Alabama Dog Bite Laws: Liability and Victim Rights

How Alabama Dog Bite Liability Works

Alabama handles dog bite cases differently than most states. Rather than choosing one approach, Alabama gives victims two separate legal paths to recover damages. The path that applies depends on where the bite happened and what the owner knew about the dog.

Understanding which statute applies to your situation is the first step in building a successful claim.

Strict Liability Under Alabama Code § 3-6-1

Alabama Code § 3-6-1 creates strict liability for dog owners when a bite occurs on property the owner controls. Under this statute, if a dog bites someone without provocation while that person is lawfully on the owner's property, the owner is automatically liable for damages.

This strict liability also applies when a dog chases someone off the owner's property and bites them immediately after they leave.

However, the statute includes an important limitation. If the owner can prove they had "no knowledge of any circumstances indicating such dog to be or to have been vicious or dangerous or mischievous," the owner's liability is reduced to only the victim's actual medical expenses. This means the owner would not owe compensation for pain and suffering or other non-economic damages in that scenario.

The One-Bite Rule Under Alabama Code § 3-1-3

Alabama Code § 3-1-3 covers dog attacks that happen off the owner's property, such as in a public park, on a sidewalk, or on someone else's land. Under this statute, the owner is liable when they keep a "vicious or dangerous animal" and, through careless management or by allowing the animal to go at liberty, another person is injured.

The central question under the one-bite rule is "scienter," which means the owner's actual or constructive knowledge that the dog had dangerous tendencies. Victims must prove the owner knew or should have known the dog was dangerous before the attack.

Evidence of scienter can include:

• Prior bites or attacks on people or animals
• Aggressive behavior such as lunging, growling, or snapping
• The owner keeping the dog chained or caged due to aggression
• Complaints from neighbors about the dog
• The dog's history of escaping confinement

Negligence Claims

Beyond the two statutes, victims can also pursue a standard negligence claim against the dog owner. To succeed, the victim must prove:

• The owner had a duty to control the dog
• The owner breached that duty (for example, by violating a local leash law)
• The breach directly caused the victim's injuries
• The victim suffered actual damages

Negligence claims are particularly useful when a local ordinance requires dogs to be leashed or confined, because violating the ordinance can serve as evidence of negligence.

Alabama's Pure Contributory Negligence Rule

Alabama is one of only four states (along with Maryland, North Carolina, and Virginia, plus the District of Columbia) that still follows the pure contributory negligence doctrine. This is one of the harshest rules in American personal injury law.

Under pure contributory negligence, if the victim is found to have been even 1% at fault for the dog bite, the victim is completely barred from recovering any compensation. There is no reduction of damages based on the percentage of fault. Instead, any fault at all on the victim's part eliminates the claim entirely.

Actions that could trigger a contributory negligence defense include:

• Teasing, provoking, or hitting the dog
• Ignoring warning signs posted on the property
• Approaching a dog that was visibly agitated or growling
• Reaching through a fence to pet an unfamiliar dog
• Entering property where the victim knew a dangerous dog was present

Because of this rule, building a strong case with clear evidence is essential for Alabama dog bite victims.

Emily's Law and Dangerous Dog Designations

In June 2018, Alabama enacted Emily's Law (codified in Alabama Code Title 3, Chapter 6A), named after Emily Colvin, who was killed by a pack of dogs in Jackson County in December 2017. This law created a formal process for declaring dogs dangerous and established serious criminal penalties for owners who fail to control them.

What Makes a Dog "Dangerous" Under Alabama Law

Under Alabama Code § 3-6A-3, a dangerous dog is defined as any dog, regardless of breed, that has bitten, attacked, or caused physical injury, serious physical injury, or death to a person without justification. Police dogs used for legitimate law enforcement purposes are excluded from this definition.

The Dangerous Dog Investigation Process

Under Alabama Code § 3-6A-4, the process begins when someone files a sworn statement before a city magistrate or county sheriff identifying the dog, its owner (if known), and why the person believes the dog is dangerous.

An animal control officer then conducts a dangerous dog investigation. If the complaint involves serious physical injury or death, a law enforcement officer takes over the investigation.

If the investigation supports the claim, a hearing is held before a municipal or district court. The court determines whether the dog meets the legal definition of dangerous.

Requirements for Owners of Declared Dangerous Dogs

If a court declares a dog dangerous but the dog has not caused serious injury or death, the owner may keep the dog under strict conditions:

Requirement	Details
Surety bond	At least $100,000 to cover potential future injuries
Secure enclosure	Lockable enclosure with a top and proper flooring to prevent escape
Leash and control	Owner must be present with a secure collar and leash when the dog is outside the enclosure
Microchip	Permanent identification through microchipping
Spay/neuter	The dog must be spayed or neutered
Annual registration	Must register with animal control or the county health department each year
Proof of bond	Must show proof of the surety bond at each annual registration

Owners have 30 days to comply with all court-ordered requirements. If they fail to meet the deadline, the law requires the dog to be humanely euthanized.

If the court finds the dog caused serious physical injury or death, the court must order the dog to be humanely euthanized by a licensed veterinarian or authorized animal control official.

Criminal Penalties Under Emily's Law

Alabama Code § 3-6A-5 establishes a tiered system of criminal penalties:

Offense	Classification
Declared dangerous dog causes serious injury or death	Class B felony
Undeclared dog causes serious injury or death, and owner knew of dangerous propensities but showed reckless disregard	Class C felony
Declared dangerous dog causes physical injury	Class A misdemeanor
Owner refuses to surrender dog during investigation	Class C misdemeanor
Knowingly filing a false dangerous dog report	Class C misdemeanor
Repeated violations of confinement requirements	Class B misdemeanor

A Class B felony in Alabama carries a potential sentence of 2 to 20 years in prison and fines up to $30,000.

Dog Owner Responsibilities in Alabama

Alabama law imposes several duties on all dog owners, not just those with declared dangerous dogs.

Confinement Requirements

Under Alabama Code § 3-1-5, every dog owner must confine their dog to the limits of their own premises or the premises where the dog is regularly kept. Violating this requirement is a misdemeanor punishable by a fine of $2 to $50.

Rabies Vaccination

Alabama Code § 3-7A-2 requires all dogs to be vaccinated against rabies by a licensed veterinarian when the dog reaches three months of age. The Alabama Department of Public Health oversees compliance. Owners must maintain a vaccination certificate and numbered tag as proof of immunization.

Local Leash Laws and Ordinances

While Alabama does not have a statewide leash law, most municipalities enforce their own leash ordinances. Many cities require dogs to be leashed in all public areas. Check your local city or county ordinances for specific requirements in your area.

Damages Available to Dog Bite Victims

Dog bite victims in Alabama may recover compensation in several categories, depending on which legal theory applies and whether the owner had prior knowledge of the dog's dangerous behavior.

When the Owner Had Prior Knowledge

If the victim can establish scienter (the owner knew the dog was dangerous), or if strict liability applies under § 3-6-1 with prior knowledge, the victim may recover:

• Medical expenses: Emergency care, surgery, hospitalization, rehabilitation, and future medical costs
• Lost wages: Time missed from work during recovery and any reduction in future earning capacity
• Pain and suffering: Physical pain endured as a result of the bite
• Emotional distress: Anxiety, fear, PTSD, and other psychological harm
• Scarring and disfigurement: Compensation for permanent physical changes
• Property damage: Damaged clothing, personal items, or other property

When the Owner Lacked Prior Knowledge

Under the mitigation provision of § 3-6-1, if the owner proves they had no knowledge of the dog's dangerous tendencies, recovery is limited to "actual expenses incurred." This typically covers only medical bills and out-of-pocket costs, not pain and suffering or emotional distress.

Statute of Limitations for Dog Bite Claims

Under Alabama Code § 6-2-38, dog bite victims have two years from the date of the attack to file a personal injury lawsuit. This deadline is strictly enforced, and missing it almost always results in the court dismissing the case.

Key timing rules to know:

• The two-year clock starts on the date the bite occurs
• Minors: For victims under age 19, the two-year period does not begin until the victim turns 19
• Government claims: If a government employee's dog caused the bite, shorter notice requirements may apply
• Tolling: Certain circumstances can pause the running of the deadline, but these exceptions are narrow

Filing promptly is important not just for meeting the deadline but also for preserving evidence. Witnesses' memories fade, surveillance footage may be deleted, and medical records become harder to connect to the incident over time.

Breed-Specific Legislation in Alabama

Alabama has no statewide breed-specific legislation (BSL). The state does not ban or restrict any particular dog breed at the state level. Instead, Alabama gives individual cities and counties the authority to regulate or restrict specific breeds within their boundaries.

Several Alabama municipalities have enacted breed-specific restrictions, particularly in the Birmingham metropolitan area:

• Irondale: Prohibits owning or possessing pit bull dogs, with limited exceptions for dogs registered before the ordinance took effect
• Tarrant: Restricts pit bull ownership
• Fairfield: Has breed-specific provisions
• Gardendale: Maintains pit bull regulations

Because local rules vary significantly, dog owners should research the specific ordinances in their city or county. A breed that is legal in one municipality may be restricted or banned in a neighboring one.

Landlord Liability for Dog Bites in Alabama

Landlords in Alabama can face liability for dog bite injuries caused by a tenant's dog under certain conditions. The key factor is whether the landlord had knowledge of the dog's dangerous tendencies.

A landlord may be liable when:

• The landlord knew the tenant's dog had previously bitten someone or displayed dangerous behavior
• The landlord had the authority to require the tenant to remove the dog (through lease provisions)
• The landlord failed to take reasonable action to protect other tenants and visitors

For common areas such as hallways, parking lots, and shared yards, landlords have a duty to use "reasonable care" to protect tenants from known dangers, including aggressive dogs.

Landlords can protect themselves by including clear pet policies in lease agreements, requiring proof of renter's insurance with liability coverage, and acting promptly when they receive complaints about a tenant's dog.

How to File a Dog Bite Claim in Alabama

If you have been bitten by a dog in Alabama, taking the right steps early can strengthen your case.

1. Get medical treatment immediately. This creates a medical record linking your injuries to the dog bite. Follow all treatment recommendations and keep copies of every bill and receipt.

2. Report the bite to animal control and local police. An official report creates a documented record of the incident. Ask for a copy of the report for your records.

3. Document your injuries thoroughly. Take photos of all wounds on the day of the attack and throughout the healing process. Photograph the location where the bite occurred and the dog if possible.

4. Collect the owner's information. Get the dog owner's full name, address, phone number, and homeowner's or renter's insurance information.

5. Identify and contact witnesses. If anyone saw the attack, get their names and contact information. Witness testimony can be critical in proving what happened.

6. Preserve physical evidence. Keep torn or bloody clothing in a sealed bag. Do not wash or discard anything damaged in the attack.

7. Check for prior incidents. Ask animal control whether the dog has a history of bites or complaints. Prior incidents are important evidence of scienter.

8. Consult a personal injury attorney. Many Alabama dog bite attorneys offer free consultations and work on contingency, meaning you pay nothing unless you recover compensation.

More Alabama Laws

• Alabama Lemon Laws
• Alabama Statute of Limitations
• Alabama Sexting Laws
• Alabama Car Seat Laws
• Alabama Hit and Run Laws
• Alabama Child Support Laws
• Alabama Whistleblower Laws
• Alabama Recording Laws