In Oklahoma, different laws apply to dog bite cases depending on various facts. We’ll take a look (only an overview—some facts would result in different outcomes) at dog bite law in Oklahoma. The two largest categories of dog bite law are cases where the bite happened within a village or city limits and in rural areas.
Dog Bite Liability
Oklahoma has a specific law pertaining to dog bites. It provides that the “owner or owners of any dog shall be liable for damages to the full amount of any damages sustained when his dog, without provocation, bites or injures any person while such person is in or on a place where he has a lawful right to be”. In other words, a dog bite victim has to prove the following to obtain damages from the dog’s owner:
- The dog’s owner;
- That the victim received a bite or other injury from the dog;
- That the victim was lawfully in the location where the bite occurred;
- That the victim did not provoke the dog.
A victim, under the statute, must pursue the dog’s owner to recover damages. Just because the bite occurred on someone’s land (not the dog’s owner) doesn’t make them responsible for the dog bite victim’s damages (but see discussion below). The dog owner is responsible.
If a victim wasn’t bitten or injured directly by the dog, the dog’s owner is not responsible under the statute. For example, if a dog chases a horse causing the horse to buck off its rider, the injured rider cannot recover from the dog’s owner unless the dog bit or directly injured the rider. Biting the horse is not good enough.
If someone is trespassing on another’s property and is bitten by a dog, the victim cannot recover because the victim was not lawfully on the location where the bite occurred. There are many technical aspects regarding whether someone is lawfully in a location.
Finally, if the dog bite victim provoked the attack, the victim cannot recover damages from the dog’s owner. For example, if a dog came up to the victim to be petted and the victim began kicking the otherwise friendly dog, the victim cannot recover damages from the dog’s owner because the victim provoked the attack.
It should also be noted that posting a “Warning Dangerous Dog” sign does not shield the dog’s owner from being responsible for a dog bite under the statute. It might be evidence to show that the bite was provoked, but warning alone is insufficient.
In certain circumstances, a property owner, who is not the dog’s owner, can be liable for damages caused by a dog bite. For example, a landlord might be liable for injuries caused by a tenant’s dog biting someone depending on the specific facts involved.
As you can see, Oklahoma’s dog bite law is complicated. Therefore, if you were attacked by a dog, you should contact an attorney with experience in dog bite cases, such as the Scott Ray Law Firm. We are here to help! Just call us at 580-248-5557.
The Rural Exception
The above-discussed law does not apply to rural areas. Specifically, it does not apply to “rural areas of this State or to any cities or towns that do not have city or village United States mail delivery service”. Thus, if the dog bite happens across the street from the city limits, a different law applies—the law of negligence. The law of negligence in dog bite cases, and its defenses, are beyond the scope of this article. It is detailed and has defenses that are quite technical. If you were attacked by a dog in a rural location or in a city or village with no U.S. mail delivery service, you should contact an attorney with experience in dog bite cases, such as the Scott Ray Law Firm. We are here to help! Just call us at 580-248-5557.
