Dogs are one of the most lovable creatures on the planet. They are loyal, faithful, and a great companion of humans. However, all dogs are not the same, and some can be aggressive or dangerous, and can cause harm to humans. In such cases, dog bite laws in Oklahoma come into play to determine liability for the injury. In this article, we will take a closer look at dog bite laws in Oklahoma, what they entail, and the liability associated with them.
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The Oklahoma Statute on Dog Bites
According to Oklahoma Statute Title 4, Section 42.1, dog owners are held strictly liable for any damage or injuries caused by their dogs, irrespective of whether the dog has been identified as dangerous or vicious. The statute states that if any dog hurts or injures any person while the person is in a public place or lawfully in a private place, the owner of the dog is liable for the damages caused, regardless of the owner’s knowledge about the dog’s dangerous nature. This means that a dog owner cannot use ignorance as a defense in a dog bite lawsuit in Oklahoma.
Understanding Liability in Oklahoma Dog Bite Cases
In Oklahoma, there are two types of liability:
Strict Liability
Dog owners are held strictly liable for injuries or damages caused by their dog. This means that the owner is responsible for any harm caused by their dog, irrespective of whether the owner had knowledge of the dog’s aggressive nature.
Negligence
If the dog owner knew about the dog’s aggressive tendencies before the incident and failed to take reasonable actions to prevent the dog from biting someone, the owner can also be held liable for negligence.
Defenses for Oklahoma Dog Bite Cases
There are some scenarios where the dog owner may defend themselves against a lawsuit, such as:
- Self-defense: If the person who suffered the dog bite provoked the dog or acted aggressively towards the dog, the owner may not be held liable.
- Trespassing: If the person who suffered injuries was trespassing on private property or was unlawfully present on public property, the owner may defend themselves against the lawsuit on these grounds.
Damages Recoverable in Oklahoma Dog Bite Lawsuits
Victims of dog bites in Oklahoma can recover various damages, including:
- Medical expenses: The victim can recover reasonable medical expenses incurred to treat injuries caused by the dog bite.
- Lost income: If the victim was unable to work due to the dog bite, they can recover lost wages.
- Pain and suffering: The victim may also seek damages for pain and suffering caused by the bite. This includes the physical and emotional distress caused by the incident.
Conclusion
Dog bites can be traumatic and life-altering for the victim. In Oklahoma, the law holds dog owners strictly liable for any damages caused by their dog, even if they did not have knowledge of the dog’s aggressive nature. If you have been bitten by a dog in Oklahoma, it is imperative that you consult an experienced personal injury attorney to help you navigate the legal process and recover the damages you are entitled to.