Dog Leash Laws
Dog leash laws apply to dog bite lawsuit when a dog is off leash and bites you. Plead Negligence Per Se as a theory of recovery in the dog bite lawsuit to recover money damages. Dog leash laws are ordinances, regulations, codes or statutes that prohibit off lease dogs. The purpose of dog lease laws is to prevent dog bite attacks. Sometimes the animal control or police incident report will cite a violation of the dog leash law and impose fines imposed on guilty dog owners.
Dog Leash Laws: Negligence Per Se
Negligence Per Se theories are better than general negligence theories. Since once your establish it by evidence, the burden of proof shifts to the defendant to prove that he is not negligent. Now, this is very difficult since there usually are no such facts.
Dog Bite Complaints: Neligence Per Se vs. Common Law Strict Liability
There is no requirement to prove that the dog owner had knowledge of his dog’s vicious propensity. Also known as scienter , knowledge of the biting dog’s viciousness is not an element of proof .
Offers of Proof: Dog Leash Law Violations
Offer into evidence the (1) citation (2) payment of the citation (3) admissions (4) responses to request for admissions (5) pics of any posted “No Dogs Off Leash” sign (6) animal control and police reports (7) dated photos of culprit biting dog off lease in violation of leash laws (8) witness statements.
Dog Bite Answer: Clean Up After Your Dog
It is not a defense to the lease law that its purpose is to cause dog owner to clean up after their dog. Sometimes a posted sign will also state “Leash and Clean Up.” We understand that dogs will poop whether on lease or off leash.
Ultimate Facts in Dog Leash Law Cases
- Did the dog owner, keeper or harborer violate a law;
- Was the violation of the law cause an injury;
- Did the injury result from the kind of occurrence the law was designed to prevent; and;
- Was the plaintiff a member of the class of persons the statute or regulation was intended to protect