ALABAMA A&M AND AUBURN UNIVERSITIES

Alabama Dog Laws

More and more, courts arehearing cases involving what hasbecome known as "dog fright."Over the years, the laws thatdetermine the liability of a dogowner for the damages caused bytheir pets have developed as aresult of dog bite cases. Even so,the principles of owner responsi-bility have generally been consis-tent. Regardless of the type ofinjury caused by the dog, mostcases seeking to recover damagesare based on one common theme,that the owner had knowledge thatthe dog was vicious or dangerous.

In the same vein, Alabamastatutory law and common lawtheories of liability seem to place asimilar responsibility upon a dogowner without regard to the natureof the injury suffered by the thirdparty. For instance, the Restate-ment declares in § 302(b) that aperson might be chargeable withnegligence if a third party isexposed to unreasonable risk ofharm by the foreseeable action ofthe person's animal. Moreover, theRestatement explains in Com-ment d that a reasonable person isrequired to know the habits andtendencies of animals, and, insofaras that knowledge would lead himto identify as customary or normala particular action on the part of ananimal, he is required to anticipatethat act and to prevent suchactions. There is nothing to indi-cate that a dog owner would not beembraced in the term "person" asprovided in the Restatement, nor

that the animal's act would neces-sarily have to involve physicalcontact with the victim.

Whether a dog owner has beenheld liable for another's injuriescaused by his pet's menacingbehavior has often depended uponthe locale of the incident and therole or status of the injured personunder the law. For example,Alabama courts have reacheddifferent results when the injuredparty seeking to hold the dogowner liable was a customer orbusiness invitee upon the premisesof the dog owner, especially wherethe owner apparently had no priorknowledge of his dog's propensityto act in that way. In the casesdiscovered wherein a social guestor visitor to a dog owner's homewas injured when suddenly startledby the owner's lunging canine,courts have ruled that the particu-lar evidence either established theowner's liability for the injuries, orat least raised a jury question tothat effect.

Finally, with regard to thoserelatively more numerous cases inwhich a pedestrian or traveler upona public thoroughfare has beeninjured when scared by an ap-proaching or leaping dog, courtshave, on occasion, concluded thatthe dog owner's liability wasestablished or supported by theevidence, depending in someinstances upon whether the ownerwas found to be remiss in permit-ting his dog to be in a position tofrighten passersby.

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To decrease a dog owner's riskof liability, a dog owner shouldalso consider the character of thegeographic area where he allowshis domestic animals to run atlarge. Alabama courts take intoconsideration whether an incidentoccurred in a congested urban areaor a suburban or rural setting in itsdetermination of the duty withwhich the dog owner should becharged. In the case of an urbanlocale, there is some indication thata court might hold the dog ownermore responsible for restraininghis pet in such a way as to preventit from menacing a passerby.

Evidently, the law places agreat deal of importance on dogowners and the circumstancesunder which they keep theiranimals. Let us look specifically atwhat the Alabama state law callsfor regarding dog ownership in thefollowing areas: 1) liability forinjury to person, 2) misconduct onthe part of the owner, and 3)liability for injury to livestock.

LIABILITY FOR INJURY TO

PERSONS

Law § 3-6-1: Liability of owner ofdog for injuries to person bitten orinjured while upon property ownedor controlled by owner, etc.Translation: If a dog bites aperson while on the owner'sproperty without provoking thedog, and if the person has a legalright to be there, then the owner isliable for the injury.

Kevin Crenshaw, Attorney-at-Law, Alabama A&M University

For more information, call your county Extension office. Look in your telephone directory under yourcounty’s name to find the number.

Issued in furtherance of Cooperative Extension work in agriculture and home economics, Acts of May 8 and June 30, 1914,and other related acts, in cooperation with the U.S. Department of Agriculture. The Alabama Cooperative Extension System(Alabama A&M University and Auburn University) offers educational programs, materials, and equal opportunityemployment to all people without regard to race, color, national origin, religion, sex, age, veteran status, or disability.

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Law § 3-6-2: When persondeemed lawfully on property ofowner of dog.Translation: The person attackedmust be on the property lawfully.

Law § 3-6-3: Mitigation ofdamages.Translation: If you own a dogthat bites someone who is lawfullyon your property, but there was noindication of the dog having thesetendencies before, you can pleadthat you had no knowledge of thedog being vicious. In that case, youwould only be liable for theexpenses that result from the bite.

Law § 3-6-4: Construction ofchapter.Translation: These laws are notintended to lessen the rights orresponsibilities for injuries causedby dog bites.

OWNERSHIP MISCONDUCT

Law § 3-1-3: Liability of owner,etc., permitting vicious or danger-ous animal to be at liberty, etc., forinjuries caused by same.Translation: If you own a dog thatcan be vicious or dangerous andthe dog becomes free due to yournegligence, or is allowed to befree, the owner is liable for anyinjuries the dog causes to aninnocent third party.

Law § 3-1-5: Permitting dogs torun at large; applicability ofprovisions of section in countiesand certain cities or towns.

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Translation: Every dog ownermust keep the dog restricted to hisor her own property. This does notmean that the dog may neveraccompany the owner or person incharge off of the property. This isalso separate from county laws thatrequire a license tag to be kept ondogs.

Law § 3-1-29: Activities relatingto fighting of dogs prohibited;punishment; confiscation; proce-dures for disposition of animals.Translation: Dog fighting is afelony. To train a dog to fight or toown a dog for fighting is a felony.It is a felony to cause dogs to fightfor amusement or for monetarygain. To be a spectator is alsocriminal. In the event of a dogfight, the dogs will be confiscated.

Law § 3-1-10: Wanton, malicious,etc., destruction, injury, etc., ofanimal or article or commodity ofvalue of another—prohibited.Translation: Any person whomaliciously injures or destroys ananimal or commodity of anotherwill be fined at least twice thevalue of the damage to the prop-erty, and may be imprisoned for nomore than six months.

LIABILITY FOR INJURY TO

LIVESTOCK

Law § 3-1-1: Keeping of dogknown to kill, etc., stock prohib-ited; liability of owner for injuries,etc., caused by same; liability forkilling of same.

Translation: No one can keep adog that is capable of killing,maiming, or harming livestockwithout being aware that the dogcan be vicious. If you keep such adog, you are liable for twice theworth of any livestock that yourdog might kill or injure. Also, ifyour dog behaves in this way andsomeone kills him, that third partyis not liable for the dog's death.

Law § 3-1-2: Liability of owner,etc., for injuries caused by rabiddog.Translation: If you know that adog you own or are in charge ofhas been bitten and infected withrabies, then if your dog bites anyperson or livestock, you are liablefor up to twice the amount indamages it causes, includingmedical treatment.

Law § 3-1-4: Permitting dog orhog known to kill, etc., sheep,domestic fowl, etc., to run at large.Translation: If you own a dog thatis capable of killing or known tobe dangerous to livestock, and youlet them run free, then you will befined at least $5.00 but no morethan $50.00.

Law § 3-1-6: Liability of owner,etc., for injuries to livestock, etc.,caused by dog while off premisesof owner, etc.Translation: If you own a dogthat kills or injures any livestockwhile off your premises, you areliable for the damages and the fullcost of the damages.