Mississippi Dog Bite Laws
Every year, over 4.5 million people in the United States are reported to be bitten by dogs. The U.S. Centers for Disease Control estimates that almost one in five of these victims requires medical attention; on average, more than 800,000 victims are treated annually. Children are found to be more susceptible to grievous injuries, apart from being the most frequent victims.
The American Veterinary Medical Association iterates that dog bites can happen at any time, even with family pet dogs. While certain breeds are said to be more dangerous than others, any dog can still harm another person or animal, depending on its behavior or mood at a certain time and its history. This makes it difficult at times to prevent bites from occurring.
To alleviate the complications caused by a dog bite incident, this article will help Mississippians learn about dog bite laws in the state. In addition, it aims to raise awareness for those who wish to learn about the state’s regulations concerning dog ownership.
Dog Owner Responsibilities in Mississippi
Dogs Running at Large
Dog owners throughout Mississippi must be mindful of the laws the state enforces to ensure the safety of both their pets and other people. One example is how animals are prohibited from “running at large” or wandering without restraints within any municipality. To prevent this, cities in Mississippi require them to be restrained with a leash within their owner’s property. The length of the leash depends on the ordinance for each area.
Any dog caught at large in Mississippi will be impounded and eventually sold to cover impoundment costs and penalties, which vary from area to area. In Jackson, for instance, a person who lets their dog run at large will be fined $50.
Pet Licenses
To help identify dogs in case they are on the loose or get lost, certain localities within Mississippi require owners to have their pets licensed. An example is the city of Starkville, where owners must get a license for their dogs which is renewed annually.
An owner can apply for a dog license by visiting any local office of the U.S. Department of Agriculture’s Animal and Plant Health Inspection Services division. The fee can change depending on whether or not a dog has been spayed or neutered.
Rabies Vaccination
Under Mississippi law, all dog owners must have their pets vaccinated for rabies if they are at least three months old. After the initial inoculation, their dogs must be vaccinated annually thereafter. Any licensed veterinarian or health official must carry out the procedure.
As an additional requirement, a vaccinated dog must always wear a collar with a tag that is approved by the state board of health. The tag must contain the dog’s vaccination serial number and the year it was inoculated.
If a dog is caught roaming around and does not have the required tag to prove that it has been vaccinated, it will be killed. In addition, any dog owner who does not comply with the vaccination and tag requirements will be fined.
Noise Control
Municipalities in Mississippi have their respective ordinances related to noise control where dogs are concerned. For example, residents in Poplarville may file nuisance complaints against any dog owners whose pets bark, bray, or howl continuously. Local authorities can cite or even arrest an owner for the violation, while their dog may be impounded.
Likewise, Vicksburg has its ordinances that regulate excessive and bothersome noises within city limits. Any dog that creates an unreasonable amount of noise can be reported to the local police department. If found liable for the offense, the dog’s owner can be charged with a misdemeanor and fined.
Breed-Specific Legislation in Mississippi
Currently, Mississippi is one of the states in the country that enforces breed-specific legislation. This means that it regulates the ownership of dog breeds that have been identified as potentially dangerous in recent studies. Owners of these breeds often face stricter requirements in terms of their dogs’ confinement and restraint.
Many areas in Mississippi focus their ordinances against pit bulls. Some municipalities choose to restrict pit bull ownership, while others directly prohibit it. As such, it is best for residents to check what their area’s rules are.
Among the localities that restrict pit bull ownership are:
Meanwhile, areas that ban them include:
Certain municipalities, like Tupelo and Gautier, simply classify pit bulls as “dangerous.”
Organizations like the American Veterinary Medical Association oppose breed-specific legislation, stating that dogs can harm people regardless of their breed. They also point out how such laws cause people to discriminate against certain canines and their owners. In spite of this, Mississippi has yet to change its stance on the matter.
Dangerous Dogs
Similar to restricted and banned breeds, dangerous dogs in Mississippi are regulated under stricter ordinances. In general, municipalities in the state classify dangerous dogs in essentially the same way. A dangerous dog is categorized as such based on the following factors:
It has severely injured people or animals on or off its owner’s property without provocation.
It attacked or threatened to attack a person or animal after it had already bitten someone before.
Some areas of the state also classify certain dogs as “potentially dangerous.” These can refer to those that inflict non-serious injuries to people or domestic animals. They may also include those that chase a person with the apparent intent to attack.
Liability Standards in Mississippi Dog Bite Cases
Liability in dog bite cases in Mississippi is determined by proving whether the dog owner involved was negligent. For example, if an owner lets their dog run at large, their actions will count as negligence if the dog bites someone. Consequently, they will be held liable for the resulting losses.
Mississippi also follows the principle of the one-bite rule. This states that a dog owner will be held accountable for their pet’s actions if they are aware that the animal has a high risk of biting people. This also applies if the dog has already bitten someone before. The one-bite rule will take effect regardless of the owner’s negligence.
However, there are instances where a victim may be considered partially liable for their own injuries. Generally, they involve either of the following scenarios:
The victim was trespassing when they were bitten.
The victim was tormenting, provoking, or taunting the dog prior to the incident.
When this occurs, the victim’s total damages may be reduced under Mississippi’s pure comparative negligence doctrine. The amount deducted will be dictated by the percentage of the victim’s assigned fault. A partially liable victim will be able to recover damages even if they are 99% at fault.
Concerning Veterinarians and Police Dogs
Mississippians should note that negligence rules do not immediately apply in dog bite cases concerning veterinarians or police dogs. In cases under the former category, the assumption of risk can be taken into account. This means that a veterinarian generally accepts the risk of being bitten while treating a dog.
On the other hand, the assumption of risk may not apply if a dog owner brings their pet to a veterinarian’s clinic without permission. Similar instances can occur if the veterinarian had not yet consented to treat the dog when they were bitten. This allows them to sue for damages.
Similarly, victims of police dog bites may find it difficult to sue since these animals are trained to attack offenders. However, a handler may be sued if a police dog bites someone outside of a police operation. They may also be held liable if they directed the dog to attack someone who committed only a minor violation.
Statute of Limitations in Mississippi for Dog Bite Cases
Dog bite victims have a maximum of three years to take legal action against liable parties, starting on the date when they were bitten. If a victim does not file their lawsuit within this given time frame, their case will be dismissed by the court.
However, Mississippi may pause the statute for victims who are minors or mentally unsound. It will only start or continue counting down once a victim has reached the age of 21 or recovered from their mental disability. However, the statute cannot be delayed for more than 21 years.
Penalties for Dog Bites in Mississippi
In addition to paying damages, liable dog owners in Mississippi can face different sanctions depending on the area they live in. This can occur if their dog was running at large, lacking a leash, or unvaccinated when it bit a victim. Initial violations result in civil penalties, while subsequent ones can lead to criminal sanctions.
One example can be found in Jackson, which imposes a civil penalty of $50 on dog owners who let their pets run at large, as mentioned above. If an owner fails to pay within 72 hours from the time of their dog’s impoundment, they will be charged with a misdemeanor. The resulting penalty is either a fine of $25 to $500, imprisonment for up to 30 days, or both.
Another example is the city of Flowood, which penalizes those who let dangerous or “vicious” dogs run at large or fail to have their pet vaccinated. These violations result in a misdemeanor charge, which comes with a fine of $25 to $1,000 or imprisonment for a maximum of 90 days.
Reporting and Handling Dog Bite Incidents
The first thing a person should do if a dog bites them is seek immediate medical attention. If the injury is serious, they must go to the nearest medical center. They must also receive anti-tetanus and rabies shots if necessary.
The victim or anyone present at the incident must report the bite to the local authorities and animal control officers. They will investigate the matter and contain the dog if possible. From there, they can determine whether the animal is dangerous and assess if its owner has committed any violations.
Upon being treated, the victim can cooperate with the authorities by relaying what happened and providing necessary information. They can also begin gathering evidence in preparation for an injury claim.
How To Find a Dog Bite Attorney in Mississippi
Because dog bite laws in Mississippi differ depending on the municipality, it can be difficult for victims to learn which ones apply to their cases. When pursuing compensation, they must also take into account their total damages and the liability of the dog owner involved. To make things easier, they can approach a dog bite lawyer who knows about these matters.
Other Resources for Dog Bite Victims in Mississippi
Mississippi Bar Association
The Mississippi Bar Association helps residents who are looking for potential legal representation through its lawyer-related resources. It also has a directory of pro bono clinics and organizations that low-income individuals and families can access.
Mississippi Board of Animal Health - Rabies Resources
People can check the Mississippi Board of Animal Health’s website for resources concerning rabies prevention and related laws. It can also redirect users to other sources of information on how to address and prevent animal bites.
The Humane Society of South Mississippi - Clinic Services
The Humane Society of South Mississippi is an animal welfare organization that assists local residents in having their pets spayed, neutered, or vaccinated. Its clinic is also open to those who seek to have their dogs microchipped, de-wormed, or examined for subsequent vaccinations. The organization can be reached at (228) 863-3354 or nfo@hssm.org.
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