Pet-sitting can turn into a nightmare if the dog bites you, causing enormous pain and losses. After getting treated, one of the first questions that might come to mind is, will you be able to sue the pet owner? The answer depends on the circumstances and the legal basis for the claim.
What does Oklahoma law say?
Oklahoma dog bite laws are very strict and hold a pet owner liable for any harm their dog may cause to others without provocation. Furthermore, the one-bite law is not applicable in Oklahoma. However, as witnessed in the case of Hampton v. Hammons (1998), the court may sometimes consider the pet-sitter as the “owner” or “harborer” of the dog, barring you from recovering any damages under Oklahoma’s dog bite statute. Nevertheless, you may still have grounds to make a personal injury claim under the common law.
Will common law support your claim?
You may be able to sue the pet owner under common law. To make a successful personal injury claim, you generally must prove that:
- The original owner knew or had reason to know that the dog had vicious propensities or a history of aggression.
- They failed to give you a clear warning about the risks involved in pet-sitting their dog.
The court considers evidence such as previous bite history, complaints from neighbors and specific training for aggression to prove the owner knew the animal posed a dangerous risk.
Evaluating a potential claim
Because these cases hinge heavily on proving prior knowledge and looking into the intricate local ordinances, consulting an experienced Oklahoma personal injury attorney is vital to protecting your rights and securing the compensation you deserve.