Oklahoma Dog Bite Laws

Oklahoma 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.

Oklahoma dog bite law at a glance

What Oklahoma law says

• 4 O.S. 42.1 covers unprovoked bites of people lawfully present.
• Lawful presence includes performing duties, reading meters, invited visits and public places (42.2).
• The act does not apply in rural areas or towns without city mail delivery (42.3).

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 Oklahoma

• A potentially dangerous dog bit a person or killed a dog without provocation; a dangerous dog caused severe injury or reoffended after notice (4 O.S. 44).
• Registration requires a locked enclosure of 150 square feet per dog, warning signs and at least $50,000 liability coverage (45).
• Outside its enclosure the dog must be muzzled and held by a responsible person over 16 (46).
• A dangerous dog that kills a person makes the owner guilty of a felony (42.4(B)).

Deadline to file a claim

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

Sources

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