“First Dogs” Bite: Strict Liability or Presidential Pardon?
President Biden’s rescue dog, a German Shepherd affectionately named “Major Biden” bit a security official while on White House grounds. He and his pet brother, Champ, were temporarily relocated with family friends in Delaware after Major bit a member of White House security, who sustained minor injuries. While a federal official is unlikely to seek damages from the President for a dog bite, it does beg the question: does strict liability apply for dog bites in all cases or is it dependent on the jurisdiction?
Dog Bites and Strict Liability in Wyoming
Unlike its neighbor Utah, Wyoming does not have a strict liability statute for dog bites. Instead, Wyoming uses a “one-bite” rule. This means that the victim of a dog bite has to prove that the owner had knowledge of the dog’s propensity for violence. The victim can also recover if they establish that the owner should have known of their dog’s vicious behavior. This is no easy feat. It would require the victim to bring suit against the owner and during discovery use evidence collected to mount a case against the defendant, or enlist the help of an investigator, neighbors, or witnesses to establish the dog’s propensity for violence. The victim does not have to prove that the dog has bitten another animal or person before, only that the dog has aggressive tendencies.
Depending on the circumstances, you may be eligible for substantial compensation in the form of economic and noneconomic damages. Economic damages include compensation for incurred medical bills, therapy, home health nursing, or disability modifications. Non-economic damages include compensation for emotional distress, pain and suffering, loss of consortium, or permanent disability affecting quality of life. Wyoming maintains a cap on both economic and non-economic damages in personal injury suits. Sometimes defendants are able to invoke a homeowners insurance policy for dog bites sustained on their property, home, or yard, but this is dependent on their declaration page and coverage elections. It also gets murky when the victim is another dog as opposed to a person, or if the person was trespassing instead of a social guest.
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Because strict liability is not invoked in Wyoming, it is critical you hire an attorney to mount the strongest case against the defendant. While many of us would agree that an owner should be liable for their dog’s bad behavior, even if it is not predictable, until strict liability is made the law in Wyoming, you need legal assistance to establish negligence on the defendant’s behalf. Our lawyers at Rocky Mountain Personal Injury Center specialize in plaintiff personal injury law including dog bite cases in Utah, Wyoming, and Idaho. We understand how painful and traumatic a dog bite injury can be, and will work tirelessly on your behalf to seek damages for your injuries. Call today to schedule a consultation.
