Alabama Dog Bite Laws

In the U.S., children make up over half of the 4.5 million dog bite victims annually. They may also have increased chances of being bitten by a canine since 40% of U.S. households with children own at least one dog.

One 2023 case in Alabama involved a three-month-old baby who passed away after being attacked by a family pet, a wolf hybrid. Under state law, cities in Alabama can allow the ownership of wolf-type dogs.

The incident draws attention to the proper implementation of Alabama dog bite laws. It also highlights the responsibility of dog owners to ensure their pets do not cause harm.

The sections below will further discuss the rules surrounding dog bites in Alabama, which include helping both child and adult victims understand their legal rights and educating dog owners about their responsibilities related to pet ownership.

Dog Owner Responsibilities in Alabama

In Alabama, an individual or entity is considered the legal owner of a dog if they have the right of property over the dog or have permitted the animal to remain on their private premises. They will also be entitled to the same rights as the dog’s owner if they act as the pet's guardian and if the animal is in their care.

If one takes care of a stray dog, the pet will be legally theirs if it stays with them for more than 30 days.

Pet Custody

Under state law, pets are considered property that can be divided in a divorce. As such, divorcing couples must come to an agreement regarding the custody of their dog, like any non-living asset they divided during the proceeding.

If they can’t reach an agreement, the court will determine the pet’s ownership. One way of doing so is by looking into the income of each party. However, if one spouse has been in possession of the dog before the marriage, the pet will be deemed separate property, and custody will be given to the original owner.

Dog Vaccination, Confinement, and Leash Laws

Dog owners in Alabama are required to vaccinate their pets against rabies. The vaccines, including booster shots, can be administered every three months, annually, or tri-annually, depending on the veterinarian’s discretion. 

Alabama dog owners must also confine their dogs to the limits of their property. Failing to abide by this rule will result in a misdemeanor charge, along with fines between $2 and $50.

It’s worth noting that the dog confinement rule does not prohibit owners from taking their pets for a walk, as long as they are kept on a leash or otherwise restrained. However, this law does not apply to dogs involved in hunting games or agricultural work dogs engaged in their duties.

Dog Nuisance and Waste Law

Individuals who own dogs in Alabama are required to prevent or control their pets from creating a public nuisance, such as habitual barking, whining, or yelping. These behaviors may cause annoyance to people nearby, especially when they cause unpleasant odors or result in damage to properties, such as flowers, gardens, and shrubs.

In Alabama, dog owners must immediately remove their pet’s solid waste deposited in public areas, including sidewalks, public parks, or privately owned premises. Neglecting this rule has been quite prevalent, which is why cities like Tuscaloosa impose a $25 fine on owners for not picking up after their dogs.

Breed-Specific Legislation in Alabama

Alabama has laws that either restrict or prohibit the ownership of certain dog breeds.

The table below lists the breeds that are banned or considered dangerous in various cities in Alabama.

Pit bulls are one of the most banned breeds in Alabama. The pit bull may refer to:

• The bull terrier breed of dog.

• American pit bull terrier.

• American Staffordshire terrier.

• Staffordshire bull terrier.

• Any dog with the characteristics or appearance of a pit bull.

There are also laws that stipulate the proper handling or muzzling of regulated breeds. Moreover, for a dog to be considered dangerous, regardless of its breed, it needs to have a history of biting, attacking, or causing physical injury to someone, even without provocation.

Liability Standards in Alabama Dog Bite Cases

In Alabama, dog bite cases follow the legal concept of strict liability. This means that if a dog bites or injures someone without provocation, the owner will be liable for the victim’s injuries. 

However, this situation will only apply if the injured person has the legal right to be on the property. Examples of these individuals are guests and those delivering mail, reading the meter, and repairing any public utility on the dog owner’s premises.

Property management companies and landlords can also be held responsible for a victim’s damages if they were aware of the dog’s aggressive tendency before it bit someone. If the dog bites someone outside of the owner’s property, liability depends on whether the dog is previously known to be aggressive or dangerous.

In a dog bite situation, being bitten means a dog seizing the victim with its teeth, causing the skin to be gripped, pierced, or wounded, which results in physical injury. This is different from being attacked, which constitutes aggressive physical contact with the dog.

There can be different types of injuries a victim can suffer from a dog bite, such as broken bones, puncture wounds, lacerations, dislocation, bruises, or infection.

Mitigation of Damages for Dog Bites in Alabama

While it has been stated that a dog owner may be liable for damages if the bite occurs on their premises, there are situations where they can plead their case and avoid liability. For instance, they can prove that they had no prior knowledge of their dog biting anyone before.

If the owner is aware that their dog is infected with rabies or does not have an updated vaccine, they will pay double the damages that the victim suffered.

Meanwhile, if the victim’s actions contributed to the accident in any way, they may be prohibited from recovering compensation for their injuries. One instance is if they taunted the dog before the incident.

Statute of Limitations in Alabama for Dog Bite Cases

Dog bite incidents in Alabama fall under the category of personal injury, which has a statute of limitation of two years from the date of the accident. The statute of limitations is the deadline set to allow plaintiffs more time to prepare for their case.

If a plaintiff fails to file a case within this given time frame, they will be barred from seeking compensation for their injuries.

Civil Penalties for Dog Bites in Alabama

A dog owner must financially compensate the victim for the injuries the latter sustained from the incident. This compensation covers both economic and non-economic damages.

Economic damages include the victim’s current and future medical expenses, lost wages, physical rehabilitation, prescription medications, and ambulance costs, if applicable. There are also cases where the victim requires compensation to cover their mobility devices and home modifications, particularly if the dog bite was severe and altered their way of life.

Non-economic damages pay for the victim’s mental anguish, physical pain, emotional stress, and diminished quality of life.

Criminal Penalties for Dog Bites in Alabama

On June 1, 2018, Emily’s Law took effect in Alabama. This law is named after Emily Colvin, a 24-year-old woman who passed away due to severe injuries after a pack of dogs entered her front yard and attacked her.

This law imposes criminal charges on owners of dangerous dogs under the circumstances shown in the following table:

Emily’s Law also provides for increased penalties for repeat offenders. It also permits the state to take ownership of a dog that has bitten someone, potentially placing it for adoption if found fit. However, for dogs that are declared dangerous, humane euthanasia is an option.

Reporting and Handling Dog Bite Incidents

The Alabama Public Health Department has set procedures for what victims should do after a dog bite, such as seeking immediate medical attention and reporting the incident to the police, especially if the dog cannot be restrained.

If the incident is over and the victim does not feel in danger, they can contact the non-emergency number of their local police station.

If the victim determines that the dog that bit them is rabid, they need to report the bite to the Alabama Department of Public Health by dialing 1-800-252-1818. Victims of rabid dog bites will also be asked to fill out an ADPH Rabies Exposure Report.

Even if the bite seems minor, a victim needs to get medical attention to make sure there are no underlying injuries or infections. It would also be helpful for them to:

• Identify the dog that bit them and get the owner’s contact information if possible. This information will be useful when reporting the incident and for future case filings.

• Thoroughly clean the wound using soap and water, and apply an antiseptic to avoid infection.

• Secure a record of the incident, along with the record of medical treatment that they received.

How To Find a Dog Bite Attorney in Alabama

In addition to seeking medical attention and reporting the dog bite accident, victims have the option to file a lawsuit against the dog owner for the injuries they sustained. They can do this by working with an experienced local attorney who can guide them through the claims process.

An attorney can help them investigate their case, prove the dog owner’s liability, negotiate settlements, and even take their case to court if necessary.

Other Resources for Dog Bite Victims in Alabama

Alabama Department of Health

The Alabama Department of Health is dedicated to protecting, promoting, and improving the health of the state’s residents as well as their animals.

It has a dedicated page that delves into the complex issue surrounding rabies, which is a deadly viral disease infecting the spinal cord and brain of animals like dogs. This page is dedicated to helping dog owners understand the importance of having their dogs vaccinated against rabies, potentially saving them from hefty fines if their dog bites someone.

DogsBite.org

DogsBite.org is for those who want to access information about dog bites in their area. When using the website, users can look up consolidated reports, attorney recommendations, and dog bite laws in Alabama, as well as other states in the U.S. It also has information regarding dangerous dog breeds and the laws that govern owning and keeping such breeds.

Greater Birmingham Humane Society

The Greater Birmingham Humane Society promotes the humane treatment of animals in Alabama through advocacy and education. It offers animal control and care services, which include handling and assisting with bites and attacks by aggressive dogs and other pets, dealing with uncontrolled domestic animals, and educating people about responsible pet ownership.