Wyoming Dog Bite Laws: Liability and Victim Rights

How Wyoming Dog Bite Liability Works

Wyoming does not have a statewide dog bite statute that imposes strict liability on all dog owners. Instead, Wyoming relies on common law principles and a handful of statutes that together form the legal framework for dog bite claims.

The Wyoming Supreme Court established the controlling law in Borns ex rel. Gannon v. Voss, 70 P.3d 262 (Wyo. 2003). In that case, a seven-year-old girl was bitten in the face by a dog at a campsite. The Court identified three distinct legal theories that dog bite victims can use to recover damages.

Those three theories are:

1. Strict liability when the owner kept an animal knowing of its dangerous propensities
2. Common law negligence in the care and control of a domestic animal
3. Negligence per se based on the violation of a duty created by statute or local ordinance (such as a leash law)

This means victims are not limited to the traditional one-bite rule. A victim can pursue a negligence claim without proving the dog had a history of aggression.

The One-Bite Rule in Wyoming

Under the one-bite rule, a dog owner can be held strictly liable only if they knew or reasonably should have known that their dog had dangerous tendencies. The phrase "one free bite" is shorthand for the idea that strict liability does not attach until the owner has knowledge of a dangerous propensity.

However, the Wyoming Supreme Court made clear in Borns v. Voss that a negligence claim does not require proof that the dog was vicious or that the owner knew it was vicious. Requiring the victim to prove the scienter (knowledge) element in a negligence claim would be "contrary to law," according to the Court.

This distinction matters because it gives victims two separate paths to compensation:

• Strict liability path: Prove the owner knew the dog was dangerous. If established, the owner is liable regardless of how careful they were.
• Negligence path: Prove the owner failed to exercise reasonable care in controlling the dog. No prior knowledge of dangerousness is required.

What Victims Must Prove

The elements a dog bite victim must establish depend on which legal theory they pursue.

For a Strict Liability Claim

• The defendant owned or harbored the dog
• The dog had a known dangerous propensity (such as a history of biting, lunging, or aggressive behavior)
• The owner knew or should have known about that propensity
• The dog caused injury to the victim

For a Negligence Claim

• The defendant owed a duty of care to the victim
• The defendant breached that duty by failing to exercise reasonable care in controlling the dog
• The breach caused the victim's injuries
• The victim suffered actual damages

For a Negligence Per Se Claim

• A local ordinance or state statute imposed a specific duty on the dog owner (such as a leash law)
• The owner violated that law
• The violation caused the victim's injury
• The victim is within the class of persons the law was designed to protect

Wyoming's Modified Comparative Fault Rule

Wyoming applies a modified comparative fault system under Wyo. Stat. 1-1-109. This rule directly affects how much a dog bite victim can recover.

Under this system:

• If the victim is 50% or less at fault, they can still recover damages, but the award is reduced by their percentage of fault
• If the victim is 51% or more at fault, they recover nothing

In dog bite cases, a defendant might argue comparative fault if the victim provoked the dog, trespassed on private property, or ignored warning signs. For example, if a jury finds the victim 30% at fault and awards $100,000 in damages, the victim would receive $70,000.

Dog Owner Responsibilities Under Wyoming Law

Wyoming state statutes and local ordinances impose several responsibilities on dog owners.

Rabies Vaccination

Under Wyo. Stat. 11-31-213, county commissioners may require registration of all dogs and cats within a rabies control district. Owners must present a valid rabies vaccination certificate from a licensed veterinarian as a condition for registration. The certificate must show the date of vaccination, the type of vaccine used, and the immunization period.

Local Leash and Confinement Laws

Many Wyoming municipalities require dogs to be leashed in public areas and securely confined on the owner's property. Violating a local leash law can serve as the basis for a negligence per se claim if a dog bite occurs.

Licensing and Registration

Most Wyoming jurisdictions require dogs to be licensed and registered with local authorities. Failure to comply can result in fines and may strengthen a victim's case in a dog bite lawsuit.

Public Nuisance Laws

Under Wyo. Stat. 11-31-301, a board of county commissioners may declare dogs running at large in unincorporated areas a public nuisance. The county sheriff and animal control officers enforce these regulations. Counties may also enact rules regarding vicious dogs, dogs that bark excessively, and dogs that chase wild game or livestock.

Penalties under Section 11-31-301 include fines of up to $50 for a first offense and up to $100 for each subsequent offense.

Dangerous Dog Designations

Wyoming does not have a single statewide dangerous dog statute. Instead, counties and municipalities create their own dangerous dog ordinances under the authority granted by Wyo. Stat. 11-31-301.

Local ordinances typically define a dangerous dog as one that has:

• Bitten or attacked a person without provocation
• Killed or seriously injured a domestic animal
• Been previously designated as potentially dangerous and continued to show threatening behavior

Once a dog receives a dangerous designation, the owner typically must:

• Keep the dog in a secure, locked enclosure that prevents escape
• Muzzle and leash the dog whenever it is outside the enclosure
• Post visible warning signs on the property
• Carry liability insurance of $100,000 or more (in some jurisdictions)
• Register the dog with local authorities and notify them of any sale, transfer, or move

Quarantine After a Bite

Under Wyo. Stat. 11-31-301, any animal that attacks a person in a vicious manner or bites any person may be impounded by the county sheriff or animal control officer and held in quarantine for at least 10 days. The Wyoming state health officer may extend the quarantine period to determine whether the animal carries a communicable disease.

Home quarantine may be allowed if the owner presents a valid rabies vaccination certificate.

Damages Available to Dog Bite Victims

Dog bite victims in Wyoming may recover both economic and non-economic damages.

Economic Damages

• Medical expenses, including emergency treatment, surgery, and rehabilitation
• Future medical costs for ongoing treatment or reconstructive surgery
• Lost wages and lost earning capacity
• Property damage

Non-Economic Damages

• Pain and suffering
• Emotional distress and psychological trauma
• Scarring and disfigurement
• Loss of enjoyment of life

Wyoming does not impose a statutory cap on damages in most personal injury cases, including dog bite claims. The full amount of damages is determined by the jury based on the evidence presented.

Statute of Limitations for Dog Bite Claims

Under Wyo. Stat. 1-3-105, the statute of limitations for personal injury claims in Wyoming is four years from the date of the injury. This deadline applies to dog bite lawsuits.

Important exceptions include:

• Minors: If the victim is under 18 at the time of the bite, the four-year clock does not start running until they turn 18
• Government entities: Claims against government agencies or employees may have shorter notice requirements, sometimes as short as two years
• Discovery rule: In rare cases where an injury is not immediately apparent, the clock may start when the victim discovers or reasonably should have discovered the injury

Failing to file within the deadline permanently bars the claim. Victims should consult with an attorney well before the deadline approaches.

Legal Defenses for Dog Owners

Dog owners in Wyoming have several defenses available.

Provocation

If the victim provoked the dog through teasing, hitting, tormenting, or other aggressive behavior, the owner may argue reduced or eliminated liability. The provocation must be sufficient to cause a normally calm dog to react aggressively.

Trespassing

Dog owners generally owe a lower duty of care to trespassers. If the victim was on the owner's property without permission when the bite occurred, the owner's liability may be significantly reduced or eliminated. However, this defense may not fully apply to young children who do not understand property boundaries.

Comparative Fault

As discussed above, Wyoming's modified comparative fault rule under Wyo. Stat. 1-1-109 can reduce or bar a victim's recovery based on their share of fault.

Assumption of Risk

If the victim knowingly accepted the risk of being bitten, such as a veterinarian, dog groomer, or kennel worker handling an unfamiliar animal, this defense may limit or bar recovery.

Landlord Liability for Dog Bites

In Wyoming, a landlord may be held liable for a tenant's dog bite if three conditions are met:

1. The landlord knew the tenant's dog was dangerous or had aggressive tendencies
2. The landlord had the authority to remove the dog or require the tenant to remove it
3. The landlord failed to take reasonable action to protect others

Landlords who allow tenants to keep pets should include clear pet policies in lease agreements, require tenants to carry renter's insurance with liability coverage, and act promptly if they learn a tenant's dog poses a danger.

Breed-Specific Legislation in Wyoming

Wyoming does not have a statewide breed-specific law. Individual cities and counties may create their own breed restrictions.

The town of Hudson, Wyoming, has been the most notable example, maintaining restrictions on pit bulls and Rottweilers. However, Hudson and other municipalities have been reconsidering these policies in favor of behavior-based dangerous dog ordinances that focus on a dog's actions rather than its breed.

Before acquiring a dog of any breed in Wyoming, check with your local municipal office or county clerk for current restrictions in your area.

Criminal Penalties for Dog Owners

In serious cases, Wyoming dog owners may face criminal charges in addition to civil liability.

Misdemeanor Charges

Misdemeanor charges may apply when a dog causes injury due to owner negligence, such as violating a leash law or failing to confine a dog that has been designated as dangerous.

Felony Charges

Felony charges may apply when:

• A dog kills or causes serious bodily injury to a person
• The owner knew the dog was dangerous and failed to take adequate precautions
• The owner intentionally used the dog as a weapon

Criminal penalties can include fines, probation, and imprisonment.

How to File a Dog Bite Claim in Wyoming

If you are bitten by a dog in Wyoming, take these steps to protect your legal rights:

• Get medical treatment immediately. Keep all medical records and receipts.
• Report the incident to local animal control and law enforcement. This creates an official record.
• Document the scene and your injuries. Take photographs of the bite wounds, the location, and the dog if possible.
• Collect the owner's information, including their name, address, phone number, and homeowner's or renter's insurance details.
• Identify witnesses and get their contact information.
• Preserve physical evidence such as torn clothing or other items damaged in the attack.
• Consult a personal injury attorney. Many dog bite lawyers offer free consultations and work on a contingency fee basis.

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