Guard dogs are great for home and business owners, but not so great if you are injured by one through no fault of your own. While many of the same liability laws for regular dog owners apply to guard dogs, there are extra precautions that guard dog owners may be required to take. Here is more about dog owner liability and the extra steps guard dog owners must take to keep the general public safe.
Laws that Apply to All Dogs
Most states have dog bite laws that apply to all dogs regardless of if they are a family pet or a trained guard dog. To recover damages from injuries, you must be able to prove basic owner negligence and that you did not contribute to your own injuries. For example, you must be able to prove:
You Were Lawfully in a Public or Private Place
You were either on or around the property legally either implied or invited. This includes times where you were either delivering something or visiting the owner.
You Did Not Provoke the Dog
If you did nothing to harass or tease the dog and a dog bites you, then the owner is liable.
The Dog Owner Failed to Restrict or Restrain Their Dog
For example, someone who lets their dog roam around their unfenced yard would be liable if their dog rushes out and bites someone riding by on a bike in a public street.
Special Provisions for Guard Dogs
In some areas, guard dogs are often labeled as "dangerous dogs" simply because they are usually trained or pre-disposed to be aggressive. Therefore, owners must take extra precautions to reduce their liability. Some examples of things that guard dog owners may need to do include:
- Posting signs warning that an attack dog is on the premises and place these signs in a prominent place.
- Securing the dog behind special fencing with adequate height and strength.
- Providing extra protections for when the dog is out in public and off-duty such as muzzling.
One thing to note, though, is that if the guard dog is a military or police dog performing his or her duties, then liability for attacks may be limited and not automatic.
If you were engaged in a legal activity and a guard dog attacks you, then that dog's owner may be liable. In some states, you may be eligible for additional compensation and the dog owner may face criminal liability for negligent guard dog attacks. For more information, contact a personal injury attorney to see if you have a solid case.
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