My dog escaped and attacked another dog.

Question

My dog ran out of the house and attacked another dog that was walking down the road. The other dog was not on a leash and ran from it's owner. Can I be held liable?

Alabama, USA

Answer

People whose dogs are injured by another dog can sue the “parent” of the biting dog and person in charge of the biting dog at the time of the incident. Although Alabama’s dog bite law refers to injuries caused by dogs to people, a court may find that if the biting dog’s “parent” or person in charge of the biting dog was negligent or violating a leash or similar animal restraint law at the time the dog injured another dog, he or she should be held liable. A dog’s “parent’s” knowledge of his/her dog’s dangerous propensities may also be considered when the dog injures another dog. However, if the injured dog’s “parent” was also negligent or violating a leash or similar animal restraint law at the time of the incident, the Alabama court could decide that such contributory negligence bars monetary recovery.

Consider checking your renter’s or homeowner’s insurance policy. These policies often cover injuries and damage caused by dogs.

People whose animal is injured by a dog may also contact animal control. Although Alabama’s state law does not include dog on dog attacks within its definition of “dangerous dog,” local laws are sometimes more expansive than the state law. Depending on the language of the law, the court may order “parents” of dogs who are declared dangerous to take certain actions, such as confining the dog, muzzling the dog in public, having the dog spayed/neutered and microchipped, and procuring liability insurance.