Does Wyoming follow the one bite rule?
Partly and the state's high court has explained what that really means. In Borns v. Voss, a Wyoming Supreme Court case, a girl was bitten by a dog at an outfitter's camp and the trial court ended her case because the owners had no prior knowledge the dog was vicious. The Supreme Court reversed.
The court listed three theories of recovery:
- strict liability for an owner who keeps a dog knowing of its dangerous propensities
- negligence in the care and control of the dog
- negligence based on breaking a statute or ordinance against letting an animal run at large
The opinion called the phrase one free bite a misnomer. Knowledge of a past bite only matters for the strict liability theory. If the owner failed to use reasonable care in controlling the dog, liability may follow even with no history at all.
Why Wyoming has no dog bite statute for people
Wyoming does have a dog damages law, but it protects animals. Wyoming Statutes 11-31-105 makes the owner of any dog liable when it kills, wounds, worries or chases sheep or other domestic animals.
Nothing like it exists for a bite to a person, which is why the court cases above control your claim. A local leash or at-large ordinance in your town can still matter, since breaking one is the third theory the court recognized. Learn more about the one bite rule.
Wyoming dog bite statute of limitations
A bite claim falls under the four-year period for an injury to the rights of the plaintiff not arising on contract, in Wyoming Statutes 1-3-105.
For a minor, section 1-3-114 in the same title lets the case be filed within three years after the disability is removed or within the normal period, whichever is greater.
If a county, city or other governmental entity is involved, section 1-39-113 requires a written, itemized claim presented to the entity within two years of the act, before any lawsuit.
Shared fault under Wyoming law
Wyoming uses modified comparative fault under section 1-1-109 of the Wyoming Statutes, Title 1. Your contributory fault does not bar recovery if it is not more than 50 percent of the total fault of all actors. Whatever is left is cut by your percentage.
In Borns, the owners pointed out that the child had slapped the dog before. The court still found that a jury could decide the owners did too little to control it, so the case went forward.
When to call a Wyoming dog bite lawyer
Four years is a long time, but the facts a Wyoming claim needs are short-lived. Who warned whom about the dog, how it was tied or penned and what the owner saw just before the bite all come from people's memories. A lawyer can take those statements while they are fresh and check local ordinances on dogs at large.
How to report a dog bite in Wyoming
Report the bite to your local animal control or health department. The Wyoming Department of Health, Rabies page sets out the next steps.
Before you sign with anyone, check that the attorney is licensed: use the Wyoming State Bar lawyer search.
