Alaska Dog Bite Laws
Dog attacks can lead to serious injuries, like bone fractures, heavy scarring, puncture wounds, and eye injuries, which can result in substantial medical costs. Over $1 billion worth of dog bite claims were paid out in 2022, based on data collected by the Insurance Information Institute and State Farm. Even more concerning were the findings brought to light in a resolution from the Alaska Federation of Natives; according to this report, the majority of natives hospitalized for dog bites were children.
This is why it is important to know your legal rights when you or a loved one gets attacked by a dog. Incidents like this are not unlikely — in fact, according to 10-year data from the National Center for Health Statistics, 43 citizens die due to dog bites/attacks per year on average.
This article contains information regarding Alaska’s dog bite laws, including the deadline to file a dog bite case, how the owner’s liability is determined, what damages you can claim, and what you should do after getting bitten.
Dog Owner Responsibilities in Alaska
Most jurisdictions, including Anchorage, Sitka, Juneau, and Wasilla, require owners to have their dogs registered/licensed and rabies-vaccinated upon reaching a certain age. This establishes dog ownership and makes it easy to identify the liable owner when a dog bite incident happens.
However, in divorce cases, being the licensed owner does not automatically mean you get dog custody. Spouses can establish ownership of the dog by proving who shouldered most of the pet’s expenses (food, vet, etc.) and who the primary caretaker was. Alaska has a unique statute, Section 25.24.200(c), which also takes into consideration the dog’s “well-being” when deciding which spouse takes ownership.
Aside from licensing, owners must abide by their dog’s care and control responsibilities. This is important as Alaska has several statutes allowing the lawful destruction of dogs that habitually annoy other animals, run at large, or are considered dangerous to others.
Alaska Statutes Section 03.55.100 mandates the following minimum standards of care:
Adequate food and water.
Environment that keeps the dog safe and in good health.
Adequate veterinary care.
Alaska does not have a statewide leash law. However, most cities and towns have local ordinances regarding the physical and behavioral control of dogs. Both the boroughs of Juneau and Anchorage require the following of dog owners:
Keep dogs leashed or monitored, except in off-leash areas.
Pick up and properly dispose of dogs’ fecal matter.
Confine potentially dangerous dogs.
Confine in-heat dogs to prevent unplanned breeding.
Prevent dogs from disturbing the community by making frequent noise (barking, howling, etc.).
Prevent dogs from defecating on or destroying public property/areas or someone else’s private property.
Alaska also has no state laws regarding the control or prohibition of specific dog breeds. But it does prohibit keeping wolf-dog hybrids as pets.
Liability Standards in Alaska Dog Bite Cases
An individual may be held liable for a dog bite injury in Alaska under the standards of negligence, negligence per se, and the one-bite rule.
One-Bite Rule
Alaska is one of the few states with no dog bite statutes. However, a precedent for using the “one-bite rule” to judge dog bite cases has been set by the Alaska Supreme Court in the case of Hale v. O’Neill (1971).
Under the one-bite rule, the dog owner shall be held liable for any injury resulting from the dog’s propensity for aggression that the owner knew about or should have reasonably known.
There are three points to prove if you are claiming damages under this rule: the dog’s tendency to harm, the owner’s knowledge of this tendency, and the resulting injury to others. Note that the dog need not have previously bitten someone else for this rule to apply.
To judge the dog’s tendency to harm others, the court may look at the following points in the dog’s history:
Fight training.
Fighting other dogs.
Biting or trying to bite people.
Jumping on people.
Frightening or threatening people.
Negligence and Negligence Per Se
Filing a negligence claim against the owner is another way for dog bite victims to recover compensation for injuries. This claim is commonly used when the dog has no history of being vicious.
Negligence may be claimed if the owner had a duty of care toward the victim. For example, guests and mail carriers are understood to be owed a duty of care since they are invited (implicitly in the case of mail carriers) into the owner’s property.
If the owner fails to secure their dog or post a warning sign about the dog, they may be held liable if the dog attacks the guest/carrier.
When a dog bite injury is a result of its owner or caretaker breaking the law, it is a case of negligence per se. As mentioned in the previous section, most communities in Alaska have local legislation mandating dogs to be leashed and supervised. If you have been bitten by a dog that was left unleashed when there is an existing law against it, you can claim that the owner committed negligence per se.
Defenses
The usual defenses against dog bite cases are:
That the owner did not know of the dog’s dangerous propensity.
That the victim was partially at fault (provocation, trespassing, etc.).
If there is no evidence that the dog previously showed signs of potentially being harmful, it may be difficult to prove the owner’s liability. Worse, the owner may claim that the victim caused the bite to happen by provoking the dog to attack in self-defense.
Provocation may or may not entirely free the dog owner from liability, but it will reduce the victim’s compensation due to Alaska Statutes Section 09.17.060. Common instances of provocation include:
Pulling on or stepping on the dog's tail.
Hitting the dog.
Trapping or cornering the dog in a tight space.
The victim may also be partly to blame if they are trespassing, causing the dog to behave defensively in response to their unexpected presence. However, the court may still hold the owner liable in exceptional situations, such as cases involving children who may not understand that they are trespassing. It is best to consult a dog bite attorney in this case.
Police and Service Dogs
The state has no statute specifically exempting handlers of police and service dogs from lawsuits. In cases involving police dogs, most people sue under 42 U.S.C. Section 1983. This federal law allows citizens to sue for damages if the dog bite results from police misconduct, e.g., excessive or unreasonable force. For example, a suspect is already apprehended and in handcuffs when the police officer orders the dog to attack.
Statute of Limitations in Alaska for Dog Bite Cases
The statute of limitations refers to the time you have to file a lawsuit after the dog bite occurred. Under Alaska Statutes Section 09.10.070, dog bite victims must file a personal injury case within two years of the incident. Not filing within this prescribed deadline may result in the case’s dismissal.
There are, however, exceptions to this statute of limitations. One such exception is when the victim is still a minor or has a mental disability. According to Section 09.10.140, the two-year deadline will only start counting after the victim reaches majority age (18 years) or has recovered mental competence.
Under Section 09.10.130, the statute of limitations may also be paused if the dog owner/defendant is out of state.
Civil Penalties for Dog Bites in Alaska
Dog bite cases are mostly settled by filing a claim with the dog owner’s liability insurer. Homeowners’ and renters’ insurance policies commonly include liability coverage to pay for damages caused by the policyholder’s pet dog.
Damages you can seek compensation for include:
Medical bills.
Lost earnings.
Property damage, if any.
Pain and suffering.
Wrongful death: funeral and burial/cremation costs, loss of companionship for surviving family members.
Minor victims: expenses the parent/guardian incurred for the victim’s care.
If the dog bite victim fails to settle with the insurance carrier or the dog owner does not have liability coverage, the victim can file a lawsuit to seek damages in court instead. Aside from the damages mentioned above, the court may also award punitive damages if the case involved recklessness or malice on the dog owner’s part.
Criminal Penalties for Dog Bites in Alaska
In 2019, an Anchorage dog owner was charged with reckless endangerment (misdemeanor) and second-degree assault (felony) for leaving their dog off leash when the same dog had already bitten someone else before.
Misdemeanor convicts can get up to one year of imprisonment, while felony convicts get a maximum of 10 years. The dog owner may also lose their pet since Alaska law allows vicious dogs “running at large” to be killed by private persons or the government.
While local regulations vary among Alaska municipalities regarding criminality in dog bite cases, assault is usually charged when the owner allows the dog to injure someone through lack of control or by command.
Reporting and Handling Dog Bite Incidents
If you have been bitten or attacked by a dog, it is advised to take the following steps immediately:
Wash the wound with soap and water, and cover with sterile dressing.
Get medical assistance immediately.
Inquire about rabies or tetanus vaccination.
Get information from the dog owner/handler: contact details, insurance information, and the dog’s vaccinations.
Take note of the dog’s description and the location, time, and date of the incident.
Take photos/videos of the dog and your injuries.
Report the dog bite to the local animal control unit or police department.
Consult with a dog bite lawyer.
Reporting Dog Bites
Local ordinances also require Alaskans who know about a dog bite incident to report it to the community’s animal control or police department. The Alaska Department of Health offers a list of animal control contacts to call regarding dog bite incidents.
The Borough of Anchorage imposes a stiff $100–$250 penalty for not reporting a dog bite. It is estimated that more than 500 dog bites go unreported in the community. In Wasilla, failing to report dog bites within 12 hours is considered an infraction.
The reporting requirement is generally imposed on the dog owner, the bite victim, the medical practitioner who treated the bite, and any veterinarian who suspects rabies infection. Dog bite reporting is important as it establishes the dog’s biting history, which can be used by future victims. Reporting also allows the authorities to monitor the dog for rabies infection.
How To Find a Dog Bite Attorney in Alaska
When looking for a personal injury attorney to work on your case, it is important to choose one who is experienced in dog bite lawsuits and the local ordinances governing animal care and control.
It is advised that you do not talk to the dog owner’s insurer before you can consult a lawyer. The insurer may use the details you tell them to minimize your insurance payout. They may also have you sign a release form that prevents you from pursuing compensation. Without qualified legal representation to protect your rights, the insurance company may offer you a lowball settlement or deny your claim.
You can find listings of licensed attorneys in your area from the Alaska Bar Association or from listing companies that handpick personal injury lawyers based on reputational research and comparisons.
Most injury attorneys take on cases on a contingency basis. This means they only get paid if they are successful at obtaining compensation for the client. Generally, the client would not have to pay for legal fees out of their pocket in this arrangement. Instead, the attorney will take a percentage of the client’s compensation as their legal fee.
Other Resources for Dog Bite Victims in Alaska
Alaska Department of Health
The department offers a wide variety of resources regarding rabies and dog bites. These include an animal control contact list, a video of a dog with rabies, and informational materials about rabies for kids and travelers. It also has a rabies prevention and control manual for health professionals.
Alaska Legal Services Corporation
The nonprofit organization caters to vulnerable and low-income residents. Its attorneys can provide legal advice and representation in civil cases. You can apply for legal aid by starting the application process online or by calling their hotline at 1-888-478-2572.
Alaska Free Legal Answers
This is a virtual legal clinic for Alaskans who are in need. It does not provide legal representation but answers questions regarding civil matters. You need to register online to be able to submit your questions. The legal clinic has licensed attorneys who will provide personalized answers via email.
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