Idaho is not simply a traditional “one-bite” state. Under current law, a dog owner or other responsible person may face civil liability when a dog injures someone who was not trespassing, subject to certain exceptions. A prior finding that the dog was dangerous or at risk is not required.
This means a dog does not necessarily get “one free bite” before its owner can be held responsible. Idaho law and court decisions can both affect liability after a dog attack.
Is Idaho a One-Bite State?
Historically, Idaho followed a rule similar to the one-bite rule. An owner could be liable if they knew or should have known the dog had vicious or dangerous tendencies. A prior bite could provide evidence of that knowledge, but it was not required.
However, Idaho changed its statutory law in 2016. The current statute provides a separate basis for civil liability that does not require a prior determination that the dog was dangerous or at risk.
Does Idaho Have a Strict Liability Dog Bite Law?
Idaho Code § 25-2810 provides that a dog that physically attacks, wounds, bites, or otherwise injures a person can subject its owner or another person responsible for the dog to civil liability.
Importantly, the statute states that a prior determination that the dog is dangerous or at risk is not a prerequisite to civil liability. In practical terms, an injured person may not need to show that the dog previously bit someone before pursuing a claim under the statute.
However, liability is not automatic in every case. The statute contains exceptions involving trespassing, provocation, other justified conduct, and certain uses of law enforcement dogs.
When Can a Dog Owner Be Liable in Idaho?
Liability depends on the circumstances surrounding the attack. Under Idaho law, important questions may include whether the injured person was trespassing and whether the dog was provoked or otherwise justified in its actions.
Evidence that may become important after an attack includes:
- Photographs and videos
- Medical records
- Witness statements
- Animal control records
- Prior complaints involving the dog
- Evidence showing where the attack occurred
Preserving this information can help establish what happened and whether the owner or another responsible person may be liable.
What Is Considered a Dangerous Dog in Idaho?
Idaho law distinguishes between “at-risk” and “dangerous” dogs. An at-risk dog generally includes a dog that bites someone without justified provocation but does not cause a serious injury.
A dangerous dog can include one that causes a serious injury without justified provocation. A dog previously found to be at risk can also qualify as dangerous if it later bites or physically attacks someone without justified provocation.
These classifications can result in requirements for how owners control their dogs.
Can I Recover Compensation After an Idaho Dog Bite?
Depending on the circumstances, someone injured in a dog attack may be able to seek compensation for losses resulting from the injury. These losses can vary significantly based on the severity of the attack.
A dog bite claim may involve:
- Medical expenses
- Lost income
- Future medical treatment
- Pain and suffering
- Scarring or disfigurement
- Other injury-related losses
Feller & Wendt, LLC has more than 120 years of combined experience and has recovered over $100 million for clients. An Idaho dog bite attorney can evaluate the circumstances and explain what types of damages may be available.
FAQs
Does a Dog Get One Free Bite in Idaho?
No. Current Idaho law does not require that a dog have bitten someone before civil liability can arise. A prior determination that a dog is dangerous or at risk is also not required.
Does Provocation Matter in an Idaho Dog Bite Case?
Yes. Idaho law recognizes justified provocation as an important issue in dog bite cases. It generally involves conduct that a reasonable person familiar with dog behavior would expect to trigger a bite or attack by an ordinary dog. Whether provocation occurred depends on the circumstances.
What if I Was Trespassing When the Dog Attacked?
Idaho’s statutory civil liability provision applies to a person who was not trespassing when injured. The circumstances of the person’s presence on the property can therefore be important to a claim.
Contact the Idaho Dog Bite Attorneys at Feller & Wendt, LLC for Help Today
Dog bite cases can involve questions about the circumstances of the attack, the dog’s history, and Idaho’s liability rules. Feller & Wendt, LLC can investigate what happened and help you understand your options for pursuing a claim.
If you were injured in a dog attack in Idaho, contact our experienced Idaho dog bite lawyers today to schedule a free consultation to discuss your case.
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Boise, ID, 83713
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