TulsaPets Magazine Online

Being a dog owner in Oklahoma requires more than providing tender loving care for your animal.  There are many legal issues to consider with dog ownership. For instance, what if your dog harms someone? Can a person go to jail if their dog attacks someone? Do dog owners have a duty to warn people that their pet is dangerous? Does insurance cover injuries or damages caused by your dog?

Problems may arise if a dog owner falls into a false sense of security by ignoring the fact that his/her dog can potentially cause very serious injuries. This false sense of security may occur because the dog has never shown any unprovoked aggression to family members or strangers.  Although some may believe that only certain dog breeds are more predisposed to cause harm, the reality is that any dog has the potential to do so.  Granted, an attack from a small breed of dog may not be as severe as an attack from a larger breed.  The fact is Oklahoma laws do not discriminate against any particular breed or size, so the likelihood of getting sued is the same regardless of the breed.  Obviously, a more powerful dog may cause greater harm, thus greater consequences await that dog owner.

According to the Centers for Disease Control and Prevention, more than 4.7 million people are bitten by dogs annually, resulting in an estimated 800,000 injuries that require medical attention. Because dog attacks are not an uncommon event, all dog owners should be aware of Oklahoma’s State and local laws that concern liability of the dog owner.

One of the most important Oklahoma laws is a statute concerning dog owner liability.  The law allows a dog owner to be sued and held liable to pay all damages caused when their dog, without provocation, bites or injures any person while that person is in or on a place where they have a lawful right to be.  The law further states that postal workers, meter readers and utility workers have a lawful right to be on your property.¹

If your dog has previously bitten another person or dog, you should be aware that your responsibilities may be even greater.  Oklahoma law defines a dangerous dog as one that has severely injured a person before, whose owner has already been notified by an animal control authority that the dog is potentially a dangerous dog.  A potentially dangerous dog is defined as one that when unprovoked inflicts bites on a human or other dogs either on public or private property.²

If a person is found to own a dangerous dog, the law requires the dog to be securely confined indoors, or enclosed in a locked pen.³ If you allow a dangerous dog to run loose and it harms a person, you could be found guilty of a misdemeanor, or a felony if a death results, and punishable by imprisonment and large fines.⁴

Another common concern is whether a dog owner is required to post warning signs on the fence.  Although no state statute requires such, Tulsa has an ordinance that requires a dog owner to post a warning sign on a secure enclosure if the dog has been classified as dangerous. In addition, the owner must carry at least $50,000 of liability insurance that covers injuries caused by the dog, and pay a $10.00 fee to register the dog.⁵

Although a warning sign is not otherwise required, dog owners still have a legal duty to warn visitors to beware they have a dog that could cause harm.  Warning anyone who has a lawful right to enter your property, such as the meter reader, may lessen your liability for them should they become harmed.

Dog owners, whether they are homeowners or renters, should also understand liability insurance issues.  If you already have insurance it is important to find out from your insurance agent whether the policy would cover injuries or damages caused by your dog.   If you do not have coverage,  you may wish to shop around for another insurer.

While considering how much liability insurance you should carry, make sure the amount is adequate to pay for serious injuries. It is not unusual for dog attacks to cause tens of thousands of dollars in damages. In 2007 the average cost of a dog bite insurance claim was $24,511.⁶  If you are not properly insured to cover those types of damages, you could find yourself filing bankruptcy or having your wages garnished for a very long time.

In my practice as a lawyer I am frequently confronted with many dog bite cases where the dog owners have no liability insurance whatsoever.  Typically the victim is attacked by a dog that either escaped from a poorly maintained fence or the owner allows the dog to run loose.  It is also my experience that people are not injured just from bites alone, as harm can be caused during a person’s attempt to escape an attack, such as breaking a leg.  Injuries caused to a person while escaping expose dog owners to the same liability as bites do.

If you live near such an irresponsible dog owner, take immediate action by asking them to properly secure their dog.  Explain to them that doing so will not only prevent injuries to people, but to their dog as well. If the dog owner is uncooperative then you should either contact your local police or animal control.

By taking time to understand your liability as a dog owner, you will lessen your risks from a potential lawsuit, and hopefully prevent harm to others.

Story by Lloyd Benedict