Dog Bite, Euthanasia and the Law: What You Need to Know

Overview of Dog Bite Laws

The general framework of dog bite laws can be divided into two distinct types: statutes and ordinances. Statutes are laws passed by states, while ordinances are passed by local municipalities. Both statutes and ordinances vary widely among jurisdictions. Briefly, statutes are usually directed at dog owner behavior and controlling how it may endanger others, while ordinances usually focus on the animal itself, such as breed and vaccination requirements. As a result, under Louisiana’s dog bite statute, a dog owner is subject to strict liability for injuries and damages resulting from dog bites and certain other actions by pets whereas, in the City of New Orleans, the pet may be subject to seizure if it is found that is a public nuisance (such as running at large) or poses a certain risk factor (such as being a mixed breed dog).
In addition to governing the owner’s behavior and the pet’s risk factors, statutes and ordinances also authorize seizure and euthanasia of potentially dangerous animals. For example, in Louisiana, if your dog bites someone causing either injury or simply causing them to fear injury, the victim may file a suit against you, and you may be fined by the local authorities. If a judge or jury finds your pet to be a menace to society, then you may be ordered to have your pet euthanized. In New Orleans, the owner of a pet is subject to criminal prosecution and the pet is subject to euthanasia if the pet bites multiple people or causes severe injuries or death. The determination of which animals are at high risk for causing serious injuries depends on the perception of the community. In recent years , as discussed in my prior blog post, pit bulls and certain dog breeds have been singled out as potentially dangerous—whether legitimately or unjustly.
Pit bulls in particular have yet to receive a fair shake in Louisiana and other cities across the U.S. There have been a number of unfair prosecutions of owners whose target "attack dogs" were actually small breeds like Chihuahuas and Dachshunds—falsely prosecuted as "pit bulls" because of their muscular builds. Even health authorities seem to have been suckered by their perceived pit bull reputations. For example, in New Orleans, at least one dog owner has faced criminal prosecution and euthanasia based on the mere speculation of an untrained health officer that the dog was "a pit bull."
While the purpose behind these kinds of dog bite laws may be to protect the public from aggressive animals, the focus on a specific breed of dog has proved to be unproductive and unfair. Diversion of resources to enforcing high target attack dog laws may distract from more meaningful prosecutions of dangerous dog behavior, regardless of the breed. Particularly where there are limited law enforcement and judicial resources, it is important to channel these resources into investigating and prosecuting high-risk aggressive dogs and their owners rather than arbitrarily singling out certain breeds as deserving of special attention.

When the Act of Euthanasia Is a Given

There’s also a chance that the dog involved in the bite will be ordered euthanized. This finality is devastating, but it does occur in the most severe cases where the dog’s actions can no longer be reconciled with the law. Whether or not a dog needs to be euthanized varies between jurisdictions, and some pet owners aren’t aware of this policy until it’s too late. Euthanasia is usually determined by local dog animal control policies, and the risk that the pet poses to the community will be given a high level of consideration. One key factor that determines whether or not euthanasia is an option is whether or not the dog has been put on trial before. States like California have what’s known as a "dangerous dog law." If the dog has bitten someone prior to the incident, the dog is put into a mandatory euthanasia hearing. Killing the dog is usually done after a final hearing where a determination is made about the dog’s threat to public safety. The severity of the injury sustained in the dog attack may also play a large role in whether or not euthanasia becomes a legal option. Many jurisdictions have laws on the books which state that a dog that has killed or injured someone should be punished severely. If the attack is determined to be both severe and unprovoked, the dog in question may be condemned to death. It should be noted, however, that once an order for euthanasia is placed on a particular animal, there are few options to have the decision overturned. Euthanasia often takes place within a few days of the warrant being issued, and officials will not wait to have the dog’s owner file appeal and seek an injunction. As a result, the dog may be dead before it can be legitimately saved. Because of the uncertainty associated with whether or not a dog may have to be euthanized, it’s vitally important that owners of pets obtain animal insurance. Such policies will protect against the financial loss incurred whenever a pet is ordered euthanized.

Legal Process Applicable For Euthanasia

Typically, after a dog bite the local police will investigate it. If the police find the dog at fault for the attack, the police will contact the animal control and wildlife on how to proceed from there. Animal control and wildlife will then conduct an investigation on the animal to see if they meet the criteria of being vicious. If the animal does meet that criteria, the animal control can then go through the necessary procedures to have the animal euthanized. If the animal is determined to not be vicious and is cleared of the attack by a dog bite, the police may still animal control to pick up the animal as the owner. This usually may not happen until the dog attack has occurred multiple times. In any case, animal control and wildlife will schedule a hearing, usually over thirty days, to address the circumstances surrounding whether the animal needs to be euthanized or not. At the hearing, the owner of the animal must provide proof of rabies vaccinations and other vaccinations for the animal as well as no history of violence for the animal.

Owner’s Rights & Responsibilities

During a dog biting incident, both the victim and the dog owner have rights and responsibilities. Dog owners have the responsibility to keep their pet from biting others. They also have the right to follow the letter of the law with regard to animal control demands after a biting incident. Knowing the laws about your state will protect you from further losses and liabilities imposed by others.
After a biting incident, the first line of defense is the dog owner’s insurance company. You may dissuade others from relying on their insurance company. Most dog biting incidents are not covered by home owners insurance. However, automobile insurance policies may provide some coverage. In California, any liability insurance policies covering the driver of a vehicle involved in a dog biting case may be responsible for damages to the victim. The insurance adjuster will be ask extensive questions about the dog, who was involved in the incident, and whether the dog has bitten anyone else in the past. If the dog has had previous biting incidents, the insurance company will be looking for any pre-existing threats to the victim to try to absolve the insurance company of any responsibility.
Do not voluntarily answer questions posed by the opposing insurance company’s agent. The agent is working to limit the company’s liability not maximize it. The insurance company’s agent will share the information gathered from you with the dog owner. It is likely the dog owner’s first reaction will be to claim that the dog was provoked to bite the person. It does not matter if the person was trespassing when bitten. The law does not require a showing of provocation when a dog bites someone who was legally present on another’s property. The issue of trespass becomes relevant for assessing damages rather than liability. If the dog owner’s insurance company asks you to give a written or recorded statement, do not do so until you have made a report to animal control authorities and to your insurance (if you have one). Then, it will be in your best interest to talk to a dog law lawyer to learn the consequences of what you tell them.
Even if the dog owner has no insurance, the animal control investigator should be able to determine if the dog was at large at the time of the biting incident. A dog is considered at large if it was not properly secured on the Owner’s property or restrained by the legally prescribed leash, collar, and muzzle. An animal control officer can often determine whether the dog was at large from photos taken by the police officers at the scene. The dog owner may be cited for violating the leash law if the animal control officer determined the dog was at large or the dog may be categorically determined to be vicious if the medical personnel creating the police report found that the dog attacked and caused a severe injury. Animal control may deem the dog a danger to the community and require the owner to have the animal sterilized, vaccinated for rabies, cease all contact with public if the dog is found to be dangerous. See: California Law, Food and Agriculture Code, Section 31601, 31602, 31603. The dog owner may seek an injury review hearing with animal control but if the animal control officer refuses to drop the charges, the owner may wish to seek a hearing before the municipal court.
A dog law lawyer will advise the dog victim of whether the dog qualifies as a dangerous dog and the steps the victim may take to affect the dog’s euthanasia. A dog qualifies as dangerous under the laws if biting someone or has done any of the following:

(1) Killed a person.
(2) Killed, mauled, or inflicted serious injury on a companion animal. See: California Law, Civil Code (CIV), Section 3342.5.

The dog may be ordered euthanized by the judicial officer, state regulatory authority, or local regulatory authority after finding by clear and convincing evidence, that the dog:
a) inflicted an injury and the victim or companion animal affected did not provoke the injury,
b) the injury was sustained by the victim outside the property of the dog owner or keeper,
c) the dog has previously been determined harmful to persons or companion animals,
d) the dog has previously committed an act of sociability,
e) the dog has previously bitten or injured persons or companion animals,
f) the dog is owned, possessed, or kept as a guard dog in violation of any city or county ordinance,
g) the dog has been kept in violation of any city or county regulation of unsanitary living conditions,
h) the dog has been trained to fight persons or companion animals,
i) the dog is an unaltered female and there is evidence that the dog is bred, been bred, or impregnated while not owned or possessed by a licensed veterinarian,
j) the dog has been owned, possessed, or kept by a person found guilty of violating any provision of the animal control laws. See: California Law, Food and Agriculture Code, Section 31601, 31602, 31603.
There are various animal control laws regarding dog bites and provocation of dog bites that apply in different states. Always consult a dog law lawyer in your area.

Options Besides Euthanasia

Following a dog bite incident, the question of whether to euthanize the animal becomes a pressing issue. This decision can be an emotional one for the pet owner, while also being heavily influenced by the laws and regulations in the area where the attack occurred.
With California being a state with potential strict liability for any form of injuries caused by a "vicious" dog, many jurisdictions can immediately move to restrain the dog to prevent further harm. During such impoundment, euthanization can occur if legal authorities deem the dog "vicious."
However, many times, there are alternatives to euthanization. Contrary to popular belief, dogs can be rehabilitated. The Dog Listener, by John Fisher, asserts that most modern veterinarians believe dogs can be rehabilitated after committing acts of aggression. He cites studies indicating that roughly 92% of dogs who exhibited aggressive behavior were capable of being rehabilitated if given a second chance (Wells, 1988).
Further, many dog trainers believe aggression is a behavior, not a personality trait . Thus, just as other bad behaviors (excessive barking or jumping) can be trained out of a badly behaved dog, aggression can be rehabilitated.
Many localities and courts offer options other than euthanization. Most jurisdictions have mandatory sterilization laws. This is generally a humane treatment that prevents attacks by preventing unwanted litters. Often, keeping the dog on a short leash is required upon walking the dog.
If the dog is a "working" dog, training in behavior modification can successfully rehabilitate a previously aggressive dog. Working dogs are those who perform jobs such as being seeing-eye dogs or police officers.
Another example of rehabilitative law involves Barking Law, a nationwide service that offers to solve barking problems from as little as $5. Barking Law has reportedly even solved barking problems for dogs before they reach the point of aggressive barking, which leads to bite commands. Such training can largely reduce the number of attacks on strangers or neighbors due to excitability.

The Impact of "Breed-Specific" Laws

Some jurisdictions have enacted laws that declare certain breeds as "dangerous." Often times, these laws are based on the stereotype that a breed is prone to attack. Many of these laws are referred to as breed specific laws ("BSL"). A city-wide BSL ordinarily pertains to a particular breed deemed at risk for violence and can lead to the euthanasia of some pets under certain circumstances. In many instances, these "dangerous" breed declarations can lead to the euthanasia of a pet who did not otherwise have to be put down.
The controversy surrounding BSL’s and euthanasia through these laws has become the subject of many court cases. Some of these controversies include whether the burden of proof that a pet is dangerous should be based on a "preponderance" of evidence versus "clear and convincing" evidence, whether the statute which has been enacted is reasonable and whether the local government has to prove that the animal has attacked a person or pet before a determination of whether the animal is "dangerous" may be made.
There are many people and organizations who actively oppose BSL’s, including The Humane Society of the United States, a well respected group. There are many reasons why these groups disagree with BSL’s. One of the many reasons is that BSL’s, in general, can be challenged regardless of whether particular animal behavior, such as a bite, is present. Secondly, they believe that these laws unfairly focus on an entire breed of dogs rather than on the specific and individual rather than the specific and individual behavior of any dog.
Many in this group also believe that these laws are cruel because they result in a high rate of euthanasia for many dogs in cases where a bite has occurred supposedly in self-defense. These organizations believe that dogs are judged based on their behavior and not on the breed. They argue that BSL’s are ineffective at reducing dog bites, and often ban family pets that have never shown aggressive behavior.

Preventative Measures/Legal Consultation

As a dog owner, it is your responsibility to ensure that your pet does not pose a threat to others. Taking preventive measures such as proper training, socialization, and supervision can go a long way in preventing dog bites from occurring in the first place. When selecting a professional dog trainer, look for someone who uses positive reinforcement techniques and has experience working with your dog’s breed and temperament. Socializing your dog with other dogs and people is also an important step in preventing aggressive behavior. Take your dog on walks in your neighborhood or to a local dog park to help them get used to different environments and people. If your dog does bite someone, it is important to remain calm and not admit liability. Exchange contact information with the victim and any witnesses, and document all facts of the event so that you will have a record of what happened. Take your dog to the veterinarian as soon as possible to have their medical care needs assessed and to obtain documentation of any medical treatments or injuries. Be aware of your local dog bite laws and ordinances. Some jurisdictions have mandatory quarantine or euthanasia requirements for specific dog bites. Educate yourself on what to do in case of a dog bite or attack, and carry a list of contacts with you, including your veterinarian and alternate dog care providers. If you are a dog owner whose pet has been accused of attacking someone, or if you have received notice that your dog is to be euthanized, speak with an experienced attorney immediately. An attorney can help you determine all of your legal options and how best to proceed with your case. If your dog has already been taken into custody by animal control, an attorney may be able to assist you in getting the animal back. Your attorney may also have contacts with veterinarians who may provide medical evaluations of your dog and help determine if the dog is dangerous.

Conclusion: Finding the Right Balance

In this article, we have discussed the various state laws relating to dog bites and how these laws can come into play when determining whether or not a specific dog should be euthanized because it has exhibited aggressive tendencies. While some states have what is known as a "one bite rule," which essentially states that the first time that a dog attacks, no criminal liability will attach to the dog owner, most of the states do not and are expansive in their definition of what constitutes a dog bite or attack. Furthermore, many states have a "strict liability rule" for dog bites, which means that a dog owner can be held responsible for a dog bite, regardless of whether he was at fault. In addition, we discussed how, while some states may allow for the euthanasia of a dog if it has exhibited aggressive tendencies towards people, other states have laws that specifically prohibit the euthanasia of a dog simply because it has exhibited aggressive tendencies towards humans. As you can see, whether or not a dog will be euthanized is based on the specific state laws that apply in each individual case. At the end of the day, there are no easy answers to the question of whether or not a dog should be euthanized after it has bitten someone , even if some states have enacted laws that attempt to make the answer to that question easier. It is often a difficult question to answer because there are two important interests at stake: the welfare of the dog and the safety of the public. If a particular dog has vicious tendencies, then its owner and the public may need to have a greater concern for public safety than for the dog’s welfare. But if a particular dog was just protecting its owner, for instance, and the dog’s owner took reasonable measures to ensure that the dog did not attack a person, then it may be in the best interests of the dog, the owner, and society not to euthanize the dog. Even when the law clearly allows for an animal control officer to euthanize a dog that has bitten someone, the purpose behind that law is not to spare the owner of the responsibility of having to keep their dog contained and to follow the laws regarding dog ownership when their dog has already attacked someone, but to protect the public from the future attacks by vicious dogs. Therefore, where there is a reasonable alternative to euthanizing the dog, that alternative should be followed instead.