Law Students

Attack of the Wiener Dogs.

By Dr. Bombay

A close friend of mine was recently bitten by her beloved dachshund. (Mercifully, she?s alright.) I’m also told that her husband was able to stay his murderous wrath and not punt the dog, which makes him a better man than me. Like everything these days, it got me wondering what the legal ramifications of being bitten by a dog were, for the owner and the victim. Especially if it was by a wiener dog, which I?ve never thought of being deadly to anything but badgers.

Looking at the laws of the State of Maryland and the Commonwealth of Virginia, it seems like you can pretty much let Fido run riot. Both States adhere to a doctrine called “the one bite rule,” which shields an owner from liability the first time your dog chomps someone, provided the dog has shown no propensity for violence. Both states also still practice a doctrine of contributory negligence, which provides an affirmative defense if the plaintiff’s negligence in any way contributed to the injury. (e.g. if you slap Bloodfang on the head, and he bites you in the crotch, you’re on your own). Or, as the somewhat hyperbolic “Dog Bite Law” put it, “if a dog owner brought his pit bull to a day care center, and the dog mauled a toddler, the dog owner would have no liability at all unless the parents of the child could prove that the dog had demonstrated the specific dangerous propensity to bite people. ” Yikes.

So residents of Maryland and Virginia, if Hans your beloved Dachshund goes after Little Johnny down the block, and he’s never done it before, you’re in the clear. On a side note, I’m never going to a dog park again. Ever.

Full post as published by Fight The Hypo on February 27, 2008 (boomark / email).