Kansas Dog Bite Laws

According to the U.S. Centers for Disease Control, approximately 4.5 million individuals in the country are bitten by dogs annually, while only around 800,000 of those injured receive medical care for the bite. 

Dog bite incidents are commonplace even in vast states such as Kansas, where roughly over a thousand dog bite cases are reported yearly. Even with stringent laws, both state- and county-level, untoward incidents of dog bites continue to take place in the Sunflower State. These accidents can lead to life-changing injuries, disabilities, and, in extreme cases, death.

For this reason, dog bite victims must know the specifics of dog bite laws in Kansas. This can be helpful when navigating the rules that apply to various situations, like proving the dog owner’s liability, what to do after the accident, and how to seek legal counsel. 

This article will delve into Kansas dog bite laws — particularly the responsibilities of dog owners, the statute of limitations for dog bite cases, and legal resources to help Kansans ensure safe animal handling and ownership.

Dog Owner Responsibilities in Kansas

Dog owners in Kansas are required to register their pets annually. The annual registration fee is $10 for unaltered dogs and $5 for altered ones. “Altered” in this context means dogs who have been spayed or neutered.

In Kansas, it is also unlawful to keep more than two dogs in a household over the age of three months without acquiring a special permit from the government. These permits and licenses can be acquired through the city’s animal shelter or at a veterinarian’s office as long as they are authorized to process licenses. 

Rabies Vaccination Requirements in Kansas

There are no state-level requirements for rabies vaccination in Kansas. However, there are local and municipal laws in effect. 

One example is in Johnson County, where dogs three months old are required to be vaccinated against rabies. In Overland Park, dogs must first receive their rabies vaccination before they can be licensed by their owners.

To find out the details about the rabies vaccination ordinance in a specific county in Kansas, individuals can contact the city clerk.

Scoop and Leash Laws in Kansas

Similar to rabies vaccination, there are no statewide laws about dog waste. Most counties, however, have set rules regarding this matter. For instance, in Lawrence, if a pet owner does not clean up their pet waste on public and private properties, they can be fined no less than $10. However, this rule does not apply to dog owners who have a disability or those who own service dogs.

Moreover, it is unlawful for dog owners to allow their pets to run at large. In Kansas, dogs must be leashed in public areas to prevent bite accidents and conflict with other dogs. The dogs can only be unleashed in designated off-leash zones in the state, such as the Shawnee Mission Off-Leash Dog Park, Mutt Run Off-Leash Dog Park, and Hutchinson Dog Park.

Breed-Specific Legislation in Kansas

Pit bulls, German shepherds, and rottweilers are categorized as dog breeds that are most likely to bite. Due to the prevalence of attacks involving these breeds, over 700 cities in the U.S. have implemented breed-specific legislation. This rule is made to ban residents from keeping certain dogs in their households.

Breed-specific legislation was implemented to reduce the number of dog attacks on humans and other animals. In Kansas, there are different ordinances relating to breed-specific legislation.

The table below sorts out the banned breeds in various cities and the restriction level for each breed.

The following cities have similar ordinances banning residents from owning pit bulls:

• Alma, Altamont, Andover, Anthony, Argonia, Attica, and Auburn.

• Blue Rapids, Bucklin, and Burlingame.

• Chanute, Chapman, Clay Center, and Cottonwood Falls.

• De Sota, Deerfield, Dodge City, and Douglass.

• Ellinwood, Ellsworth, and Eureka.

• Fort Scott.

• Garden Plain, Greensburg.

• Holcomb and Holton.

• Independence.

• Jefferson County and Junction City.

• Kingman, Kinsley, and Kiowa.

• La Cyne, Liberal, Lincoln, Lindsborg, Louisburg, and Lyndon.

• Maize, Marquette, McLouth, Moline, Mound City, and Mount Hope.

• Neodesha and New Strawn.

• Ottawa, Overland Park, Overbrook, and Ozawkie.

• Paola, Park City, Parsons, Phillipsburg, Pittsburg, Plains, Plainville, and Prairie Village.

• Rossville.

• Salina, Seward County, and Solomon.

• Towanda.

• Ulysses.

• Waterville, Williamsburg, and Wyandotte County.

• Yates Center.

Liability Standards in Kansas Dog Bite Cases

Kansas abides by the one-bite rule, which means that in a dog’s first bite accident, the owner will not be responsible for the victim’s injuries as long as it’s proven that the owner did not know the dog was aggressive. “Aggressive” in this sense involves growling or snapping. 

However, there are exceptions to this rule, such as if the attack is severe,  involves mauling, or results in wrongful death. In this situation, the case will be subject to prosecution, regardless of whether it was the dog’s first bite. 

In dog bite cases, biting means that the skin is broken or bruised due to contact with the dog’s mouth or teeth. A few reasons dog bite cases happen are abuse, neglect, provocation, and lack of property supervision and training. 

After a dog’s first bite in Kansas, the animal will be documented as a vicious dog, and subsequent bites will increase the chances of the owner being liable for the victim’s losses.

There are, however, other instances where the dog owner will not be held liable for the victim’s injuries. One involves proving that the dog was protecting the owner or was provoked by the plaintiff. Actions that constitute provocation include hitting, yelling, or throwing objects at the dog. Moreover, if the bitten person was trespassing on the dog owner’s property, the owner will not be held responsible for their injuries.

Proving Dog Bite Liability in Kansas

To recover compensation in Kansas dog bite cases, victims must prove various aspects to hold the owner liable for their injuries.

For starters, they need to provide substantial evidence that they had the right to be on the property where the biting occurred and prove that they did not provoke the dog. The victim should also state information regarding the owner’s inability to use reasonable care to prevent the dog from attacking them. Finally, the plaintiff must prove that the bite caused their injuries.

There’s also a higher chance of establishing liability by proving that the dog has bitten someone before.

Kansas Comparative Negligence Law

Kansas follows the comparative negligence rule, which states that the victim’s compensation award will be reduced based on the percentage of their fault. For instance, it was proven that the plaintiff is 20% liable for their injuries; thus, the court will reduce their compensation by 20%.

However, if the victim was more than 50% responsible for the incident, they would be barred from recovering compensation from the dog owner.

Statute of Limitations in Kansas for Dog Bite Cases

Dog bite cases in Kansas mostly follow guidelines similar to those of other personal injury claims, including the statute of limitations. Kansas has a two-year statute for cases involving dog bites. This means that the deadline for the victim to file a case for their injuries is two years from the incident date.

If the victim fails to file a lawsuit within this given timeframe, they risk losing their right to receive compensation for their losses and hold the negligent party accountable.

Civil Penalties for Dog Bites in Kansas

Dog owners in Kansas are subject to civil penalties if their liability is proven in the case. These penalties involve paying monetary compensation to help the dog bite victim recover from their injuries.

This compensation will cover the victim’s economic, non-economic, and punitive damages. Economic damages such as lost wages and medical expenses like medications, surgeries, hospital stays, and rehabilitation can be quantified.

Non-economic damages make up for the victim’s mental anguish, physical pain, and emotional distress. On the other hand, punitive damages are established to punish the defendant, or the dog owner, for their willful or malicious actions toward the victim.

Kansas has no limitations on recoverable damages in dog bite cases.

Criminal Penalties for Dog Bites in Kansas

In the previous sections, it was discussed that certain breed types are banned in various cities in the state. In dog bite situations where the victim has identified that the dog in question was banned in the area, the owner will be charged with a class B nonperson misdemeanor for keeping the dog.

Class B misdemeanors in Kansas entail a $1,000 fine and a maximum jail time of six months. If the court does not select jail time for the dog owner’s penalty, it can choose probation as an alternative. Probation means that the defendant must comply with specific terms given by the court, which may include completing community service or remaining crime-free.

Reporting and Handling Dog Bite Incidents in Kansas

After a dog bite in Kansas, victims must immediately seek medical attention. It is unsafe to assume the injury is minor since these situations often lead to infections. Victims must also obtain the dog owner’s information and even the dog’s license, if possible.

Following this, victims must contact law enforcement to report the accident. Having witnesses on the scene would also be helpful, as their testimonies prove valuable when filing lawsuits and proving owner negligence.

Documenting the attack would also be beneficial for your case. This can be done by getting information on where the accident occurred and taking photos or videos of the situation.

Additionally, one of the most important steps after a dog bite accident is to contact a dog bite lawyer experienced in the field.

How to Find a Dog Bite Attorney in Kansas

Seeking a dog bite attorney in Kansas who has the expertise to handle cases similar to yours can be tricky since claims can vary from one another. To determine if an attorney can help you recover compensation for your injuries while upholding your legal rights, you can ask them specific questions before working with them.

These questions may involve their attorney fees, how much they’ve recovered on behalf of their clients, how long the case will take, and how they can help you file a lawsuit. If you’re viewing a law firm’s website, you can look at the reviews left by previous clients and determine if they’re the right firm for you.

Other Resources for Dog Bite Victims in Kansas

KC Pet Project

The Animal Services Division of the KC Pet Project operates animal control services in Kansas. This organization focuses on enhancing public safety, promoting pet retention, and creating a healthier environment for dogs and residents in the state. The Division, open from 7 a.m. to 7 p.m. daily, responds to calls involving reported bite accidents, animal-related code violations, and dog cruelty or abandonment matters.

Animal Control - Topeka

Topeka, one of Kansas's largest metropolitan areas, has a comprehensive Animal Control website dedicated to educating residents about dog bite laws. The website lists the contact information of the city’s animal control office, which is open from 8 a.m. to 5 p.m., Monday through Friday. Site visitors can access various resources on dog bite cases, such as the legal process to follow when bitten by a dog.

Animal Bite Management & Rabies Program

The Animal Bite Management and Rabies Program is run by the combined law enforcement and local animal control initiatives of Kansas City, KS, and Wyandotte County. This program aims to mitigate cases of rabies. Its website has a Rabies Exposure Determination Form, which can be filled out by a veterinarian, a healthcare provider, or an animal control officer to identify possible cases of rabies exposure.