Getting bitten by a dog is scary. It happens fast, it hurts, and then you’re left wondering what to do next.
Alabama has specific laws about dog bites. Knowing them could protect your health, your money, and your rights. Let’s break it all down.
What Are Alabama’s Dog Bite Laws?
Alabama’s dog bite laws decide who is responsible when a dog hurts someone. They cover bites, attacks, and injuries caused by dogs.
These laws also set rules for what happens to the dog and its owner after an attack. Pretty important stuff, right?
Alabama uses a mix of two different legal approaches. That’s what makes its laws a little more complex than other states. Stay with me here, it’s easier to understand than it sounds.
The Basic Dog Bite Statute
Alabama’s main dog bite law is found in Code Section 3-6-1. It says dog owners are responsible when their dog bites or injures someone without being provoked.
But here’s the catch. This law only applies in specific situations. The bite must happen on the owner’s property. Or the dog must have chased the victim off the property before biting them.
Wondering if this applies to your situation? If a dog bit you while you were a guest at someone’s home, you were almost certainly in a place you had a legal right to be. That matters under this law.
You also cannot have done anything to provoke the dog. Provoking a dog can reduce or eliminate the owner’s responsibility.
The One-Bite Rule: Alabama’s Tricky Exception
Here’s where things get interesting.
Alabama also follows what is called the “one-bite rule.” This rule comes from old case law. It basically says that if a dog has never bitten or acted aggressively before, the owner might not be fully responsible the first time.
The idea is that owners need a reason to know their dog is dangerous. If their dog has never shown any aggression, they might not have known there was a risk.
Honestly, this is the part most people miss. Many people assume dog owners are always 100% responsible. That’s not always true in Alabama.
But here’s the good news. If the owner did know their dog was dangerous and failed to act, they are fully liable. That includes damages for medical bills, lost wages, and pain and suffering.
Emily’s Law: Alabama’s Biggest Dog Bite Update
In 2018, Alabama passed a game-changing law. It is called Emily’s Law.
The law is named after Emily Colvin, a 24-year-old woman killed by a pack of dogs at her home in Jackson County in December 2017. Her death shocked the state. Lawmakers moved fast.
Governor Kay Ivey signed Emily’s Law on March 8, 2018. It took effect on June 1, 2018. It changed everything about how Alabama handles dangerous dogs.
Okay, this one’s important. Before Emily’s Law, many counties had no clear system for dealing with aggressive dogs. The new law fixed that.
What Is a “Dangerous Dog” Under Emily’s Law?
Emily’s Law created a formal definition. A dangerous dog is any dog that has bitten, attacked, or injured a person without justification.
This applies to any breed. The law does not target specific breeds. It focuses on behavior, not bloodlines.
Police dogs used in law enforcement are excluded from this definition. Makes sense, right?
Once a dog is declared dangerous by a court, the owner has serious responsibilities. Failure to meet those responsibilities can result in criminal charges.
How a Dog Gets Declared Dangerous
Someone has to file a sworn statement. They submit it to a city magistrate or county sheriff. The statement identifies the dog, the owner, and the reason they believe the dog is dangerous.
An animal control officer then investigates. If the officer believes the dog is dangerous, the case goes to court. The dog may be held during that time.
A judge then decides whether the dog is legally dangerous. The owner has a chance to present their side.
A friend asked me about this process recently. She was surprised that it goes through court. Most people assume it is just an animal control decision.
Penalties for Dog Owners
Now, here’s where things get serious.
Emily’s Law created clear criminal penalties. The level of punishment depends on the severity of the attack and whether the dog was already declared dangerous.
If a dog has been declared dangerous and attacks someone causing serious injury or death, the owner can be charged with a Class B Felony. That means two to 20 years in prison and fines up to $30,000.
If a dog was not previously declared dangerous but attacks someone causing serious injury or death, and the owner knew the dog was risky and ignored it, the owner faces a Class C Felony. That carries one year and one day to 10 years in prison and fines up to $15,000.
A Class A Misdemeanor applies when a declared dangerous dog causes injury that is serious but not life-threatening. That means up to one year in jail and fines up to $6,000.
A Class B Misdemeanor covers situations where a non-declared dog injures someone and the owner knowingly failed to prevent it. That brings up to six months in jail and fines up to $3,000.
Think of the felony charges like a serious car accident caused by a driver who ignored known brake problems. The owner knew there was a risk. They did nothing. That is why the law is harsh.
What Happens to the Dog
The court decides what happens to the dog too. This depends on how serious the attack was.
If the dog caused serious injury or death, the court may order the dog to be humanely euthanized. That is a hard outcome, but it is the law.
If the attack was less severe, the dog may be returned to the owner. But the owner must follow strict conditions.
Those conditions can include keeping the dog in a locked enclosure, always using a leash and collar outside, and paying a surety bond. The bond is basically a financial guarantee to cover costs if the dog attacks again.
Owners who fail to follow these conditions face Class C misdemeanor charges. A second violation is a Class B misdemeanor.
Alabama’s Contributory Negligence Rule
Wait, this part is important.
Alabama follows a strict rule called contributory negligence. Most people don’t realize how serious this rule is.
Here is what it means for you. If you contributed in any way to causing the dog attack, you might receive zero compensation. Not less money. Nothing.
Other states only reduce your payment if you were partly at fault. Alabama is much stricter. Even being just a little bit at fault can wipe out your whole claim.
So if you were teasing a dog, ignoring warning signs, or in a place you were not allowed to be, this rule can hurt your case. A lot.
Rabies Quarantine Rules
After a dog bite, Alabama law requires the dog to be quarantined. A licensed veterinarian supervises the quarantine.
The quarantine is for rabies observation. It is required by law under Code Section 3-7A-9.
You cannot move, sell, give away, or relocate a dog that has bitten someone until the quarantine is officially over. Doing so is illegal.
If you think the dog that bit you might be rabid, call the Alabama Department of Public Health right away at 1-800-252-1818.
How Long Do You Have to File a Claim?
You are not alone if you’re not sure about deadlines. This confuses a lot of people.
In Alabama, the deadline to file a personal injury claim is two years from the date of the bite. This is called the statute of limitations.
Miss that deadline and you lose your right to seek compensation. Period. So don’t wait too long to take action.
What Compensation Can You Receive?
If the owner is responsible, you can seek compensation for many things.
You can recover money for current and future medical bills. You can also claim lost wages if the injury kept you from working. Rehabilitation costs, prescription medications, and ambulance fees are covered too.
In serious cases, you may also be able to recover non-economic damages. Those cover things like pain, suffering, and emotional distress.
If the owner knew the dog was dangerous and acted recklessly, courts may award even more.
What to Do After a Dog Bite in Alabama
Here is what you need to do right away.
First, get medical attention immediately. Even small bites can cause infections. This is not the time to tough it out.
Second, report the bite. If the dog cannot be safely restrained, call 911. If you are no longer in danger, call your local police non-emergency line.
Third, collect information. Get the dog owner’s name and contact info. Take photos of your injuries. Write down what happened while it is fresh.
Fourth, report it to animal control. Animal control officers are required to investigate dog bites under Emily’s Law.
Fifth, keep records of everything. Save all medical bills, doctor’s notes, and receipts. This will help if you pursue a claim.
Finally, talk to a lawyer. Dog bite cases can get complicated quickly, especially with Alabama’s contributory negligence rules. A personal injury attorney who handles dog bites can help you understand your options.
Frequently Asked Questions
Does Alabama’s dog bite law apply if I was bitten off the owner’s property?
The main statute applies on the owner’s property or when the dog chases you off it. However, you may still have a claim under negligence laws if the owner failed to contain their dog.
What if a dog bit me but didn’t break the skin?
Any injury, not just puncture wounds, can be covered. Bruising, scratches, or other harm from a dog attack may still give you grounds for a claim.
Can I sue if the dog bit my child at a neighbor’s house?
Yes. Children bitten while legally on someone’s property have the same protections as adults. Parents can file a claim on behalf of a minor child.
What if the owner says their dog has never bitten anyone before?
That is part of the one-bite rule defense. However, other signs of aggression, like growling or lunging at people, can still show the owner knew the dog was a risk.
Can a landlord be held responsible if a tenant’s dog bites someone?
Possibly. If a landlord knew a tenant had a dangerous dog and did nothing, they can sometimes be held liable under negligence laws.
Does Emily’s Law apply to all of Alabama?
Yes. Emily’s Law is a statewide law. It applies to every county and city in Alabama.
What if the dog’s owner has no money or insurance?
This is a real challenge. A lawyer can help you explore all possible sources of recovery, including homeowner’s or renter’s insurance policies.
Final Thoughts
Alabama dog bite laws are not simple. You have got the basic statute, the one-bite rule, Emily’s Law, and strict contributory negligence rules all working together.
The most important things to remember are these. Get medical help first. Report the bite right away. Keep records of everything. Talk to a lawyer before giving any statements to insurance companies.
Now you know the basics. If a dog ever bites you or someone you love, you will know your rights and what steps to take next.
