The rural-area exception in Oklahoma's dog bite law
Few states write geography into a dog statute. 4 O.S. 42.3 says the strict liability rule does not apply to rural areas or to cities and towns without city or village U.S. mail delivery. It also keeps any other existing right to sue over dog bites.
In Nickell v. Sumner, 1997 OK 101, an owner argued his acreage was rural because it was zoned agricultural with no city utilities. The Oklahoma Supreme Court disagreed. The land was inside Yukon's city limits with mail delivery and city residents cannot qualify for the exception just by showing their property looks rural.
Is Oklahoma a strict liability state for dog bites?
Yes, outside that exception. Under 4 O.S. 42.1, the owner is liable for the full amount of damages when the dog, without provocation, bites or injures a person who is where they have a lawful right to be.
Section 42.2 lists who counts as lawfully on the owner's land: people doing a duty under state or federal law or postal rules, meter readers, utility repair crews, workers hired by the owner or a tenant and invited guests.
Nickell lists four elements: ownership, no provocation, a bite or other injury by the dog and your lawful presence. The court also said the statute needs an act of aggression toward a person. There, a dog went after a horse, the horse bucked and the rider could not use the statute.
Oklahoma dog bite statute of limitations
Plan on two years. 12 O.S. 95(A)(3) gives two years for "an action for injury to the rights of another, not arising on contract," the two-year clause used for injury suits. Paragraph (A)(2) of the same section gives three years for "a liability created by statute." The text does not say which one fits a claim under the dog statute, so treat two years as your deadline.
For a child, section 96 lets a person under a legal disability when the claim arose sue within one year after the disability is removed.
Public bodies have their own rule. Under 51 O.S. 156, a claim against the state or a political subdivision is barred unless notice is presented within one year after the loss.
What happens if you share the blame
23 O.S. 13 sets modified comparative negligence. Your own negligence does not bar recovery unless it is of greater degree than the negligence of the person or the combined negligence of the people, who caused the harm.
Provocation is a separate issue. The statute only covers a dog acting without provocation, so expect the owner to say you teased or startled it.
Oklahoma dangerous dog law and insurance
Under 4 O.S. 44, a dog that inflicts severe injury on a person without provocation is a dangerous dog. A dog that bites a person unprovoked can be labeled potentially dangerous.
Section 45 requires the owner of a dangerous dog to register it. Registration requires a proper enclosure, warning signs, including one for children and liability insurance or a surety bond of at least $50,000 for personal injuries the dog inflicts. Ask for that policy if the dog was already registered.
Section 42.4 makes it a crime to let a dog that previously bit or severely injured someone run loose or attack a person. A lawyer can use those records to show what the owner knew.
How to report a dog bite in Oklahoma
Report the bite to your local animal control or health department. The Oklahoma State Department of Health, Rabies and Animal Bites page sets out the next steps.
Before you sign with anyone, check that the attorney is licensed: use the Oklahoma Bar Association lawyer search.
