
Oklahoma
Dog Bite Law
Oklahoma dog bite laws
are clear and explicitly stated in Title 4 of Oklahoma
Statutes (2002). When a dog bites and causes personal
injury, Oklahoma dog bite laws that apply include the
following:
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§ 4-42.1. Personal injury by dog—Liability
of owner.
The owner or owners of any dog shall be liable for damages
to the full amount of any damages sustained when his dog,
without provocation, bites or injures any person while such
person is in or on a place where he has a lawful right to
be.
·
§ 4-42.2. Lawful presence
on owner's property, what constitutes—Public place,
what is.
For the purpose of this act a person shall be considered
to be lawfully upon the private property of the owner of
a dog when he is on such property in the performance of
any duty imposed upon him by the laws of this state, or
by the laws of the United States, or the postal regulations
of the United States, or when reading meters, or making
repairs to any public utility or service located on said
premises, or when working on said property at the request
of the owner or any tenant having a lease upon any portion
of said property, or when on such property upon the invitation,
either expressed or implied, of the owner or lessee of such
property. The term "public place" shall, for the
purpose of this act, mean and include any and all public
buildings, parks, playgrounds and recreational facilities,
and any and all places of business, amusement or entertainment
which are privately owned, wherein merchandise, property,
services, entertainment or facilities are offered for sale,
hire, lease, or use.
·
§ 4-42.3. Exceptions to application
of act—Existing rights and liabilities.
Provided that this act shall not apply to rural areas of
this state or to any cities or towns that do not have city
or village United States mail delivery service. Provided,
nothing herein shall be construed as diminishing any right
or liability for injury by dog bites now existing under
the laws of this state.
Dog
Bite Claim
In order to prove
negligence in a strict liability dog bite claim, the owner
of the dog must be established, typically through licensing
or vaccination records, and that the dog in question actually
bit the claimant.
While Oklahoma has strict liability laws concerning dogs
that bite, proving negligence can be a challenging task.
Jeffrey Atkins and Dan Markoff, experienced personal injury
attorneys at Oklahoma Dog Bite Law Center, are up to the
challenge. They share a deep commitment to holding dog owners
responsible for injuries their dogs inflict upon others.
Coupled with a thorough understanding of Oklahoma dog bite
laws, our experienced attorneys in Oklahoma City are dog
bite law experts can help you or a loved one get the compensation
you deserve.
It is important to
contact a qualified Oklahoma dog bite attorney as soon as
possible after the incident occurs to ensure that your rights
are protected. For a full review of your dog bite case,
contact a personal injury lawyer at Oklahoma
Dog Bite Law Center in Oklahoma City today.
Statute
of Limitations
The Oklahoma dog bite
law and personal injury claim law state that there is a
time limit within which a claimant must file a personal
injury claim-a statute of limitations. After this time period
has passed, you may lose your right to legal recourse and
compensation. Therefore, it is imperative that you contact
our Oklahoma City dog bite law experts at the Oklahoma Dog
Bite Law Center to get your case moving as quickly as possible.
In Oklahoma, a personal
injury lawsuit must be filed within two years of the incident,
except in the unfortunate circumstance where a minor has
suffered personal injury. For these special cases of personal
injury, Oklahoma law extends the statute of limitations
time period until one year after the minor's 18th birthday.
To be sure your dog
bite personal injury case is filed within Oklahoma's statute
of limitations, it is essential to contact our qualified
personal
injury lawyers in Oklahoma City as soon as possible.
Practicing in Oklahoma City, dog bite lawyers Jeffrey Atkins
and Dan Markoff can help you file your dog bite case and
assert your rights in a timely manner.
Responsible dog ownership
includes proper socialization and care of the animal, as
well as ensuring that it does not cause harm to others.
When a dog attacks or bites, the resulting injuries can
be severe. Emergency medical treatment for bites or puncture
wounds, the possibility of being infected by a disease like
rabies, infection of the wound or other complications, emotional
trauma, scars, and ongoing medical treatment are all possible
outcomes of being bitten by a dog. In the worst cases of
dog attack, victims may be killed. Unfortunately, children
are the ones most often affected by dog bite. They account
for about 60 percent of reported incidents where medical
attention was sought.
Liability
In Oklahoma, dog bite
laws outline a statutory strict liability state: dogs don't
get "one free bite." Dog owners are fully responsible for
injuries caused by their dogs. In many cases, the dog owner's
homeowner's insurance handles injury claims. Oklahoma dog
bite laws state that if an attack happens while the victim
is legally on private property (as an invited guest, to
deliver mail, etc.) or while the victim is on public property,
the owner is typically liable, as long as the victim was
not intentionally and persistently antagonizing the dog.
Oklahoma dog bite
law includes exceptions to a dog owner being liable for
injuries caused by his or her dog. These include situations
where the victim: was trespassing on the dog owner's land;
was provoking the dog; is a veterinarian who was bitten
while treating a dog owner's dog; was bitten or injured
during the commission of a felony; was bitten by a police
or military dog. Aside from these few exceptions, dog owners
can be held legally liable for the injuries they cause.
When a dog owner is
found to be liable for injuries caused by his or her dog,
the dog bite victim may be entitled to compensation for:
emergency-related medical treatment and medications; future
medical treatment needs like scar reduction surgery; psychological
counseling to help cope with the traumatic event and lingering
fear; and lost wages.
The dog bite accident
attorneys at Oklahoma Dog Bite Law Center can help you ascertain
the merits of your case. We specialize in dog bite law,
and we welcome the opportunity to discuss your dog bite
case in more detail. Please contact our Oklahoma
City dog bite laws experts to schedule a review of your
case.
Dangerous
Breeds
Although any dog is
capable of biting, some dog breeds are known to be more
aggressive-and therefore more dangerous-than others. According
to current dog bite fatality data 1 , the top ten dog breeds
responsible for causing the highest number of fatalities
in the United States from 1979 to 1998 include:
- Pit Bull types
- Rottweilers
- German Shepherds
- Husky types
- Malamutes
- Doberman Pinschers
- Chow Chows
- Great Danes
- Saint Bernards
- Wolf-dog hybrid types (crossbred)
Not all attacks involving
dog bites are fatal. In fact, about 4.7 million nonfatal
dog bites were reported in the United States in 1994 alone,
according to data2 furnished by the Centers for Disease
Control (CDC). Nearly 800,000 of those people bitten in
1994 had injuries serious enough to require medical care3.
Half of the people who sought medical care were children
under the age of 18*. Children are especially at risk for
dog bite. In the United States, a dog bite victim is seen
by a medical professional every 40 seconds (5).
It is important to
note that any dog can attack and cause serious injury, even
small dogs. Some of the reasons that dogs attack include
their neglect, mistreatment, bad temperament, and being
provoked or threatened, either intentionally or unknowingly.
Whatever the reason for the attack, Oklahoma dog bite law
states that dog owners are responsible for the actions of
their pets and can be held liable for injuries.
If you or a loved
one has been the victim of a dangerous dog and are in need
of a dog bite injury attorney in Oklahoma, please contact
one of the skilled personal
injury lawyers at Oklahoma Dog Bite Law Center in Oklahoma
City to discuss the details of your dog bite case.
Sources of Data:
1Journal of the American Veterinary Medical Association
(JAVMA) Special Report: “Breeds of dogs involved in
fatal human attacks in the United States between 1979 and
1998,” JAVMA, Vol. 217, No. 6. September 15, 2000.
www.cdc.gov/ncipc/duip/dogbreeds.
2Mortality and Morbidity
Weekly Review (MMWR), “Nonfatal Dog Bite—Related
Injuries Treated in Hospital Emergency Departments---[sic]United
States, 2001,” MMWR, July 4, 2003, Vol. 52(26), 605-610.
www.cdc.gov/mmwr.
3,*,5Injury Fact
Book 2001-2002, Dog Bite Injuries section. www.cdc.gov/fact_book.
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