dog’s behavior.

Dog Owners Owe Pedestrians Reasonable Care

All dog owners owe individuals in a neighborhood — and all passerby — reasonable care and protection from their dog. For example, dog owners with breeds known to bite or with high prey drives need to either chain up their dog when left outside or put up sturdy fences that prevent an attack.

Dog owners must also warn pedestrians if the dog has shown aggressive traits in the past. In many cases, a simple Beware of Dog sign will serve as a proper warning method so that people passing by know not to approach the dog.

If the dog owner knew that the dog is provoked by pedestrians and did nothing to prevent the occurrence, they would most likely be liable for the person’s injuries. In the vast majority of cases, dog owners are considered responsible for their dogs’ behavior. However, some exceptions exist.

For example, if the dog owner takes all of these actions and does their best to keep their dog away from passersby, and the dog still attacks someone, the court may decide that the owner was not liable for the incident because they did everything they could. Additionally, if a pedestrian intentionally provokes a dog or approaches a dog despite a sign telling them not to, the court may find them at fault for the incident instead of the dog’s owner.

These exceptions are rare. If you’ve been bitten by a dog while jogging, contact an attorney to know if they could apply to your case.

Dog Owner Liability Varies by State Law 

Laws for dog owner negligence dictate when the owner — or the injured individual — is liable for the dog attack. These laws vary heavily on a state-by-state basis. For example, Alabama laws state that a dog owner is responsible for all dog attacks on their property unless the injured individual provokes the dog. By contrast, Colorado holds the owner liable only if serious bodily injury occurs. 

In spite of these differences, most states will hold the dog’s owner liable for injuries that occur to a pedestrian. Legally, walking or running past an individual's home is not considered provocation, unless the person interacts with a calm dog and gets them to attack. Just as importantly, the dog’s owner likely failed to provide reasonable care by not properly restraining their dog in their yard. 

Dog Bite Cases Require Professional Help 

If you or someone you love suffered a dog bite while walking or jogging, please make sure to call us right away at Clearfield & Associates. Our legal experts can help you better understand your case and provide you with the assistance you need to establish strict liability with the dog owner. Get in touch today to set up your consultation.