Arkansas Dog Bite Laws
As of 2023, Arkansas has been the seventh state with the highest number of pet owners throughout the country. 69% of the state’s total residents own a pet, with 51.6% of them owning dogs. Because of this and the possibility that dogs can harm people under different circumstances, dog bites can occur at a frequent rate in the state.
In a study of dog-related injuries in Arkansas, researchers have found a higher risk of dog bites among children below the age of five. They have also deduced that even among family dogs, the threat of injury is still present, even more often than people initially realize. This shows how these incidents can happen even within the relative safety of one’s home.
To help victims in Arkansas weigh their legal options, this article will provide them with information concerning the state’s dog bite laws. It will also present ordinances related to dog ownership and the guidelines that one must follow when bitten by a dog.
Dog Owner Responsibilities in Arkansas
Cities throughout Arkansas have their own specific laws and regulations that encourage responsibility among dog owners. These are enforced to prevent pets from harming or disrupting anyone and ensure that they are kept in a healthy condition.
For instance, the city of Little Rock has the following rules in place:
All dogs must be contained within a fence or pen or leashed to an approved trolley system.
Any dog that is at least four months old must be licensed by the city; this license must be on a collar or harness that is worn by the dog at all times.
Any dog confined in a pen must be kept clean and not emit any foul odors.
No person is allowed to keep a dog who disturbs the peace of neighboring people through constant barking or howling.
Meanwhile, animal-related ordinances in the city of Jonesboro include the following:
All dog owners must remove and properly dispose of any dog waste left in public or private spaces.
All dogs must be kept in a shelter that provides adequate protection against the elements and has access to fresh, clean water.
All dogs must have a tag on their collar or harness at all times; the tag must contain the owner’s name, address, and contact number.
Each city also limits how many pets a person can own unless they have a kennel permit. For example, Little Rock allows people to own up to four dogs or cats. Similarly, residents in Hot Springs cannot own more than four animals, whether they are dogs or cats. On the other hand, Jonesboro allows a maximum of five dogs that are more than three months old.
In terms of statewide regulations, Arkansas has a Rabies Control Act that requires all dog owners to have their pets vaccinated against rabies. However, this law does not prevent cities from prohibiting dogs from running at large, regardless of whether they have been vaccinated or not.
Breed-Specific Legislation in Arkansas
Researchers at the Ohio State University have identified specific dog breeds that pose the greatest risk of biting children. These include pit bulls and mixed breeds, as well as those that have wide, short heads and weigh between 66 and 100 pounds. Most of these breeds are banned by certain states throughout the country.
Presently, Arkansas also disallows people from having these dogs. Each municipality determines which dogs are prohibited, with most of them covering similar breeds. More than 30 cities in the state have banned dog owners from owning pit bulls. In addition, localities like Little Rock, Dardanelle, and Carlisle ban the following types of dogs:
American Pit Bull Terriers.
Staffordshire Bull Terriers.
American Bulldogs.
Any dogs that are similar to or a mixture of these breeds.
Liability Standards in Arkansas Dog Bite Cases
Arkansas does not have any state-wide civil statute that specifically governs liability in dog bite cases. Like with its ordinances for dog ownership, the state allows each city or county to develop its own laws for dog bite liability.
One example is Benton County, which follows strict liability rules. This means dog owners in the locality will be liable for damages regardless of whether they were negligent or not.
However, Arkansas does enforce civil liability rules when it comes to dog bites in general. This allows victims to pursue and recover compensation from a dog owner through a personal injury claim. Liability is determined by proving the elements of negligence, as follows:
The dog owner owed the victim a duty of care (by properly restraining their dog or following local ordinances).
The dog owner breached that duty of care.
The victim suffered harm.
The dog owner’s breach of duty is the proximate cause of the victim’s injury.
Furthermore, the state has an “unlawful dog attack” provision that follows strict liability if the following factors are present:
The person who owns a dog is aware that the animal can attack without provocation.
They negligently let the dog attack another individual.
The dog has caused serious physical injury or death as a result.
When this occurs, the dog owner in question will be held strictly liable for any resulting damages. They will also be charged with a class A misdemeanor.
Cases Concerning Veterinarians and Police Dogs
There may be instances where a dog bite injures a veterinarian. Normally, these professionals are aware of the risks that come with their job. Regardless, they can still sue for damages, depending on the scenario involved.
An example would be if a dog owner failed to inform a veterinarian of their pet’s temper or tendency to bite under stress. Another example is if a dog owner brings their pet into the veterinarian’s clinic without any prior agreement or permission.
Another unique case can involve police dogs. If these canines bite a person who is suspected of a crime in a police operation, their handlers cannot be sued for damages. However, this does not apply if the dog bites someone outside of this scenario.
Dog Bite Defenses
There are arguments that dog owners can use to counter the claims of victims. For example, the victim may have provoked the dog in question or aggravated it through abuse or teasing. Additionally, they may have been trespassing or doing something unlawful that prompted the animal to bite them.
Certain localities in Arkansas have previously classified the following acts as provocation:
Physically striking a dog.
Approaching a dog’s proximity.
Reaching inside a fence or enclosure where a dog is confined.
Shouting at a dog.
Tugging at a dog’s chain or leash.
Statute of Limitations in Arkansas for Dog Bite Cases
Under Arkansas law, dog bite victims are given up to three years to take legal action. This deadline generally begins counting down from the date when the incident occurred. If a victim fails to file their suit or claim within this given deadline, the court will most likely dismiss their case.
If the person who is entitled to take legal action ends up dying from their injuries before they can file a suit, their relatives or representatives can file on their behalf. In this case, they will be given one year to do so, starting from the person’s date of death.
Furthermore, Arkansas “tolls” or pauses its three-year statute of limitations if the victim in a case is under the age of 21 or legally insane. When this happens, the statute will only begin counting down from the date when the person turns 21 or recovers from their insanity.
Penalties for Dog Bites in Arkansas
Because Arkansas lacks a state-wide civil statute that governs dog bites, offenders are penalized under criminal law. As mentioned above, any person who negligently lets their dog harm another individual will be charged with a class A misdemeanor.
As such, the court may order liable dog owners to pay for a victim’s medical bills. In line with the state’s penalties for class A misdemeanors, they can also be fined up to $2,500 or sentenced to one year in jail.
It should be noted that if a victim wishes to recover damages related to pain and suffering, they must file a personal injury claim. This is because the state’s “unlawful dog attack” provision only awards compensation for medical costs.
Reporting and Handling Dog Bite Incidents
According to the Arkansas Department of Health, any person who gets bitten by a dog must immediately wash the wound with soap and water. If needed, they must go to a doctor to have the wound treated and to determine if they need an anti-rabies shot. In addition, they may be asked to go to a physician for a tetanus shot.
When a bite occurs, the incident must also be reported to the local authorities, an animal control officer, or the local health department. The victim must provide a description of the dog that bit them and the environment where the incident happened.
Meanwhile, the dog who bit the victim must be confined to a facility and observed for a minimum of 10 days, if possible. This is to check whether the canine will develop any signs of rabies. If the dog is a stray, it can be killed immediately without confining. Its skull must then be removed and tested for rabies.
A veterinarian must examine a dog if they become ill while the observation period is in effect. The local health unit must also be notified of the development. If the dog develops any signs of rabies within 10 days, it must be humanely killed, and its skull must be submitted for rabies testing. If the dog shows no signs of rabies after 10 days, the victim can be declared safe from the disease.
How To Find a Dog Bite Attorney in Arkansas
Once a dog bite victim has received treatment and adhered to the aforementioned protocols, they can begin pursuing compensation from negligent parties. Because each city in Arkansas has its own set of regulations for dogs and biting incidents, it is important to speak to an attorney who is familiar with these ordinances.
Other Resources for Dog Bite Victims in Arkansas
Arkansas Bar Association
People can visit the Arkansas Bar Association website to look for an attorney within their area using the organization’s Find a Lawyer service. There is also a directory of legal links that can provide information involving different legal areas, including the Arkansas Code and federal laws.
Arkansas Department of Health - Rabies Assessment
The Arkansas Department of Health is open 24/7 for those who wish to determine whether they have been exposed to rabies through an animal bite. Its website also provides information on bite prevention and reporting. For additional inquiries, contact the State Public Health Veterinarian at (501) 280-4136 or (800) 633-1735 (for concerns after normal business hours).
ABA Free Legal Answers - Arkansas
ABA Free Legal Answers allows Arkansans to submit questions related to civil law matters through email. Any available volunteer lawyers on the platform will address their queries. However, they cannot provide attorney referrals or answer questions related to criminal issues.
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