Typically, it is the owner of the animal that becomes and remains responsible for the attacks against another person. However, there are situations where a harborer or keeper of the dog is at fault in the accident. These are common law circumstances with liability transferring to someone either negligent or that knows that the dog could harm others at some point. If the person is taking care of the dog or walking him or her among other individuals, the dog walker possesses as much liability during the activity as the legal owner of the animal. This could also include financial responsibility for the injury.
The Keeper or Harborer
Some states have strict liability laws that affect the animal attacks and dog bites when someone owns or is responsible for the animal. In legal terms, the person keeping or harboring the dog is financially liable for the incident. While the owner may also face court for the charges of the animal bite, the person walking the dog is normally the target in these situations. If he or she was not able to stop the dog, knew the animal was violent or left the dog to roam on his or her own, the walker is liable for damages and may need to pay for the medical bills of another person.
The Complications of Local Laws
The local laws of the location where the owner and walker live may apply a more general or brad term to what a dog owner is. In some states, the keeper of the dog or walker is not the owner. Then, the walker is free from liability when the dog attacks another person during the course of the walk. However, in a more localized area, the ordinance may change that to anyone that harbors, keeps, maintains the well-being and cares for the animal. With the residents subjected to the local laws, the walker’s situation changes from held to no responsibility to liable for the damages caused.
What Is Harboring a Dog?
Many statutes will answer the question of what harboring is when in regard to the dog. Some locations define the owner as someone that keeps the animal for longer than six days in a row. The harborer is the person that is the keeper for so long. If the person is a dog walker or is walking the animal for the time period defined by the state or local laws, he or she will retain liability in the attack or bite. The incident generally depends on the laws and if the person is a harborer of the dog. However, if the animal never bit or attacked anyone before, the walker may have a defense against the claim.
The Keeper Explained
Many courts will determine that only the person that provides care for the dog, custody of the animal in the usual situation and a measure of control is the actual dog’s keeper. If the person walking the dog does demonstrate these properties over an extended period of time, he or she will hold liability in an attack or bite situation. However, if the person only walks the dog occasionally, he or she may not classify as the keeper. Dominion and control are often necessary to hold the person responsible for the attack. Just being in the vicinity or with the dog does not necessarily create an at fault circumstance.
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