Dog Bites under Oklahoma Law
KANIA LAW OFFICE is a Tulsa, Oklahoma Personal Injury and Oklahoma Dog Bite Law Firm

The Kania Law Office represents injured clients who have sustained damages due to the negligence of others in maintaining control over their dogs and other animals.  This Oklahoma personal injury representation includes negotiating and settling or suing and trying cases involving personal injuries sustained from dog bites, dog attacks, dog mauling, and other animal attacks in Oklahoma.  If you would like a free consultation with a Tulsa injury attorney from the Kania Law Office please call (918) 743-2233 or fill out this form. 

Oklahoma Law on Dog Bites/Attacks

Oklahoma dog bite statute provides as follows: "The owner or owners of any dog in Oklahoma shall be liable for damages to the full amount of any damages sustained when his dog, without provocation, bites or injures any person while such person is in or on a place where he has a lawful right to be."  Okla. Stat. tit. 4, § 42.1 (1980).  Under this statute, and contrary to common law negligence claims, a dog owner is strictly liable for the personally injuries his or her dog inflicts.  This means that a person injured by another person's dog does not have to show that the dog owner was negligent.  

What does an Oklahoma dog bite victim have to prove to recover damages?

For a person to receive a monetary recovery for damages sustained in an Oklahoma dog attack, the person must prove the following elements:

• The dog bite plaintiff;
• The dog acted without provocation;
• Plaintiff was at a place he or she had a lawful right to be; and
• Defendant is the owner of the dog.

Oklahoma Uniform Jury Instructions - Civil § Instruction 13.4.

An Oklahoma dog bite victim need not prove negligence or wrongdoing on the part of the dog owner or that the dog had a history of attacks or viciousness.  However, criminal prosecution against the dog owner, is possible and within the discretion of the district attorney if the dog had previously inflicted unprovoked bites.  Okla. Stat. tit. 4, § 42.4 (2006).  

What damages can an Oklahoma dog bite victim recover?

In an Oklahoma personal injury trial or lawsuit regarding injuries sustained as a result of a dog bite, the jury is instructed to consider the following when determining the award to which the dog bite victim is entitled:

• Victim's physical pain and suffering, past and future;
• Victim's mental pain and suffering, past and future;
• Victim's age;
• Victim's physical condition immediately before and after the accident;
• The nature and extent of the victim's injuries;
• Whether the injuries are permanent;
• The physical impairment;
• The disfigurement;
• Loss of earnings and/or time;
• Impairment of earning capacity; and
• The reasonable expenses of the necessary medical care, treatment, and services, past and future.

Oklahoma Jury Instructions - Civil § Instruction 4.1.  When a dog bite injury results in death, the person's estate, though the personal representative, may be entitled to damages through a wrongful death action.   

Obtaining a monetary recovery for a dog bite in Oklahoma.

Experienced Tulsa, Oklahoma dog bite attorneys, such as the Tulsa lawyers at the Kania Law Office, know what actions must be taken to in order to obtain a favorable outcome in a Oklahoma dog bite lawsuit.  At the Kania Law Office, we provide our personal injury clients with fast referrals for medical treatment and prescription fulfillment.  Unfortunately, without zealous legal representation, just obtaining approval for the medical treatment needed can be difficult or impossible.

Once medical treatment is completed, the Tulsa injury attorneys at the Kania Law Office work aggressively to determine what insurance policies may cover the Oklahoma dog bite victim's damages, such as the dog owner's home owner's insurance, and begin the negotiation process for receiving a favorable settlement.  The Kania Law Office Oklahoma personal injury and dog bite attorneys very often can obtain a favorable settlement without having to file suit or appear in court.  However, when insurance companies and defendants provide unreasonable offers, the Kania Law Office does not hesitate in filing suit.  If a favorable offer is not received, the Kania Law Office will  put on a trial in front of a jury of our client's peers.  

If you would like a free consultation with a Tulsa personal injury dog bite attorney from the Kania Law Office please call (918) 743-2233 or fill out this form.