Alabama Dog Bite Laws

Alabama has a dog bite statute, but it only covers certain situations; other cases follow traditional common-law rules.

Alabama dog bite law at a glance

What Alabama law says

• Ala. Code 3-6-1: the owner is liable if the dog, without provocation, bites or injures a person lawfully on the owner's property, or pursues them off it.
• Ala. Code 3-6-2 defines when a person is lawfully on the property.
• Ala. Code 3-6-3: if the owner had no knowledge of the dog's dangerous tendencies, liability is limited to actual expenses.
• Ala. Code 3-1-3 covers owners of vicious animals that are carelessly managed.

Strict liability vs. the one-bite rule

The statute imposes liability only in the situations it lists. Outside those situations, injured people rely on the common law: showing the owner knew or should have known the dog was dangerous (the "one-bite" rule) or that the owner was negligent.

Dangerous dog rules in Alabama

• Under Emily's Law (Ala. Code 3-6A-3), a dangerous dog is one that bit, attacked or injured a person without justification.
• A court decides dangerous-dog cases (3-6A-4); a dog that caused serious injury or death can be ordered euthanized.
• If returned, the owner must microchip, spay or neuter and vaccinate the dog, pay a $100 annual registration, carry a $100,000 surety bond and keep a proper enclosure with a warning sign; outside it the dog must be leashed with the owner present.
• A previously declared dangerous dog that causes serious injury or death makes the owner guilty of a Class B felony (3-6A-5).

Deadline to file a claim

Justia's 50-state survey lists 2 years as the general personal injury deadline (statute of limitations) in Alabama. The clock usually starts on the day of the bite. Different deadlines can apply to claims against a government agency or on behalf of a child, so confirm the deadline for your situation with a licensed attorney.

What to do after a dog bite

1. Get medical care, even for a small puncture; bites can become infected.
2. Get the owner's name, contact details and the dog's rabies vaccination status.
3. Report the bite to local animal control or the health department; many places require it so the dog can be observed for rabies.
4. Photograph the injuries and the location, and write down witness names.
5. Keep medical bills and records of missed work, and talk to an attorney before signing anything from an insurer.

If you own a dog that has bitten someone, follow any confinement order from animal control, keep the dog's rabies vaccination current, and consider working with a trainer or behaviorist. Leash rules are covered in Alabama leash laws.

Sources

1. Michigan State University Animal Legal & Historical Center: Alabama dog laws
2. Justia: Dog bite laws, 50-state survey
3. Michigan State University Animal Legal & Historical Center: Dog bite strict liability statutes