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Delaware dog liability for owners of strong dogs

Delaware is one of the states that covers all injuries a dog causes, not only bites.

German Shepherd on a leash playing with its handler

The owner liability statute

The dogbitelaw.com summary of Delaware dog bite law quotes Delaware's statute: the owner of a dog is liable in damages for any injury, death or loss to a person or property caused by the dog, unless the victim was committing or attempting a trespass or other criminal offense, or was teasing, tormenting or abusing the dog. The site notes the statute reaches non-bite injuries and losses to property.

Other routes for a victim

The same source says Delaware also allows claims in negligence, negligence per se and scienter, and says the rule against dogs running at large without the owner's control is treated as negligence per se when violated.

What it means for buyersLiability does not wait for a first bite. A dog that is strong and quick makes a secure yard, a reliable recall and the right insurance more important. Ask a Delaware attorney how this applies to you.

The dangerous dog code

The Delaware Code Title 16, Chapter 30F, Subchapter V lets the Justice of the Peace Court declare a dog dangerous. An owner of a dog declared dangerous must, among other duties, carry at least $100,000 in liability insurance, keep the dog in a proper enclosure or muzzled on a non-retractable leash of 6 feet or less, post a warning sign, and have the dog microchipped. The same subchapter says a dog defending a person within the immediate vicinity from an attack is not to be considered dangerous or potentially dangerous.

Insurance and housing

Tell your insurer what dog is coming and read your lease or community rules first. State law does not override either.

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