Kozmozag said:
What is the law in DC?
An Overview of Dog Bite Laws in Washington, D.C.
There are two statutes in the District of Columbia that eliminate the requirement of scienter in a specific set of circumstances, such as where the dog that attacked a person was at large due to owner negligence. The two statutes can be found under sections 8-1808 and 1-1812.
Aside from those sections, a victim is required to prove an intentional tort, scienter, or negligence. Washington, D.C. falls within a contributory negligence state, which means that a negligent victim is barred from attempting to recover compensation for a dog bite. The Washington, D.C. dog bite lawyers at Ashcraft & Gerel can discuss the statutes of dog bite law with you and help you determine if you have a case.
Dog Bite Statutes
Under section 8-1801(a)(1)(a), the term "at large" is defined as any animal found off its owner's premises that is neither leashed or under the immediate control of a capable person who can restrain it. Section 8-1808 sets out that no dog owner will allow their animal to go at large, and section 8-1812 states that if a dog injures someone while it is at large, the fact that the owner lacks knowledge of the dog's vicious tendencies will not absolve him or her from a finding of negligence.
In D.C., it is held that if a dog bites a person while it is at large, the violation of section 8-1808 is not negligence
per se, but rather only evidence of the negligence. In the example of
Chadbourne v. Kappaz, the court approved the trial court's instruction to the jury.
The instruction was that an owner allows his or her animals to go at large if:
- He or she intentionally allows the animal to do so
- Fails to exercise due care in keeping the animal from going at large
In terms of determining the care required, the jury was instructed to consider the dog's propensities that are known to the owner.
Therefore, Washington, D.C.'s statutes create one exception to the one-bite rule: A victim does not have to prove scienter if he or she is bitten by a dog at large as a result of the owner's negligence.
The One-Bite Rule
If you were bitten by a dog in Washington, D.C., you can file a lawsuit against the dog's owner regardless of whether the dog was at large at the time of the incident. You can do so under the one-bite rule. If the dog has bitten someone before, it is expected that the owner should know about the dog's aggressive tendencies and take extra steps to prevent another bite or attack.A victim can prove a dog's vicious tendencies by showing that the dog is classified as potentially dangerous. The owners of these breeds are obligated to meet a higher standard for restraining their dogs and preventing attacks. Failing to do so could lead to criminal charges.
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