Most dogs are exactly what their owners claim: friendly, predictable, and glad to see you. But some dogs don’t get along with any person or animal, and their owners usually know it. A responsible owner keeps that dog restrained. An irresponsible one lets it roam.
What happens when a dog is off leash and unrestrained and bites someone? If you’re the victim of this kind of attack, you have the right to seek compensation for your medical expenses and lost wages. These cases are often pursued as a premises liability claim, and the burden falls on you to identify who owns the dog.
Jackson, Mississippi Dog Leash Laws
There are two levels of law that matter here.
At the state level, Mississippi has no specific dog bite statute. Liability comes from the common law: a dog owner can be held responsible when they knew or should have known their dog was dangerous, or when their own negligence allowed the attack to happen.
At the city level, Jackson’s animal control ordinance is direct: “No owner shall fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance.”
The city code defines a public nuisance to include any animal that molests passersby, attacks other animals, or is repeatedly at large. All of this means a dog owner must exert control over their pet. Failure to do so can be a clear indication of negligence, and that makes the dog owner responsible for the actions of their dog.
Legal Options Based on Who Owns the Dog
If a dog owner fails to keep their animal under reasonable control or the dog runs off leash in a public area, they can be held liable for any dog attack. What if you encounter that dog on a walk and the owner is nowhere to be found?
In that scenario, you might have to do a little investigating. If you manage to take a picture of the dog, you can ask residents in the area of the attack whether they recognize it. It’s a safe bet that if the dog is running around off leash once, it has happened before.
Once you identify the owner, you can pursue the claim.
Typically, if you make a claim, the dog owner’s homeowners insurance policy will provide compensation, but only within the policy’s limits.
If the dog is a true stray with no collar, tag, or identifiable owner, there will be no one to file a claim against. In that case, your only recourse is to have your medical expenses paid through your own health insurance.
Immediate Action Plan
If you’ve been attacked, you need to take these vital steps to protect your health and any potential claim:
Seek Medical Attention: Every dog bite carries a risk of serious infection, and an unvaccinated dog can carry rabies. Get evaluated right away. If you identify the owner, request the dog’s vaccination records; if those records can’t be found, your doctor may recommend post-exposure rabies shots, a series of injections that adds cost and stress to your recovery.
The Mississippi State Department of Health provides guidance on rabies exposure and can arrange free testing of the animal.
Contact Animal Control: Report the attack to animal control in the jurisdiction where it happened. For attacks inside the city, that’s Jackson’s animal control division. They can tell you whether the dog has a history of previous complaints.
Document the Incident: You must photograph your injuries and any torn clothing.
Locate Witnesses: If anyone witnessed the attack, get their names and contact details. You can also obtain footage from Ring cameras that supports your version of the attack.
Consult a Personal Injury Lawyer: Contact a personal injury lawyer to discuss your options and to have them act as your advocate.
Get Help After a Dog Attack in Jackson
A dog attack can be physically painful and emotionally traumatic. As you make your way through your recovery, you’ll be dealing with medical bills and potentially missed time from work. That will only add stress to your recovery.
The attorneys at Pittman, Roberts & Welsh, PLLC can provide you with the guidance you need to pursue a remedy. That can include filing a claim for medical bills, counseling, and lost wages. We have helped many Jackson residents who have been victims of a dog attack.
We understand how upsetting these kinds of incidents can be for you and your family.
Our goal is to help our clients find a fair resolution as quickly as possible. Call today to set up a free consultation. You’ll feel better when you have answers.
