Idaho Dog Bite Laws

Idaho has a dog bite statute that makes owners liable without proof that they knew the dog was dangerous, subject to the defenses written into the law.

Idaho dog bite law at a glance

What Idaho law says

• Idaho Code 25-2810(11) imposes civil liability for attacks on non-trespassing people without justified provocation.
• Owners of law enforcement dogs have immunity (25-2808).
• Owners are liable for dogs that injure livestock (25-2806).

Strict liability vs. the one-bite rule

Under a strict liability statute, the owner is responsible for the injury even if the dog never showed aggression before and the owner was careful. The victim does not have to prove the owner knew the dog was dangerous; the main defenses are the ones written into the statute, such as provocation or trespassing.

Dangerous dog rules in Idaho

• An at-risk dog bit without justified provocation without serious injury; a dangerous dog caused serious injury or attacked again after an at-risk finding (25-2810).
• Courts can order enclosure, leash and muzzle, identification and signs, and euthanasia in serious cases.
• Violating a court order costs $200 to $5,000 for a first offense, rising to up to 12 months in jail and $9,000 for a third offense within 15 years (25-2811).
• Local governments may adopt stricter rules (25-2812).

Deadline to file a claim

Justia's 50-state survey lists 2 years as the general personal injury deadline (statute of limitations) in Idaho. 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 Idaho leash laws.

Sources

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