Oklahoma Dog Bite Lawyer

Oklahoma dog bites laws that apply include the following:

• 4-42.1. Personal injury by a dog—liability of the owner. It is the owner’s responsibility for any damages that occur or has occurred when his dog bites or injures any person while the person is in a place or in a place where the person has a right to be. The owner is fully liable.
• 4-42.2. Lawful presence on owner’s property, what constitutes—Public place. A public place includes any and all public building, parks, playgrounds, and recreational facilities, and any and all places of business, amusement, or entertainment, which are privately owned where merchandise, property, services, entertainment, or facilities are offered for sale, hire, lease, or use. For private property, the owner can still be liable for those individuals who do a performance of any duty on the property based on the laws of the state.

• People who read meters
• Make repairs to any public utility or service located on the premises
• When working on the private property at the request of the owner
• Any person entering the property on invitation
• Postal workers

• 4-42.3. Exceptions to application of act—Existing rights and liabilities.

This act does not apply to all rural areas of the state of Oklahoma.
This act does not apply to any cities or towns that do not have city or village United states mail delivery service.
Nothing in this will be interpreted as diminishing any right or liability for injury by dog bites now existing under the laws of this state.

DANGEROUS BREEDS

The top ten dog breeds responsible for causing the highest number of fatalities in the United States are, according to www.oklahomadogbitecenter.com:

• Pit Bull types
• Rottweilers
• German Shepherds
• Husky types
• Malamutes
• Doberman Pinschers
• Chow Chows
• Great Danes
• Saint Bernards
• Wolf-Dog hybrid types (crossbred)

Any dog is capable of biting, but the above ten are associated with being the most aggressive and dangerous. Not all dog bites are fatal or cause injury. Most bites happened to children under the age of 18.

It is important to know, a dog can cause injury, not only to a human but to small dogs as well.

Reasons a dog may attack:

• Neglect
• Mistreatment
• Bad temperament
• Being provoked or threatened

LIABILITY

Oklahoma law states that you, as an owner, are responsible for your dog attacking anyone on public property. If on private property and the dog attacks a person invited there or working for government agencies (i.e. postal worker), you are liable for their injuries.

If you are found liable for your dog’s actions, you may be sought out for the following:

• Emergency-related medical treatment and medications
• Future medical treatment needs like scar reduction surgery
• Psychological counseling to help cope with the traumatic event and fear
• Lost wages

Landlord liability

• In Miller v. David Grace, Inc., par. 24, 212 P.3d 1223 (2009) the Oklahoma Supreme Court said “this Court imposes a general duty of care upon landlords to maintain the leased premises, including areas under the tenant’s exclusive control or use, in a reasonably safe condition. This duty requires a landlord to act reasonably when the landlord knew or reasonably should have known of the defective condition and had a reasonable opportunity to make repairs.” The court went on to say:
• “The law is well-settled that a landowner has a duty to keep the premises in a reasonably safe condition, Jack Healey Linen Ser. Co. v. Travis, 1967 OK 213, ¶ 5, 434 P.2d 924, 926-27, and to warn others of any “hidden dangers, traps, snares, pitfalls, and the like.” Id. ¶ 5, 434 P.2d at 926-27 (citing Henryetta Constr. Co. v. Harris, 1965 OK 88, ¶ 3, 408 P.2d 522, 531-32 (Irwin, J., supplemental opinion on rehearing)). Excepted from this duty is the necessity of protecting from dangers so “open and obvious” as to reasonably expect others to detect them for themselves. Id. ¶ 5, 434 P.2d 926-27 (citing Henryetta Constr. Co. v. Harris, 1965 OK 88, ¶ 7, 408 P.2d 522, 531-32 (Irwin, J., supplemental opinion on rehearing)).”
• Based on the foregoing, it is clear that the victim of a dog known to the landlord to be vicious toward people can bring a claim against the landlord after being attacked by a dog belonging to a tenant. To put it another way, Oklahoma follows the one bite rule when it comes to dog bite claims against landlords and property owners. 

The Meaning of a “Potentially Dangerous Dog”

A “potentially dangerous dog” is:

• a dog that, when unprovoked, bites a human; or
• a dog that, when unprovoked, kills or severely injures a domestic animal.

The Meaning of a “Dangerous Dog”

A “dangerous dog” is:

• a dog that, when unprovoked, has inflicted severe injury on a human being. A severe injury means any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery.
• a dog that has been previously found to be potentially dangerous and the dog thereafter aggressively bites, attacks, or endangers the safety of humans; or
• a dog that has been previously found to be potentially dangerous and the dog thereafter kills or severely injures a domestic animal.

Legal Responsibilities of Dangerous Dog Owners

• Dangerous dogs must be registered with the state.
• Dangerous dogs must either be confined indoors or confined outdoors in a securely enclosed and locked pen or structure that prevents the entry of children, as well as the dog’s escape. The pen or structure must have secure sides and a secure top. When outside the enclosure, the dog must be muzzled and restrained by a substantial chain or leash and physically restrained by a responsible person over the age of 16.
• The owner must post the property with a clearly-visible warning sign that alerts people that a dangerous dog is on the property. The owner must also conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog.
• Dangerous dog owners must maintain liability insurance or a surety bond of at least $50,000, insuring the owner for any personal injuries inflicted by the dangerous dog.