Who is liable if a dog bites me in Alabama?

1. Liability Standard

Alabama combines limited statutory strict liability (on the owner's property) with common-law one-bite (off the property). Ala. Code § 3-6-1 provides limited recovery for bites occurring on the owner's premises.

2. Statutory Elements (On-Premises Strict Liability)

Plaintiff must show: (a) defendant owned the dog; (b) the bite occurred on or about the defendant's premises; (c) plaintiff was lawfully there. Under § 3-6-3, if the owner had no notice of the dog's vicious propensities, damages are limited to actual medical expenses.

3. Common-Law "One-Bite" Doctrine

For off-premises bites or for non-medical damages, plaintiff must prove scienter — that the owner knew or should have known of the dog's vicious propensities (Owen v. Hampson).

4. Trespasser Defense

The statute protects only lawful entrants on the property.

5. Provocation Defense

Provocation is a defense. Combined with Alabama's contributory negligence rule, plaintiff fault completely bars recovery.

6. Comparative Fault

Alabama retains pure contributory negligence — any fault by plaintiff bars recovery. Provocation defenses are particularly powerful here.

7. Landlord Liability

A landlord can be liable only with actual knowledge of the dog's vicious propensities and the legal ability to remove the dog.

8. Homeowner's Insurance

Alabama homeowner's policies typically cover dog bites; breed exclusions are common.

9. Damages

Statutory: medical expenses only (without scienter). With scienter, full damages including pain and suffering, lost wages, and scarring.

10. Criminal Liability

Under Ala. Code § 3-6-3, owners of dangerous dogs causing serious injury face misdemeanor or felony charges; "Emily's Law" significantly increased penalties.

This is legal information, not legal advice.