If you or a loved one has been bitten by a dog in Alabama, it is important to make sure you have a clear understanding of your legal rights. Not only can medical treatment for dog bites be expensive, but dog bites can cause long-term physical disabilities and emotional trauma as well. While you can—and should—hire a Birmingham dog bite lawyer to represent you at no out-of-pocket cost, it will be helpful for you to have a basic understanding of Alabama’s dog bite laws.

If you’ve been trying to research your legal rights online, you may have come across references to the “one free bite” rule. Essentially, this is a rule that says dog owners are not liable for attacks unless their dog has attacked before. In Alabama, a version of the “one free bite” rule applies in some circumstances but not others.

Alabama’s Dog Bite Laws: What Victims and Their Families Need to Know

Alabama’s dog bite laws are uniquely complicated. Under Alabama law, the circumstances surrounding a dog attack play a major role in determining whether—and to what extent—the dog’s owner is liable.

The first distinction under Alabama’s dog bite laws focuses on whether an attack occurs on private or public property.

Dog Bite Claims Involving Attacks on Private vs. Public Property

We’ll talk about dog bites on private property first. These attacks are addressed in Section 3-6-1 of the Alabama Code. Section 3-6-1 states:

“If any dog shall, without provocation, bite or injure any person . . . the owner of such dog shall be liable in damages to the person so bitten or injured, but such liability shall arise only when the person so bitten or injured is upon property owned or controlled by the owner of such dog at the time such bite or injury occurs or when such person has been immediately prior to such time on such property and has been pursued therefrom by such dog.”

In this scenario, a “one bite rule” does not apply. Instead, dog owners are “strictly liable” for dog bites occurring on their property (or when their dog pursues someone from their property), except in cases of provocation. However, for a dog bite victim to have a strict liability claim—meaning that proof of negligence is not required—the victim must have been “lawfully on the private property of the owner.” Essentially, this means that the victim must not have been trespassing at the time of (or immediately prior to) the attack.

While dog owners are strictly liable in this scenario, they can mitigate (or reduce) their liability by showing that they were unaware that their dog was dangerous. If a dog’s owner can prove that he or she “had no knowledge of any circumstances indicating such dog to be or to have been vicious or dangerous or mischievous,” then the owner is only liable for the victim’s actual expenses incurred as a result of the attack. Otherwise, the dog’s owner can be held liable for all of the victim’s losses resulting from the attack. This includes not only financial losses but non-financial losses (i.e., pain, suffering and emotional trauma) as well.

Now, let’s talk about dog bites that happen on public property.

Dog attacks occurring on public property are covered in Section 3-1-3 of the Alabama Code. This section of the law states:

“When any person owns or keeps a vicious or dangerous animal of any kind and, as a result of his careless management of the same or his allowing the same to go at liberty, and another person, without fault on his part, is injured thereby, such owner or keeper shall be liable in damages for such injury.”

This is where Alabama’s version of the “one free bite” rule comes into play. Under Section 3-6A-3 of the Alabama Code, a dog is considered “dangerous” if it has “bitten, attacked, or caused physical injury, serious physical injury, or death to a person without justification.” This means that in many (but not all) cases, dog owners are not liable the first time their dog bites someone if the attack occurs on public property.

You Should Not Make Any Assumptions About Your Legal Rights

While these are the general rules, there are exceptions, and it is important not to make any assumptions about your legal rights. If you, your child or another member of your family has been bitten by a dog under any circumstances, it will be worth talking to a Birmingham dog bite lawyer about your legal rights. An experienced dog bite lawyer will be able to:

  • Evaluate the circumstances surrounding your (or your loved one’s) dog attack to determine which of Alabama’s dog bite laws apply;
  • Provide a straightforward assessment of your legal rights, including how much you may be entitled to recover for your (or your loved one’s) injuries from the attack; and,
  • If you have a dog bite claim, file your claim, negotiate for a fair settlement on your behalf and seek just compensation in court if necessary.

While you can—and should—hire a lawyer to help you, there are some important steps you can take to help protect your legal rights as well. These include prioritizing your (or your loved one’s) medical needs, taking detailed notes about the attack, and keeping any evidence (i.e., photos, videos or damaged clothing) you may have in your possession, among others. You should contact a Birmingham dog bite lawyer promptly as well, as your lawyer will need to conduct an investigation before critical evidence disappears.

Contact a Birmingham Dog Bite Lawyer Today

Do you need to know more about your legal rights after a dog attack in Alabama? If so, we strongly encourage you to contact us right away. To speak with an experienced Birmingham dog bite lawyer at Alabama Personal Injury Lawyers, LLC in confidence as soon as possible, call us at 205-855-2745 or tell us how we can get in touch online today.