Dog Bite Law

Dog Parks and Liability for Dog Bites

Dog parks are merely places where dogs can be off-leash, but liability for dog bites that occur there can be a little different than for those that happen elsewhere.

Overview
Negligence liability
Suits against local governments
Assumption of the risk
Bites and injuries resulting from a dangerous propensity of the attacking dog
Guidelines for dog parks

Overview

Leash-optional dog parks are a great place to take your dog. There is no need for the dog owner to worry about joggers, kids on bikes, inattentive drivers, elderly people and the disabled. Like any recreational area, however, dog parks are not free of risks. People and dogs get injured in dog parks throughout the United States. And dog parks cause other kinds of problems too. Here is an overview of the problems that stem from dog parks:

Dog owners do not clean up after their dogs. In dog parks and on the street, dog owners are legally required to clean up after their dogs. Failure to do so can result in fines, can cause the spread of disease, and might prompt the civic authorities to close the dog park entirely. For example, a neighborhood in Los Angeles that is adjacent to a dog park commissioned a study of the bacteria in rainwater flowing down from the dog park, through the streets and into the public storm drains. The levels of harmful bacteria went off the charts. As a result, the neighborhood is exerting pressure on City Hall to close or restrict the dog park.

Some dogs are inappropriate for a dog park. One of the most reported problems is that irresponsible dog owners bring the wrong dogs to dog parks. Unneutered male dogs and other aggressive dogs may prompt dog fights, with people and dogs being bitten. Overly aggressive, overly assertive, overly unruly, and undersocialized dogs to not belong in a dog park. Similarly, puppies and fearful dogs can be dangerous, because they might fight or bite as a fear reaction. When dogs fight in a dog park, people sometimes get bitten, and there may follow an altercation between the responsible owner and the irresponsible one.

Injuries to people. There currently are no reported legal opinions about injuries to people that occur in dog parks, but some conclusions are possible. People who suffer bodily injuries or injuries to their dogs have most of the usual rights in dog parks that they have outside such places. Leash-optional parks are not zones of immunity for irresponsible dog owners and dangerous dogs. Basically, leash-optional dog parks merely are places where the city's leash laws do not apply. They are not, however, Wild West frontier towns where dogs can fight it out and attack people without fear of the Sheriff!

Ambiguous waiver of rights / assumption of risk. Dog owners should carefully read the signs that are posted around dog parks. Warning signs might result in a waiver of rights or an assumption of risk. One of the problems here is exactly what risks are being assumed. For example, a sign that says Use the park at your own risk means what? Can such a sign deprive you of the right to be free of danger from a dog that was previously declared dangerous? Exactly which risks are you agreeing to accept? There have been no reported legal opinions about the signs at dog parks. (See the discussion below regarding Assumption of the Risk.)

Inappropriate location of parks. Some city councils have placed dog parks next to playgrounds. Because it is foreseeable that dogs in dog parks might become over-excited and aggressive, parents have expressed the fear that that the placement of dog parks near playgrounds poses an unacceptable and unreasonable risk to the children in the playgrounds. Again, there have been no cases and therefore no precedents on the placement of dog parks.

Canine professionals. There is a controversy about the appropriateness of allowing canine professionals to use dog parks. A dog walking service that brings in 10 dogs at a time, and uses the park 8 hours per day, might be seen as misusing the dog park. Some parks limit the number of dogs, and others require canine professionals to pay fees to use the parks. Canine professionals need to respect the rights of ordinary dog owners in dog parks, or risk being banned from these parks.

If your dog is injured or killed in a dog park, the rest of this section will guide you as to your legal rights. For more specific advice, and pre-written legal letters and forms to help you get compensation, see What To Do If Your Dog Is Injured Or Killed. To find dog parks, see the Links page of this web site.

Negligence liability

In a leash-optional park, it will be more difficult for a victim to establish that the dog owner was negligent by not having the dog on a leash. Basically, "negligence" is the doing of something that was unreasonable, or the unreasonable failure to do something that should have been done. In a leash-optional dog park, the dog owner still must do what is reasonable, such as keep his or her dog on a short leash if the dog is unruly, easily scared, not socialized, unneutered, has provoked fights with other dogs, or has any known dangerous propensity, such as the habit of jumping on people.

If the owner of such a dog fails to keep it on a leash in a leash-optional park, or allows it to cause injury to person or dog in a manner that could have been prevented, the victim should still prevail on a claim that the conduct of the dog owner was unreasonable, and therefore negligent. To read more about negligence, see the discussion of it in Legal Rights of a Dog Bite Victim.

Suits against local governments

The victim of a personal injury or injury to the victim's dog probably will not prevail on a claim against the local government entity that established the dog park. Generally, there are immunities that protect government entities from many claims; if the entity believed that it was doing something beneficial for the community, it is hard to get around the immunity.

However, failure to enforce its own rules and regulations may result in governmental liability. Dog parks frequently are governed by special rules that are either posted or part of the local municipal code. If an irresponsible dog owner has a habit of breaking those rules, and the local animal control officers do nothing despite being informed, a person who sustains personal injuries or injuries to his or her dog may prevail against the municipality.

Assumption of the risk

Adults and mature children who voluntarily encounter a known risk are usually deemed to have consented to the injuries they receive as a result of that particular risk.

If you go to a no-leash dog park and you are injured by a dog, under circumstances other than a bite where the dog would not have injured you if it was leashed, then there is a very good argument that you assumed the risk. After all, you knew that leashes were optional at the park, but you went there anyway to take advantage of the same leash-optional law that resulted in your own injuries.

However, the assumption of risk doctrine will not be used against a responsible dog owner who goes to a dog park that is frequented by an irresponsible dog owner who fails to follow the rules of the dog park. The law states that every person can assume that others will abide by the law. Therefore, one does not assume the risk that another user of a dog park will violate the rules of the park. For that reason, courts will not permit this doctrine to be used as a shield for unreasonable or unlawful conduct.

Similarly, the assumption of the risk doctrine will not be used to permit a dog owner to evade responsibility when he brings a dangerous dog into a dog park. (See the next section.)

Bites and injuries resulting from a dangerous propensity of the attacking dog

In every state, the owner or possessor of a dog having a dangerous propensity (i.e., the propensity to jump on people or bite people) is strictly liable for injuries that result from the dog's dangerous propensity. So, if a dog owner knows that his dog likes to jump on people and knock them down, and if that happens in a leash-optional area, the dog owner will be liable under state law.

Also, most states have laws imposing strict liability on dog owners whose dogs actually bite someone, irrespective of whether the dog previously bit anyone. These laws still apply, even though the bite occurs in a dog recreation area where leashes are optional.

If a dog owner knows that his dog has the dangerous tendency to attack and fight with other dogs, he should not bring that dog into a dog park. Doing so would be not only negligent but would constitute a reckless disregard for the safety of other dogs, the rights of other dog owners, and the safety of other dog owners. A dog owner should be held fully responsible for all resulting injuries to other people and their dogs. The doctrine of assumption of the risk should not apply because the victim cannot be regarded as accepting the risk of such negligent, reckless and possibly illegal conduct.

To find out how to investigate whether a dog has any kind of a dangerous propensity, see Investigating the Attacking Dog.

Guidelines for dog parks

If you are thinking about establishing a dog park or a dog run, consult with an attorney familiar with the area where the new facility will be. You also should read a copy of Attorney Kenneth Phillips' article, The Perfect Dog Park, which gives guidelines to ensure safety, harmony and accountability. You can download a free copy from the Dog Bite Law Bookstore.

As a starting point, here are some guidelines that will promote safety and hopefully limit liability:

There should be adequate fences that dogs cannot dig under or jump over
There should be adequate parking so that dog owners can drive to the dog park and park their cars in the parking area, as opposed to walking large numbers of dogs on nearby streets, and taking up precious parking spaces required by the residents
There should be at least one gate that securely latches (consider using two gates, so that a dog rushing through the first cannot get past the second)
Visible signs should establish rules
Users should be advised that they will be using the park at their own risk, including but not limited to the risk of being bitten, being knocked down, tripping, etc.
The number of dogs per person must be limited
The age of users must be limited
Professional dog walkers should register (at least)
Every dog must wear a collar
Every owner must possess a leash upon the person of the owner (for taking the dog to and from the car or the park)
Every dog must display its license or registration tag (illegal dogs are denied privileges in the park; important if there are problems in the park)
Every dog must be current on its vaccinations
Every person bringing a dog to the park must possess a driver's license or government-issued identification card (important if there are problems)
No dog shall be left unattended by its owner
No dogs allowed if previously adjudicated to be dangerous
No dogs allowed that previously have bitten or injured a person or another animal
No dog allowed that is known to initiate fights with other dogs
Dogs to remain on leash at all times, coming to and from dog run
All violations will be investigated and one of the possible penalties is revocation of privilege
There is a prominently posted address for complaints, which will be reviewed in a timely manner
There will be a board or other body that will make decisions regarding enforcement and application of penalties

Remember to see your local lawyer. The foregoing is intended only as a helpful guideline.

www.dogbitelaw.com and each of its sections and products, including Dog Bite Law, The Dog Bite Law Adviser, Dog Bite Litigation Forms, What To Do If Your Dog Is Injured Or Killed, Avoiding Liability When You Train, Shelter or Adopt-Out, Anatomy of a Dog Bite Case, and the foregoing text, are (c) 1999-2009 Kenneth M. Phillips. All rights reserved. Reproduction in whole or part prohibited except where advance permission is granted in writing. Please read the disclaimer and our rules for linking and quoting. Reporters seeking interviews are welcome to contact us by clicking here.