Dog parks have become increasingly popular in communities across the United States as designated off-leash areas where dogs can exercise and socialize. However, these communal spaces also pose certain risks, especially that of dog bites and attacks. Dog parks present unique premises liability considerations when dog bites occur.
The Rise of Dog Parks in the U.S.
Over the past couple of decades, dog parks have proliferated as more cities and towns dedicate public space for use as off-leash dog areas. There are now over 1,200 dog parks in the U.S. according to some estimates.
Dog parks allow pet owners to let their dogs run around, play, and socialize with other dogs. They provide much needed space for dogs to exercise, especially in urban areas where houses often lack backyards. The parks also allow owners to meet fellow dog lovers in their community.
However, conflicts between dogs are inevitable in these crowded off-leash spaces. Even friendly dogs can get into scuffles at parks, and dogs with aggressive tendencies pose dangers to people and other pets. As more parks open, the chances of dog bites and liability risks rise.
Why Dogs Bite in Dog Parks
Dogs typically bite in dog parks due to fear, discomfort, or instinct. One major trigger is when dogs feel threatened by unfamiliar dogs approaching their personal space. Dogs have subtle body language cues that communicate discomfort – stiffening, growling, staring, etc. When these warnings are ignored by oblivious dogs, a defensive bite often ensues. Dogs may also bite due to pain or sickness if they are inadvertently hurt during play. Protectiveness over toys, food or owners can also spark bites when other dogs approach.
Additionally, dogs naturally have instincts to herd, chase, and nip. These instincts kick in when running after quick motions. Some dogs have stronger prey drives that can be triggered at parks. Fights can erupt between intact males vying for dominance. Parent dogs may bite perceived threats to their puppies.
Most bites stem from normal dog behavior and reactions, not arbitrary viciousness. Crowded, chaotic parks with poor supervision tend to have more incidents. Reducing stressors and tensions is key to bite prevention in dog parks. With proper management, parks can be safe outlets for dogs.
Liability in Dog Bite Incidents Generally
Before examining dog park liability specifically, it helps to understand premises liability for dog bites in general. When someone suffers a dog bite injury on someone else’s property, the property owner may be liable under premises liability law. The injured person must show that:
- The property owner knew or should have known about the dog’s dangerous propensities
- The property owner failed to take reasonable steps to prevent dog bites
- This negligence resulted in the plaintiff’s injuries
Factors like whether the dog had previously displayed aggressive behavior or bitten anyone will be relevant. Property owners have a duty to protect lawful visitors or make dangers known.
Unique Dog Park Premises Liability Considerations
Dog parks create some unique premises liability challenges. The biggest issue is that dog parks are inherently designed for unleashed dog activities. Courts have previously ruled that simply allowing a dog to run unleashed doesn’t qualify as negligence on the owner’s part.
But there are other factors that could lead to owner liability in a dog park setting:
Poor Design and Maintenance
Plaintiffs may allege that the park itself was designed in a negligent manner or poorly maintained. Parks with inadequate fencing, lack of water stations, insufficient waste stations, aggressive dogs mixing with puppies, etc. could potentially lead to predictable injuries.
Failure to Post Warnings
If parks lack clear signage about the risks of off-leash play or interaction between dogs, that too could be grounds for negligence claims. Signs can remind owners to monitor their dog closely and break up scuffles.
Knowing the Dog Has Vicious Propensities
If an owner brings a dog with known aggressive tendencies into the park and the dog attacks, they can be liable for knowing and disregarding the specific risk their dog posed. This is especially true if the owner made no effort to avoid contact with other dogs.
Inadequate Supervision by Owners
Dog owners at parks must closely supervise their pets and intervene to de-escalate tense situations. An owner who fails to pay attention or restrain their aggressive dog could be liable for negligence.
Excessive Force Used to Break Up a Fight
Well-intentioned owners sometimes use excessive force or improper restraint trying to separate fighting dogs. Serious injuries to people or pets can inadvertently result. This could lead the injured party to sue the owner who accidentally harmed them while trying to stop a dog fight.
Shared Responsibility of Dog Owners
Since dog parks are communal spaces, there may be shared liability when bites occur. For example, if an owner carelessly allows their dog to harass another dog repeatedly until it bites back, both owners could share some percentage of fault.
Defenses Dog Owners Can Raise
Dog owners do have certain defenses they can raise in premises liability cases, including:
- Assumption of risk – patrons assumed the risk of unleashed dog activities at the park
- Contributory negligence – the plaintiff’s own negligence contributed to the injury
- Lack of actual or constructive knowledge – owner had no reason to suspect dog had any aggressive propensities
- Unforeseeable circumstances – the dog bite could not have been reasonably anticipated and prevented.
Mitigating Dog Park Liability Risks
While it’s difficult to eliminate liability risks entirely at dog parks, certain measures can help reduce dangers:
- Proper park layout and surfaces to minimize conflict and bites
- Double gated entry and exit points
- Clear written rules and warnings
- Close supervision requirements
- Quick waste removal
- Separate areas for small/large dogs
- Immediate ban of dogs involved in bite incidents
Dog park injuries can spur complex premises liability disputes. Though the risks cannot be eliminated, prudent practices can help mitigate issues. Ultimately, dog owners must be responsible and alert when visiting off-leash areas.
If you have been bitten by an aggressive or unsupervised dog in a poorly designed dog park, contact us today.
Visit our office at 15 Broad St #800 Boston, MA 02109 and speak to one of our dog bite attorneys.
You can also call now for a free consultation on (617) 263-0860.