When a Friendly Dog Turns: Proving the Owner’s Responsibility

Dog owners often claim, “My dog has never done that before!” But even if a dog has no known history of aggression, the owner may still be held responsible for the injury that occurs from a New Haven dog bite. This is where general negligence laws come into play, regardless of your state’s specific dog bite statute.

You can prove owner responsibility by showing a breach of the duty of care under the following common scenarios:

1. Violation of Leash Laws or Containment Ordinances

Every municipality has laws regarding leashing, fencing, and control of animals in public and private spaces.

• The Breach: The owner allowed the dog to run off-leash in a public park where leashes are required, or a faulty fence allowed the dog to escape onto the sidewalk.
• Legal Impact: Violating a clear law or ordinance is often considered negligence per se (negligence in itself). This significantly simplifies the victim’s task of proving the owner was at fault.

2. Failure to Control the Dog in a Known Situation

The owner has a responsibility to anticipate circumstances where their dog might react defensively or aggressively.

• The Breach: An owner brought a normally calm dog into a loud, crowded environment (like a street festival or a packed park) where the dog became anxious and lashed out. Or, the owner failed to properly restrain the dog when a child was playing nearby.
• Legal Impact: The owner failed to exercise the reasonable duty of care required to prevent a foreseeable risk of harm.

3. Negligent Keeping of a Dangerous Dog

In some cases, the owner may have failed to take proper precautions after the dog displayed minor aggressive signs that did not rise to the level of a prior “bite.”

• The Breach: The dog regularly barked aggressively at the mail carrier, and the owner knew the dog often dug under the fence but never reinforced the barrier.
• Legal Impact: This proves the owner was aware of the risk and took inadequate steps to protect others.

Key Takeaway: Even if the dog was “friendly” ninety-nine times out of a hundred, liability hinges on the owner’s actions (or lack thereof) immediately preceding the attack.