Dog Bites In Alabama

Apr 30, 2025 - Personal Injury by Cross & Smith

Personal injury in the state of Alabama takes many forms: car accidents, medical malpractice, wrongful death, and many others. One type of personal injury that doesn’t get a lot of attention is dog bites. But it should. According to the U.S. Centers for Disease Control, nearly 5 million people report dog bites each year, and 60% of the injured are children. Dog bites are dangerous and disfiguring, and can even result in death. What remedies are available to people who are victims of dog bites?

Alabama’s dog bite rule is complicated because it is a hybrid of the “one bite rule” followed by many jurisdictions. A victim in Alabama can pursue his or her case under either a strict liability or negligence cause of action. 

Strict Liability v. Negligence In Alabama

Most states use a legal standard in dog bite cases known as the “one-bite rule.” This principle holds that a dog owner is not, in most cases, liable for injuries caused by their dog unless there is a past history of the dog engaging in aggressive or dangerous behavior. This puts a legal burden on the plaintiff to prove the dog has bitten or attacked someone previously. In short, the dog gets one “free” bite without legal consequences. 

Alabama allows a victim to pursue the dog’s owner under either a strict liability theory or a negligence theory. Strict liability is a legal concept that applies in some personal injury cases. Under this principle, a person is liable for the harm they cause, no matter the intent or the circumstances behind the injury. You may recognize the term “strict liability” from cases involving defective medical devices, where a manufacturer is strictly responsible for injuries regardless of the negligence of the user. Strict liability is a higher standard than negligence, which is the rule in most Alabama personal injury claims.

Under the strict liability theory in Alabama, if a dog bites or injures a person who is on the owner’s property lawfully, and the person did not provoke the dog, the owner is strictly liable and no negligence needs to be proven. If the dog doesn’t have a history of vicious or dangerous behavior, the dog’s owner is only liable for the victim’s economic losses, such as lost wages, medical and rehabilitation fees, and other out-of-pocket expenses.  Damages for pain and suffering, emotional distress, and other less quantifiable non-economic losses are not compensable. This rule aims to balance the responsibility of dog owners to protect visitors while preserving their rights and financial interests. 

It’s important to note that postal workers, utility workers, and others who visit the owner’s premises can hold a dog’s owner liable for a bite if they were performing their official duties when the dog attacked.

Even if a dog’s owner may not be strictly liable for a victim’s non-economic losses, a victim is not necessarily without a remedy when it comes to obtaining money for pain and suffering. Dog bite victims may be able to file a negligence claim after an attack, but they must support their claim with evidence showing the owner’s carelessness. 

To win a negligence claim, the injured party must show the following legal elements:

• The dog owner had a duty of care to the victim
• The dog owner breached the duty of care
• The breach of the duty was the direct cause of the victim’s injuries
• The injuries are compensable

Dog owners are legally liable under the state’s common-law negligence statutes if evidence shows that the owner knew—or should reasonably have known—that the dog posed a danger to anyone lawfully on their property. Evidence may include:

• A previous history of biting
• Eyewitness testimony of a dog’s known history of aggressive behavior, including growling, snarling, chasing, and knocking people down
• Veterinary records, such as a dog that requires sedation for treatment
• A dog whose owner trained it as a guard dog

A pet owner is also liable for damages for failure to keep their dog contained on their property through fencing or leashing, and the dog injures someone off the owner’s property. If a pet owner shows negligence in allowing their dog to cause injury when they knew the dog was a danger to others, the bite victim may hold the owner liable for non-economic damages as well as economic ones.

It’s important to know that Alabama has a particularly unforgiving contributory negligence rule. If you are in any way negligent in causing the dog to attack you, you will be barred from any compensatory damages.

How to Avoid Dog Bites

To avoid dog bites, adults and children should be taught about bite prevention. In many cases, it’s possible to avoid dog bites by following this guidance:

DO:

• Always ask if it’s ok to pet a dog; don’t just assume that you can.
• Let the dog sniff and evaluate the situation before you engage with it. Often, it’s recommended that you slowly extend your closed fist in a non-threatening manner for the dog to evaluate you.
• Learn to recognize the warning signs of aggressive behavior. These include showing teeth, a wrinkled muzzle, a hard and direct stare, and hair standing up on its back.
• Remain calm if approached by an unknown dog.

DO NOT:

• Run toward or away from an unknown dog
• Tease or startle a dog
• Touch a sleeping dog
• Bother a dog when it is eating
• Get between a dog and her puppies
• Try to break up a dog fight
• Challenge a dog with hard stares

Contact Cross and Smith, LLC

If you’ve been injured by a dog, a Tuscaloosa dog bite attorney can help you understand your legal rights. Whether you have a case under our state’s strict liability or negligence theories, you may be entitled to significant compensation. But don’t delay, as there is a 2-year statute of limitations to bring such a claim. Normally, the statute of limitations starts to run from the date of the injury. Contact us today for the best personal injury representation in Alabama.