Oklahoma Dog Bite Laws

Dogs may be man’s best friend, but they are dangerous and possibly deadly given the proper circumstances. In the year 2021, there were 81 dog bite-related deaths across the country. There were also 468 fatalities within a 10-year period, which translated to an average of 43 deaths per year.

It is no surprise that dog ownership is a highly regulated situation that is covered extensively by civil laws. The utility and companionship that canines give their owners and the community are counterbalanced by the hazards they pose when improperly taken care of. Hence, this article aims to inform dog owners of their duties and bite victims of their rights.

Dog Owner Responsibilities in Oklahoma

A dog owner, according to Oklahoma dog bite laws, is any legal entity, department, or individual who harbors, possesses, keeps, or has an interest in the animal. The definition is broad in that even mere custody is enough for someone to be deemed an owner.

Owners are responsible for the full amount of damages when their pets bite anyone who is not a trespasser and who has not provoked the canine. They also have to see to it that their dog is vaccinated starting from when it reaches 4 months of age, and vaccination has to be kept current based on the efficacy of the substance used.

The ownership of a dog is highly regulated, especially because the animal may be classified as dangerous. A dangerous dog is one that hits any of these three specific criteria:

• The dog has inflicted a severe injury on a person unprovoked on private or public property.

• The animal has been found to be potentially dangerous and has subsequently bitten, endangered, or attacked a human being.

• The animal has been found to be potentially dangerous and has killed another dog on public or private property.

A potentially dangerous dog is one that:

• Bites humans without provocation. 

• Attacks other dogs without provocation, causing death.

Dangerous dogs have to be registered, with the exception of those being kept by the police for official work. These dogs have to be confined in a proper enclosure with a clear, visible warning sign that a hazardous animal is on the property. The owner also needs a liability insurance plan in the amount of not less than $50,000.

When taking out a dangerous dog, the animal has to be muzzled and restrained by a person over 16 years of age. Attacks will lead to civil and criminal consequences.

A notable quirk of Oklahoma state law is that while regulations governing dangerous and potentially dangerous dogs are enforced at the municipal, county, and local levels, these regulations cannot be breed-specific. Thus, even if there is evidence that certain breeds, such as pit bulls, may cause more deaths than others, there can be no ban on these individual breeds in Oklahoma.

Liability Standards in Oklahoma Dog Bite Cases

In Oklahoma, dog owners are strictly liable for any damage or harm their pets cause. Strict liability means that as soon as the pet bites anyone, liability attaches regardless of the state of mind of the dog owner or the dog itself. The only defense available to the owner is that the animal was provoked or that the victim was a trespasser. In most cases, a dog bite case has no alternative defense, as the moment the attack occurs, the case is effectively ended.

Attacks by police dogs, however, are a different matter. These animals enjoy the same legal immunities accorded to police officers, and thus there is no liability for the harm police dogs cause when performing official duties. The key here is the performance of official duties.

For example, a person running from the authorities cannot sue for damages if they are chased down and bitten by a police dog. A normal citizen, on the other hand, may be able to sue if the attack was completely unprovoked and no crime was committed. But these cases are tricky as the state is being sued for a tort, so it is wise to immediately find a personal injury lawyer and be wary of tighter deadlines and technicalities.

As to veterinarians, there is a legal concept called the assumption of risk that comes into play. Vets are usually not covered by dog bite statutes if they are working on a dog because, by the very nature of their profession, there is an inherent risk and provocation to the animal. 

Provocation to bite does not have to be violent or cruel; any sudden stimulus to the canine is sufficient to trigger a bite and the provocation defense. In this sense, veterinarians are always provoking the animals they treat, hence the idea that they assume risks. But the vet may also claim as a defense that the owner of the dog knew it to be dangerous but concealed this fact. In this case, there is a danger beyond that which the vet assumes, allowing the vet to recover damages.

Statute of Limitations in Oklahoma for Dog Bite Cases

Under Oklahoma civil procedure, one has two years to file a dog bite case since it is a personal injury action. It is vital to observe this deadline and not wait because filing late could lead to the action being dismissed summarily on a technicality. 

It is also advised to seek out a lawyer who will ensure to preserve the evidence and gather witness testimonies so that the records will be safe even if the case takes years to resolve. Two years do not give plaintiffs a license to wait. They are a warning not to sleep on one’s rights, especially since there are a lot of things to do, like coordinate with insurance companies and negotiate settlements.

Civil Penalties for Dog Bites in Oklahoma

As mentioned previously, Oklahoma law renders erring dog owners fully liable for civil damages whenever their animals attack others. These damages are in the form of money and are meant to be a form of restitution from one private party to another. The kinds of damages one may ask for come in two general forms: economic and non-economic. 

Economic damages are awarded for the financial losses sustained by a plaintiff. These include medical bills, lost wages, rehabilitation costs, and mental health counseling. Non-economic damages are intangible losses that usually refer to the pain and suffering one experiences, including the loss of enjoyment of life and the hurt brought on by disfigurement.

In rare cases where the defendant was extremely negligent or reckless, punitive damages may be awarded. These damages are designed to be a form of punishment against the egregiously wrong defendant. Examples include situations where the animal owner intentionally ordered the attack or lured the plaintiff into a situation where the attack would become inevitable.

Criminal Penalties for Dog Bites in Oklahoma

Under Oklahoma law, there are criminal ramifications related to owning dangerous dogs and failing to comply with animal control laws. Owners of dangerous dogs who fail to keep them registered, properly enclosed, covered by liability insurance, or unrestrained are liable for a misdemeanor upon conviction, carrying with it up to one year of jail time and a fine of up to $5,000. The animal shall be confiscated on top of everything else. This $5,000 fine may be offset by payments directly made to the victim of a dog attack, but not if the money comes from insurance.

A dog attack that leads to the death of the victim is considered a felony. In cases like this, the fine is elevated to no more than $25,000, and the jail time increases to no more than five years. It is also felonious to release a dog upon a law enforcer who is performing official duties. The fine is up to $5,000, while the jail time varies depending on whether one is jailed by the Department of Corrections (up to five years) or the county jail (up to one year).

Reporting and Handling Dog Bite Incidents

Animal bite incidents are urgent situations, especially if it is unclear whether the dog has been vaccinated for rabies. One must seek medical care and then register a complaint with the local county health department. This will jumpstart the process to determine if the canine is up-to-date with shots and which quarantine measures to take. A canine with up-to-date vaccinations may be quarantined by the owner at home for 10 days. 

If the vaccination records are outdated, nonexistent, or not provided by a licensed veterinarian, then the quarantine is at the veterinarian’s office and paid for by the dog owner. If the dog is a stray, the victim is responsible for the cost. 

At this point, one must look at the legal angle. Photographing the animal for evidentiary purposes is advisable and will come in handy in court. The same is true for the site of the attack; make sure to note the surroundings where the incident happened. 

The plaintiff has to keep copies of medical bills and receipts to demand damages later on and document the injuries suffered. Calling a lawyer is advisable, as the attorney will go through the gathered evidence, preserve it, and file the appropriate case in court.

How To Find a Dog Bite Attorney in Oklahoma

Dog bite attorneys need not be difficult to find. Using a simple search engine like Google can net numerous results with minimal effort. One may also resort to a legal directory service for a more narrow and tightly focused set of results. Dog bite laws fall under the greater personal injury law umbrella, which in turn is under torts. One may juggle the keywords “dog bite lawyer,” “personal injury lawyer,” and “tort lawyer” depending on how many results one obtains. One may also call up names found in television ads or conventional print and billboard media.

Other Resources for Dog Bite Victims in Oklahoma

Oklahoma Bar Association Legal Resources

This is the legal resources page of the Oklahoma Bar Association, which is the professional organization of lawyers within the state. The page contains links to low-cost and no-cost legal assistance firms covering a wide array of topics, from immigration to disability. The bar association itself is reachable at:

P.O. Box 53036
Oklahoma City, OK 73152
1901 N. Lincoln Blvd.

Oklahoma City, OK 73105
405-416-7000
800-522-8065 (toll-free)

Tulsa SPCA Low-Cost Vaccine Clinic

The Tulsa SPCA Low-Cost Vaccine Clinic offers affordable yearly vaccinations to animal owners who wish to stay up-to-date with the legal requirements of pet ownership. It also offers a variety of shots, ranging from rabies to distemper. Services such as deworming and chipping are also available. The clinic is at:

The Tulsa SPCA Clinic
2910 Mohawk Blvd.
Tulsa, OK 74110

Oklahoma Free Legal Answers

Oklahoma Free Legal Answers is an online facility that links lawyers to members of the general public. The latter may ask questions about civil law using the website and receive the answer via email. The webpage is linked to the American Bar Association and is available in over 35 states.