Idaho Dog Bite Laws

When a dog bites an individual, its owner can be held liable for the attack. Three out of 10 dog attack-related hospitalizations involve kids ages four and younger. However, regardless of who the affected victim is, it is crucial for an Idahoan to understand how liable dog owners are in the Gem State. Idaho dog bite laws seek to protect those who were harmed through rules that impose charges on owners who do not comply with strict requirements. 

Some of these laws require violent dogs to be put down. In one case involving an attack of four dogs against a Fort Hall mother and her son that led to his death, the animals were euthanized by tribal authorities.

This article aims to explain the responsibilities of dog owners in Idaho, as set by the state and various municipalities. It also includes the ways a person faces liability for dog bite incidents. Additionally, the article contains links to organizations that could help victims get back on their feet. 

Dog Owner Responsibilities in Idaho

Dogs are considered personal property in Idaho. As such, state laws — particularly those that address how property is valued — apply to dogs. 

There are multiple ways a dog owner can establish ownership of their pet. Veterinary records, bills of sale, and different photos of the same dog are examples of valid proof that an individual owns their pet. Microchips and license records are other forms of proof. 

Evidence of the pet’s ownership is crucial in situations where it runs off from its owner and gets lost. If another person finds the missing dog, they must notify an animal organization, like the Idaho Humane Society or IHS. It may shelter the pet until it can be returned to its owner.   

If the owner finds the dog and asks a friend to reclaim the animal, some organizations, like the West Valley Humane Society, require a permission letter attached with the owner’s signature and driver’s license.

A dog that is not reclaimed by its owner only has five days (excluding holidays and weekdays) before it is euthanized by a sheriff or his delegate. 

To avoid euthanasia, the stray dog will have to be adopted by the person who found it. 

Whether the dog is owned from the start or rescued, owners in Idaho need to know that they have responsibilities when it comes to their pets. The table below shows how the three largest cities in Idaho are similar in keeping their premises safe from irresponsible dog owners:

• Noise control refers to the requirement for dog owners to keep their pets from crying, barking, howling, or making other sounds that unreasonably disturb other people for an extended period of time. 

• Vaccination refers to the requirement for dog owners to ensure that their pets are protected against rabies.

• Leash and scoop refers to the requirement for dog owners to ensure that their pets are restrained through a leash in public places and that their feces are scooped and disposed of properly.

Breed-Specific Legislation in Idaho

According to the American Kennel Club, the most popular dog breed in Idaho is the Labrador Retriever. Known for being outgoing, friendly, and high-spirited, dogs of this breed are also popular in other states, like Oregon. 

However, some regulations imposed by various municipalities ban the ownership of certain breeds. This is known as breed-specific legislation, or BSL. It aims to decrease the risk of harm from specific breeds, including pit bulls. 

The view that there should be blanket restrictions against certain types of breeds is not accepted by others. They argue that BSL is difficult to enforce because of various factors: 

• People cannot easily identify dog breeds. In one study involving four animal shelters in Florida, the staff identified 55 dogs as pit bulls, even though only 25 were, based on DNA analysis. 

• BSL might lead to racial discrimination. The controversial pitbull ban in Denver, for instance, was enforced primarily in communities of color, according to a study from the University of Denver. 

• Responsible dog owners are unfairly penalized. The American Veterinary Medical Association believes breed bans unfairly punish dog owners who properly train and socialize their pets. 

Other people see BSL differently. DogsBite.org, a nonprofit organization, argues that a breed ban is a proactive policy to prevent attacks from dangerous dogs. They point out that between 2005 and 2019, 76% of all dog-related deaths were caused by rottweilers and pit bulls. The organization also refers to data from the Information Insurance Institute, which shows that the national average cost per dog bite claim grew by over 130% from 2013 to 2022.

Because there is no unanimous agreement over BSL, municipalities may have different policies. Although Idaho has no statewide ban, some counties and cities maintain restrictions. Payette County, for example, does not allow residents to own pit bulls without strict requirements. These include a $1-million liability insurance policy and sterilization. 

BSL regulations can impact a dog owner’s life, which is why they should consult an experienced Idaho attorney to determine how to meet the requirements set by the county where they reside. 

Liability Standards in Idaho Dog Bite Cases

Idaho follows the one-bite rule system when it comes to determining the liability of dog owners. In other words, if there is evidence that they knew that their pet was dangerous or that there were situations when it attacked someone in the past, the owner may be held liable. 

There are other ways individuals can face a lawsuit for their dog’s actions. As mentioned in this article, municipalities like Boise, Meridian, and Nampa require dog owners to restrain their pets on a leash in public places. If this requirement is not met and the dog bites someone, its owner may be responsible for the resulting injuries. 

Failure to warn a person that their dog can unexpectedly bite may also constitute negligence. 

In some cases, a dog bite does not automatically mean the victim can claim damages. There are different potential defenses that animal owners can use to escape liability, such as:

• The dog was defending them from threats like burglars.

• The dog was protecting its offspring. 

• The dog was lashing out against individuals who mistreated them.

Dogs may also bite a person because of justified provocation. Actions like intervening in a fight between two dogs will likely cause a bite. Attempting to harm the owner of a service dog can also constitute justified provocation. If the person was injured by such actions, they may have a harder time claiming damages. 

Some types of dogs are protected from liability. Examples are military or police dogs. Their owners or custodians cannot be held liable for injuries that arise from activities that require apprehension or arrest. 

Another thing to note is the assumption of risk. If the victim willingly performs actions likely to cause a dog to bite, their claim for damages can be invalid. A veterinarian is an example of a person who assumes the risk of dog bites since they work closely with such animals. 

Statute of Limitations in Idaho for Dog Bite Cases

The deadline to file a dog bite claim in Idaho is two years from the date of the injury. In cases involving wrongful death, the two-year deadline also applies. 

In some cases, the victim may be a minor. Idaho waits for a child to turn 18, the age of majority in the state, before the two-year deadline begins. In situations where the at-fault party is a government agency, the time limit to file a claim is shorter, at 180 days. 

Not filing within the provided deadlines can result in the dismissal of a dog bite case.

Civil Penalties for Dog Bites in Idaho

When a dog bites a person, its owner may face civil penalties. These vary depending on the location. For example, Ada County — which includes the cities of Boise, Meridian, and Eagle — may impound the dog. Owners then have to pay impoundment fees when they reclaim the animal. These can range from $15 to $90. 

In addition, if the county believes that the dog presents a safety risk to other individuals, it may be designated as dangerous. Owners of dangerous dogs have stricter requirements to follow, including: 

• Purchasing a liability insurance policy worth at least $150,000 if the dog bit a person. 

• Placing signs on the property to indicate that there is a “dangerous” dog in the area. A sign that only mentions “Beware of Dog” is not enough. 

• Neutering or spaying the dog. 

Criminal Penalties for Dog Bites in Idaho

If a court determines that an owner possesses a dangerous dog, they can face a misdemeanor charge unless they follow rules like attaching a muzzle to the dog every time it is off their property. 

A misdemeanor conviction leads to various penalties. These include a fine of up to $1,000, a stay in the county jail for a maximum of six months, or both. 

In Ada County, an owner whose dog bites a person without causing severe injuries is guilty of an infraction. This charge leads to a $150 fine. A misdemeanor charge applies if the dog causes serious injuries. 

Courts in different counties may impose different fines. In one instance, a prosecutor in Teton County charged a Driggs couple with two misdemeanor citations, which carry fines that range from $200 to $5,000. 

Reporting and Handling Dog Bite Incidents

When a dog attack occurs, it is crucial for the victim to report the incident to the police. When an attack is ongoing, one must call 911. If there is no longer a threat, individuals can call the non-emergency hotline of the local police department and submit a report. The responding officer decides if animal control needs to be called. 

Besides the local police, one may also contact animal organizations like the IHS. It takes in complaints over the phone at 208-343-3166. The IHS also responds to calls in Meridian, as the city maintains an agreement with the organization for animal welfare services. 

Cleaning the wound is important. Washing, applying antibiotics, and bandaging the affected area help prevent infection. Seeing a doctor may be necessary, especially if the skin was punctured. Other symptoms, including fever or a swollen wound, are compelling reasons to receive medical attention. 

When the emergency has subsided, the victim can contact an experienced Idaho lawyer to determine whether a claim for damages is valid. 

How To Find a Dog Bite Attorney in Idaho

Recovering compensation from those responsible after a dog attack can be complex. The bites from the animal might cause different injuries, including deep wounds, infections, lost fingers, and scars. But proving the liability of the dog’s owner is the key to each and every case. As such, one must consult with a legal professional to know how courts decide on the value of recoverable damages. 

There are also some situations in which the assistance of an Idaho attorney is crucial. Children 0–2 years old, for example, make up over a quarter of all victims who died from dog bites between 2005 and 2019. An Idaho attorney who knows how personal injury claims work may help dog bite victims recover fair compensation for their injuries. 

Other Resources for Dog Bite Victims in Idaho

Idaho Department of Health & Welfare

The Idaho DHW provides solutions for children and adults, including dog bite victims, with mental health needs. It has assisted Idahoans who are enrolled in Medicaid and also helps those not eligible for Medicaid apply for mental health services at multiple Regional Behavioral Health Offices. To reach the agency, one can call 208-334-6997 or email Questions@dhw.idaho.gov. 

Idaho Crime Victims Compensation Program

The Idaho CVCP enables access to financial reimbursement for victims and family members throughout the state. It helps them recover medical expenses and lost wages. As part of the application process, the victim must provide a range of information to the organization, which may range from medical records to insurance policies. To get more information about the program, call 208-334-6080 or 800-950-2110.

Idaho State Bar

The Idaho State Bar works to promote high standards in the advancement of justice. To fulfill its mission, it manages multiple programs, one of which is the Client Assistance Fund. This initiative allows individuals whose attorneys were dishonest to recover reimbursement up to $25,000. Note that losses covered by insurance contracts, bonds, or surety agreements are not covered. To contact the organization, one can call 208-334-4500 or email isbwebsite@isb.idaho.gov.