Delaware Dog Law
Liability Statute
In Delaware, a dog owner is liable in damages for injury or death caused by the owner’s dog, unless the victim was committing or attempted to commit a trespass or other criminal offense on the owner’s property at the time of the injury, or unless the victim was attempting to commit a crime against any person, or unless the victim was teasing, tormenting, or abusing the dog at the time of the injury.
Dangerous Dog Statute
Delaware does not have a Dangerous Dog Statute that addresses an owner’s liability for injuries a dog may inflict on a person. Delaware does, however, have a statute that sets forth certain legal duties of dangerous dog owners. Under this statute, after Delaware officials declare a dog to be dangerous, the owner must
- maintain liability insurance of at least $100,000 to cover any damage or injury caused by the dog;
- confine the dog when it’s on the owner’s property;
- properly muzzle and restrain the dog when it’s off the owner’s property
- display a sign warning that a dangerous dog is on the premises. The sign must be visible and legible from the roadway or 100 feet, whichever is less
- Spay or neuter the dog
- immediately notify the local animal control agency when the dog is loose or unconfined, when it attacks a person or another domestic animal, when the owner moves, and when the dog dies.
Violations of this statute carry penalties ranging from $50 to $2,000.
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Please note: State law information collected from LexisNexis™ electronic database in 2005. All of our lawyers are licensed to practice in the state of Pennsylvania. We also have lawyers licensed to practice in Ohio, and West Virginia and we associate with experienced attorneys in other states.
The materials at this web site have been prepared by our Law Firm for information purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. These materials do not, and are not, intended to constitute legal advice. Readers should not act upon this information without seeking professional counsel. The information provided at this site is subject to change without notice. Although we try to keep our site current and accurate, you should not rely on this information or its applicability to any specific circumstances without speaking with an attorney.
