Dog bites can leave more than physical scars—they can shake your sense of safety and lead to emotional distress. Questions about medical bills, time off work, and whether to take legal action can add to the stress.
Understanding Oklahoma’s dog bite laws can give you clarity and peace of mind, offering a clear path to seek compensation for medical costs, lost income, and pain and suffering. An experienced dog bite injury attorney can help you navigate this process, so you don’t have to face it alone.
Oklahoma Dog Bite Law: Strict Liability
Oklahoma’s strict liability law holds dog owners accountable for bites even if the dog never showed signs of aggression before. This means you don’t have to prove the owner was negligent—if their dog bit you while you were in a place you had a right to be, the owner is responsible for your injuries.
Here’s what you need to show to hold the owner liable:
- Ownership: You must prove the defendant owned the dog that bit you.
- Lawful Presence: You were in a location where you were legally allowed to be.
- No Provocation: You didn’t tease or provoke the dog into biting.
- Injury: The bite or attack caused you physical harm.
Strict liability benefits dog bite victims because it shifts the focus away from the owner’s behavior. It doesn’t matter if the owner didn’t know their dog could be dangerous: The law prioritizes the rights of victims and makes it easier to recover compensation. However, you’ll still want to consult with an Oklahoma dog bite attorney who can help you navigate the legal process.
Exceptions to Strict Liability: Rural Areas
Under Oklahoma dog bite law, strict liability doesn’t apply in rural areas or towns without U.S. mail delivery service. If you were bitten in one of these places, your case will likely fall under negligence law.
Under negligence rules, you must prove that the dog’s owner knew or should have known that their dog was dangerous. For example, if the dog had a history of growling, lunging, or biting, the owner could be held responsible. Unlike strict liability, negligence cases look at the owner’s actions and awareness of the dog’s tendencies.
Comparative fault also plays a role in negligence cases. The owner might argue that you were partially at fault for one of the following reasons:
- Provocation: Teasing, yelling at, or physically confronting the dog may count as provocation.
- Assumption of Risk: If you knowingly approached a dog that was growling or behaving aggressively, the owner might claim you shared responsibility.
These defenses can complicate a negligence case, but they don’t mean you’re not entitled to compensation. Your dog bite injury attorney can help you build a strong argument and hold the dog’s owner accountable.
Dangerous Dogs Under Oklahoma Dog Bite Law
A dog that has bitten someone before might be classified as dangerous under Oklahoma law. This classification comes with stricter rules for the owner, and can impact your case if the dog that bit you had a known history of aggression.
A dog may be labeled as dangerous if it:
- Caused severe injury to someone without being provoked.
- Was previously identified as potentially dangerous and then attacked someone.
- Killed another dog after being flagged as potentially dangerous.
However, a dog won’t be considered dangerous if the person it harmed was trespassing, committing a crime, or abusing or provoking the dog. Knowing whether a dog is legally classified as dangerous can affect the outcome of your case. It can also influence how much compensation you might receive, especially if the owner violated laws meant to prevent attacks.
Rules and Criminal Penalties for Owners of Dangerous Dogs
Oklahoma dog bite law requires owners of dangerous dogs to take extra precautions. These include:
- Confinement: The dog must be kept in a secure enclosure with clear warning signs.
- Leashing and Muzzling: Dangerous dogs must be leashed, muzzled, and under the control of someone over 16 years old when outside their enclosure.
- Liability Insurance: Owners must carry at least $50,000 in insurance to cover injuries caused by their dog.
If an owner fails to follow these rules and their dog attacks someone, the consequences can be severe. For example, if a dangerous dog kills a person because the owner didn’t restrain it, the owner could face felony charges. It’s also a felony to intentionally release a dog to attack a police officer.
For victims, these violations can strengthen your case. If criminal charges are involved, it might also increase the compensation you’re entitled to in a civil lawsuit. Working with a dog bite injury attorney can help you explore all your options for holding the owner accountable.
What If the Dog Bit Another Animal?
Dogs and other pets are considered personal property under Oklahoma law. This limits the amount of damages you can receive if your dog was attacked by another dog. Typically, you’ll only be able to recover the cost of restoring the “property” to its undamaged state. For dogs, this means you can be compensated for veterinarian bills and, if your dog is killed, the amount it would cost to buy a new dog. You can’t get compensation for pain and suffering.
However, if a dog kills another dog, it can be classified as dangerous under state law. This designation may lead to stricter rules for the owner, reducing the risk of future attacks. While the compensation for harm to pets may be limited, these cases can still hold owners accountable and create safer environments for everyone.
What to Do If You Were Injured by a Dog Bite
If you’ve been bitten by a dog, it’s important to take steps to protect yourself and strengthen your case:
- Seek Medical Care: Even minor bites can lead to infections or other complications.
- Get the Owner’s Information: This includes their name, contact details, and insurance information.
- Document Everything: Take photos of your injuries and the scene, and gather witness statements if possible.
- Report the Incident: File a report with local animal control or law enforcement.
- Keep Detailed Records: Save medical bills, communication with the dog owner, and other evidence.
- Contact an Attorney: A legal professional can help you file within the statute of limitations, navigate the process, and advocate for your rights.
Get Expert Advice From an Oklahoma Dog Bite Attorney
Dog bite cases can be complicated, and the compensation you receive often depends on factors like the severity of your injuries and the circumstances of the attack. An experienced dog bite injury attorney can guide you through the legal process, helping you understand your rights and pursue the compensation you deserve.
At Oklahoma Injury Guy, we work on a contingency basis, meaning you don’t pay unless we win your case. If you’ve been injured by a dog bite, contact us today for a free case evaluation. Let’s work together to get the justice and support you need.