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WHAT HAPPENS IF MY DOG BITES ANOTHER DOG?

Nina Zade • Jan 25, 2022

Dogs may be loving and affectionate creatures but sometimes these four-legged friends have a tendency to bite other dogs; and, in most cases, it is a bigger dog biting a smaller dog. Because big dogs have a powerful bite, the resulting injuries to another dog can often be serious. What happens if my dog bites another dog?  Just as there are dog bite laws to protect humans, there are also laws when it comes to dogs biting other dogs. Each state has its own dog-to-dog bite laws, but, in general, most states treat the dog as property. For example, if you are driving your car and run through a red light and crash into another car that had the right of way; legally, the person who ran the red light and caused damages to the other car is responsible, and that same philosophy applies to dogs that bite other dogs. 


In general, if a dog is not socialized at an early age, the chances of it biting other animals or people are higher. The
legal repercussions that follow if your dog bites another dog are basically the same as if it bit a human.


Why Do Dogs Bite Other Dogs?


There are many reasons why dogs bite other dogs and they include the following:

  1. Dogs can be territorial and will bite at other dogs that venture into their area.
  2. Some dogs are said to be naturally aggressive, like the Staffordshire Terrier, Pit Bull, Doberman, or the Rottweiler.
  3. A great many dog bites occur because the pet has not been socialized and may have jealousy issues.
  4. Other dogs will bite because the owner has trained them to be aggressive.
  5. Some dogs are abused and treated poorly, and, of course, they will be afraid, anxious, and scared. Those dogs have a higher potential for biting other dogs or humans.


What To Do If Your Dog Is Bitten By Another Dog


If your dog is bitten by another dog, here are
some tips:

  1. Remain calm; the more anxious and agitated you become, the more the other dog will be irritated and aggressive.
  2. Do not blindly try and step in the middle of a dog fight, or you also run the risk of getting bitten.
  3. Focus on getting your dog away from the other dog safely; maybe clap loudly to distract the other dog.
  4. Once your dog is away from the other dog, ask the other dog’s owner for details, such as contact information, vaccination status, etc. If you have a smartphone, obtain images of the dog owner and the dog if he or she is uncooperative.
  5. Take your dog to the veterinarian for an exam and get pictures of any injuries.
  6. File a police report.


Negligence and Duty of Care


When a dog bites another dog, in most cases the owner has been negligent and breached the duty of care. This means that the dog owner is liable for the other dog’s injuries and any resulting damages. A dog bite attorney in Phoenix can help you discern the situation.


What Type of Compensation is Available for Dog Bite Injuries?


Fees associated with dog-dog bite injuries usually include the following:

  • Reimbursement for all the veterinarian bills;
  • Fees for all medications (pain pills, antibiotics, tetanus shot, etc.);
  • Kennel fees if the dog has to be admitted;
  • Fees to retrain a dog if the dog was a support dog who is injured and needs to be replaced; and/or
  • If the bitten dog dies, fees to replace the dog are also included.


How Do Courts Decide on Liability When it Comes to Dog-to-Dog Bites?


To determine liability, the court and a dog bite attorney Phoenix usually look at a few characteristics of the aggressive dog that include:

  1. Size. In general, a bigger dog is more likely to bite a smaller dog.
  2. Past aggressive tendencies. Speak to neighbors of the dog to ask if they have had any issues with the dog at fault, such as has the dog been aggressive towards their children or their pets?
  3. Citations. Has the local animal agency issued any warnings or citations regarding the dog's behavior in the past?


If any of the above answers are yes, then it is likely that you have a strong legal claim for any injuries against the dog's owner.  Contact a dog bite attorney Phoenix.


Is the Dog Owner Always Responsible?


If you own a dog, you are
supposed to be in control of your pet at all times. In the majority of cases, if your dog bites another dog, you are at fault. However, there are a few exceptions to this rule:

  1. Trespassing: There are situations when you are not responsible if your dog bites another dog. This is when another dog owner is trespassing on your property with his or her dog, or if the individual with the dog was committing a crime on your property.
  2. Teasing: You are also not responsible if your dog bites another dog if the owner of the other dog is abusing, teasing, or taunting your dog.
  3. Does not assume the risk: If you have a big dog who is on a leash and walking peacefully, but another dog owner with a much smaller dog brings his or her dog very close to you, any resulting bite is not your fault. All dog owners have to assume a risk of a potential dog bite, especially if the other dog is larger or a potentially aggressive breed. For example, if you saw a pit bull on a leash, then it is always better to assume that this breed has the potential to bite and keep your pet away.
  4. Police dog: If you are looking after a leashed police dog or a dog owned by any governmental agency, and it bites another dog, you are not eligible for any damages. The statute assumes that the other dog owner was careless by bringing his pet close to the K9. 


What Type of Damages can be Claimed if One Dog Bites Another Dog?


This all depends on the extent of the damages. In general, if your dog bites another dog,
you will be responsible for any injuries and/or damages, medical expenses (including any surgery costs), and veterinary care. In addition, if the injured dog is a companion animal, you will also be responsible for any costs related to a substitute dog and the needed training. If the individual with a companion dog is unable to go to work because the dog is at the veterinarian, the judge may also tag on any lost wages.  You should talk to a dog bite attorney in Phoenix to learn more.


What to do When Your Dog Bites Another Dog


If your dog bites another dog, there are legal repercussions, especially if the other dog is injured. You have the following options:


Contact your homeowner's or renter's insurer. In some cases, they will have liability coverage which will pay for the damages to the other dog. Call the insurer right away and file a claim. The insurer will then investigate the incident, determine if you are liable, and pay the claim.


However, you also need to know the following about homeowner’s insurance policies and coverage of dog bite claims:

  1. Some insurance policies will exclude liability coverage or have limited coverage for injuries if you own an aggressive dog breed. For example, if you own a Cane Corso or a Pit Bull, many insurers will not cover the liability.
  2. Some insurers regularly exclude dog bite-related incidents but will offer liability coverage for an additional premium. This premium will also vary with the type of dog breed. More aggressive dog breeds cost more to obtain liability insurance.
  3. Depending on which state and county you live in, some insurers will not offer any liability coverage for dog bite-related injuries.
  4. In some cases, the insurer will not initially exclude dog bite-related liability coverage, but once your dog bites another person or another dog, it will drop the coverage altogether when it comes time to renew your policy or you could also face higher insurance premiums.


Prevent Dog Bites


Most dog-on-dog bites can be prevented by being proactive; this can save you a lot of legal and financial hassles. 


1. Always make sure that your dog is on a leash, especially if your dog is a large breed. 

2. If you see another owner walking his or her dog, show courtesy and walk on the other side of the road or keep a safe distance.

3. Around your home, place signs that there is a dog on the premises 


CONCLUSION


Arizona is a strict liability state - what this means is that if your four-legged friend bites another person or another animal, you will usually be responsible for any bills and damages. If you own a dog, you should always first check with your homeowner’s insurance policy to determine what type, if any, liability coverage is offered. This should be done before any incident occurs. Once your dog bites another dog, it becomes
a legal issue and can cost you a tidy sum. It is highly recommended that if your dog bites another dog or another individual, consult with a dog bite attorney Phoenix as soon as possible. The Law Offices of Richard A. Gullette has experience with dog bite cases.  What happens if my dog bites another dog?  Call Richard Gullette at 1-602-230-2916 to find out what your next steps should be.

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