North Dakota Dog Bite Laws

In the United States, the number of people bitten by dogs reaches over 4.5 million annually, according to the Centers for Disease Control and Prevention. Almost one in five of these victims needs some form of medical attention, translating to over 800,000 individuals receiving treatment for their injuries. The Insurance Information Institute also noted that in 2022 alone, the total value of dog bite claims nationwide rose to over $1.1 billion.

Dog bites can happen anywhere, from the streets to even the safety of one’s home. It can also happen to anyone, with CDC data showing children to be the most prone to serious harm.

In light of these figures, this article aims to help people in North Dakota learn about the laws and legal options involved in such cases. It will also offer insight regarding ordinances related to proper dog ownership and control within the state.

Dog Owner Responsibilities in North Dakota

Through Title 40, Chapter 05 of its Century Code, North Dakota grants municipalities the authority to create their respective ordinances for public safety. Specifically, Sections 42, 44, and 47 allow the creation of laws covering animal cruelty, nuisances, and restraint. This is to prevent dogs from ending up in situations where they might harm other people.

North Dakota also has statewide statutes with similar provisions. For instance, the state classifies dogs that routinely harass people on the streets as public nuisances. If an owner has been cited for letting their dog become a public nuisance, they will be required to restrain the animal to prevent further violations.

Furthermore, North Dakota has a rabies control law that follows the 2016 Compendium of the National Association of Public Health Veterinarians. This law specifically requires dog owners to have their pets vaccinated against rabies. Any owner who fails to do so will be held liable for the medical expenses of those who are bitten by their dog and potentially exposed to rabies.

Examples of City-Specific Laws

One example of North Dakota’s Title 40, Chapter 05 provisions at work can be found in Ray. The city requires all dog owners with pets that are over four months old to be licensed and vaccinated. Additionally, it has a law that prohibits dogs from running at large and requires them to be leashed when in public.

If a dog in Ray has been caught running at large three times in one year, it can be classified as a nuisance. The same classification applies to dogs that bark continuously or during unreasonable hours. Courts may order the humane killing of nuisance dogs that habitually run at large.

The city of Bismarck also has its own pet-related regulations. It impounds any injured or sick dogs that are caught running at large; their owners will be held liable for the costs involved. Any owner seeking to redeem an impounded dog must request a hearing within three days of being notified of the impoundment.

Like in Ray, all dogs in Bismarck must be licensed, though the city imposes this requirement on dogs aged over six months instead of four. As a prerequisite for a license, a dog’s owner must also prove that their pet has been vaccinated against rabies. The license becomes obsolete when the dog’s last vaccination expires.

Breed-Specific Legislation in North Dakota

One significant issue that dog owners should take note of is breed-specific legislation. This involves laws that restrict or ban the ownership of certain dog breeds. These provisions stem from studies on how these specific breeds pose a greater risk of harm to people.

While North Dakota does not enforce breed-specific legislation on a statewide scale, some municipalities have their own ordinances for it. In particular, pit bulls are banned in areas like Cando, Devils Lake, and Watford City. Other cities, such as Ray and Bowman, also ban breeds like Rottweilers, Doberman Pinschers, and Staffordshire Bull Terriers.

Dangerous Dogs

North Dakota localities also enforce laws related to dangerous dogs. These statutes generally categorize such canines as those that attack people or animals unprovoked. In addition, they can include those that have seriously harmed or killed someone. Areas with breed-specific legislation also classify banned breeds as dangerous.

Cities tend to have harsher restrictions for the owners of such dogs. For example, Grand Forks requires a dangerous dog’s owner to obtain liability insurance and contain the animal in accordance with local regulations. Meanwhile, the city of Fargo states that dangerous and potentially dangerous dogs must be registered.

Liability Standards in North Dakota Dog Bite Cases

Unlike some states in the country, North Dakota does not have a statewide statute that specifically governs liability in dog bite cases. Instead, the state generally follows the principle of basic negligence. This means that a victim must prove that the owner was negligent in handling or restraining their dog.

Courts in North Dakota may also require a victim to prove that:

• The dog owner was aware of their pet’s vicious tendencies.

• They failed to prevent any injuries stemming from these tendencies.

In addition, strict liability rules will apply if a dog owner violates North Dakota’s rabies control law, even if they were not negligent. As mentioned above, any dog owner who fails to have their dog licensed or vaccinated will be held liable for any injuries or damages caused by their pet.

On the other hand, there are instances where North Dakota’s liability rules may not immediately apply. There is also a chance that a victim is deemed partially liable for their own injuries. This can occur if:

• They were abusing, tormenting, or taunting the dog.

• They were trespassing on the dog owner’s property.

• They were committing a crime against the dog’s owner or another person.

In some of these cases, North Dakota’s modified comparative fault doctrine may take effect. According to this rule, a partially liable victim will have their awarded damages deducted based on the percentage of their assigned fault. Moreover, if they are found to be over 50% liable, they will be barred from recovering any damages.

Internal reference/s:

• https://www.ndlegis.gov/cencode/t23c36.pdf#nameddest=23-36-09

• https://www.dogbitelaw.com/one-bite-state/north-dakota-dog-bite-law/

• https://nicoletlaw.com/north-dakota-dog-bite-lawyer/

• https://www.findlaw.com/state/north-dakota-law/north-dakota-negligence-laws.html

Police Dogs

Unlike with ordinary dogs, pursuing damages in bite cases involving police dogs can be more complex. These animals are trained specifically to attack people, meaning general liability rules may not apply. Cities like Grand Forks also do not classify police dogs as dangerous, exempting them from the restrictions that apply to such canines.

However, police dog handlers can be sued if:

• Their dog attacks a person outside of a police operation.

• Their dog attacks a bystander or someone other than a suspect.

• They order their dog to attack a person who is only committing a minor violation.

Veterinarians and Animal Workers

Veterinarians and animal workers know that they may get bitten while carrying out their duties. As such, it can be difficult for them to sue an owner and receive compensation if they are injured by a dog. In spite of this, they may file a suit for damages if:

• The dog’s owner brought the animal into their clinic without permission.

• The dog’s owner failed to warn them of the animal’s temper or tendency to bite.

• The dog bit them before they agreed to work with it.

Statute of Limitations in North Dakota for Dog Bite Cases

The statute of limitations for dog bite claims and lawsuits in North Dakota is six years. This period starts on the date a victim incurs an injury. They must file their suit within this time or risk having their case dismissed.

However, the statute can be paused in scenarios where the victim is:

• Under the age of 18;

• Legally insane;

• Serving time in prison for a term shorter than a life sentence.

In these cases, the six-year timeframe will only begin or continue once the victim turns 18, recovers from their insanity, or is released from prison.

Penalties for Dog Bites in North Dakota

Dog owners in North Dakota can face penalties depending on the violations involved when their pet bites someone. This is on top of any damages that they may be held liable for. These sanctions are based on the ordinances in the city where a liable dog owner lives.

For example, Watford City imposes a maximum civil fine of $500 for the owner of a dog that is considered dangerous or a nuisance. If the person commits a similar offense within one year of the previous one, they will face a class B misdemeanor charge.

If an owner fails to have their dog vaccinated or lets their pet run at large, they will be fined $100. If they fail to pay or attend a required hearing, they can also be cited for contempt and imprisoned.

Similarly, Devils Lake has its own penalties for the owners of dangerous, nuisance, or at-large dogs. The first and second offenses will result in a civil infraction. If an owner commits a third offense within two years, they will be charged with a misdemeanor. The sanctions for this include a maximum fine of $1,000, imprisonment for up to 30 days, or both.

Reporting and Handling Dog Bite Incidents

If a dog bite incident occurs, it is important for the victim not to panic. Instead, they should focus on cleaning their wound with warm water and soap and then seek immediate medical aid. If the injury is serious, they must go to the nearest medical facility to have it treated.

During this time, the victim should also gather information about the dog that bit them. If possible, the animal has to be contained for further observation in case it shows signs of rabies.

Furthermore, the incident must be reported to the nearest public health unit and law enforcement department, as well as the Division of Disease Control. As the incident is being investigated, the victim can start preparing an injury claim against liable parties.

How To Find a Dog Bite Attorney in North Dakota

Certain complexities can make it difficult for dog bite victims in North Dakota to establish a claim. This is mainly because of the ordinances involved, which vary from city to city. A victim must also take their total losses into account before determining the damages they wish to pursue.

To alleviate these potential issues, it is recommended for victims to seek the help of a dog bite attorney or a personal injury lawyer.

Other Resources for Dog Bite Victims in North Dakota

North Dakota State Board of Animal Health - Rabies Reporting Protocol

The North Dakota State Board of Animal Health has an online advisory that informs people on what to do in case they are bitten by a dog or exposed to rabies. The advisory provides details on what to report and which agencies to notify. It also enumerates the costs and processes involved in testing for rabies.

North Dakota Health & Human Services - Rabies FAQs

The Rabies FAQs section on the North Dakota Health & Human Services website can be accessed by users who wish to learn how to identify and prevent rabies-related risks. People can also check out the PDF copy of the NDHHS Rabies Exposure Assessment Algorithm through the website.

The City of Fargo - Pets & Stray Animals

The City of Fargo’s website has a section that provides information on local ordinances concerning pets and stray animals. Additionally, it provides instructions on what to do and where to report when encountering a wandering, dangerous, or nuisance dog within the city.