Alabama Dog Bite Law

How dog bite liability works in Alabama

Alabama's dog bite statute dates from 1953 and is narrower than most. Section 3-6-1 covers a person bitten or injured without provocation while lawfully on property the owner owns or controls, or chased off that property by the dog¹. Mail carriers, meter readers, utility workers, people on official duty and invited guests count as lawfully there². A bite on a sidewalk, in a park or on a neighbor's lawn falls outside the statute.

Even inside the statute, the owner keeps one escape hatch. Under § 3-6-3 the owner may prove they knew of nothing suggesting the dog was vicious, dangerous or mischievous; if they do, the award is limited to your actual expenses from the bite³. The Alabama Supreme Court has described the statute as shifting the burden of proof on knowledge to the owner, not removing it⁵. The statute reaches only the owner, not a relative or keeper who looks after the dog⁵.

Off the owner's property, claims run on the old common-law rule, which § 3-6-4 preserves⁴. You must show the owner knew, or had reason to know, of the dog's dangerous propensities; the knowledge need not be of an identical earlier bite⁵. Section 3-1-3, a 1907 statute, adds liability for careless management of a dangerous animal or letting it go at liberty, but only if you were injured "without fault on [your] part"⁶.

That fault rule matters more here than in neighboring Georgia, Florida or Tennessee, which reduce awards rather than bar them. Alabama's Supreme Court declined to adopt comparative negligence in 1993⁹. See how the states compare in the national table.

The Alabama dog bite statute

If a dog bites or injures someone without provocation, the owner is liable, but only when the person was on property the owner owns or controls, or had just been there and was chased off by the dog¹. The person must have a legal right to be there, which includes official duty, postal delivery, meter reading, utility repairs and an express or implied invitation². If the owner proves they knew of no sign the dog was vicious, dangerous or mischievous, liability is limited to the injured person's actual expenses³. The chapter does not cut back any older rights⁴.

• Law: Ala. Code § 3-6-1 (with §§ 3-6-2 to 3-6-4) (Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner), enacted 1953; last changed Not amended since enactment (Acts 1953, No. 320)
• Injuries covered: Any injury the dog causes (bites, knock-downs, chases)
• Where: Limited situations
• Who is liable: The owner
• Damages: Limited: see above

Other ways to prove liability

Outside the owner's property, Alabama follows the scienter rule: you must prove the owner knew or had reason to know of the dog's dangerous propensities, and the defendant must be the owner or keeper⁵. Knowledge can be inferred from circumstances and need not involve the exact same kind of act⁵. Section 3-1-3 imposes liability on an owner or keeper of a vicious or dangerous animal who manages it carelessly or lets it go at liberty, for injury to someone without fault⁶. Both routes survive the 1953 statute⁴.

Defenses owners raise

Provocation

Section 3-6-1 applies only to a bite or injury "without provocation"¹. Proof that you provoked the dog defeats the statutory claim.

Trespassing

The statute covers only a person with a legal right to be on the owner's property, as § 3-6-2 defines it^1,2. A trespasser must fall back on common-law negligence, where a landowner's duty to trespassers is much narrower.

Other defense

No warning signs. Under § 3-6-3 an owner who proves no knowledge of anything suggesting the dog was dangerous pays only your actual expenses under the statute³. Off the owner's property, lack of knowledge defeats a common-law claim outright⁵.

Other defense

Contributory negligence. In a negligence claim, any fault of yours that helped cause the bite can bar recovery completely⁹. Section 3-1-3 also requires that you were injured "without fault on [your] part"⁶.

Other defense

Not the owner. Only the dog's owner is liable under § 3-6-1; a parent who let an adult son keep his dog on her land was not liable as owner or keeper in Humphries v. Rice, 600 So. 2d 975 (Ala. 1992)⁵.

Shared fault

Contributory negligence (any fault can bar recovery) (Williams v. Delta Int'l Machinery Corp., 619 So. 2d 1330 (Ala. 1993)).

Alabama has no comparative-fault statute. In Williams v. Delta International Machinery Corp., 619 So. 2d 1330 (Ala. 1993), the Alabama Supreme Court refused to abandon contributory negligence, which it traced to 1831⁹. In a negligence or § 3-1-3 claim, any negligence of yours that contributed to the bite can bar recovery^6,9. Section 3-6-1 itself names only provocation as a bar; we found no Alabama appellate decision on whether contributory negligence also defeats a § 3-6-1 claim¹.

How the five fault systems compare: provocation, trespass and shared fault.

Alabama dog bite statute of limitations

2 years (Ala. Code § 6-2-38(l))

Actions for injury to the person not arising from contract must be brought within two years⁷. A claim against a city requires a sworn statement filed with the city clerk describing how, when and where the injury happened and the damages claimed¹². Claims against a county must be presented to the county commission within 12 months,¹³. Judgments against a city or county are capped at $100,000 per person for bodily injury¹⁴.

Children. A child bitten before age 19 has the shorter of three years or the normal period after turning 19, so two years: until the 21st birthday⁸. No disability extends the deadline past 20 years from the bite⁸.

Work out your own date with the dog bite claim checker, or compare deadlines in every state.

Damages

A successful negligence or common-law claim can recover medical costs, lost wages, pain and suffering, scarring and disfigurement, and mental anguish. Under § 3-6-1, an owner who proves no prior knowledge of danger pays only your actual expenses³. Punitive damages require clear and convincing proof of oppression, fraud, wantonness or malice, such as conscious disregard of a known danger¹⁵. In physical-injury cases they are capped at three times compensatory damages or $1.5 million, whichever is greater, with periodic inflation adjustments¹⁶. An owner convicted under Emily's Law must also pay the victim's medical expenses¹⁹.

Landlords and property owners

A landlord is not liable under § 3-6-1 because the statute reaches only the owner⁵. Under negligence, Gentle v. Pine Valley Apartments, 631 So. 2d 928 (Ala. 1994), holds that a tenant's dangerous dog in common areas such as a courtyard can be a dangerous condition the landlord must use reasonable care about, but only if the landlord knew or should have known of the dog's danger¹⁰. For bites off the rented property, Berg v. Nguyen, 201 So. 3d 1185 (Ala. Civ. App. 2016), affirmed judgment for landlords who knew the tenant kept dogs but lacked substantial evidence of their dangerous propensities¹¹.

Insurance

No Alabama statute limits how homeowners or renters insurers use dog breed in underwriting. The owner of a dog a court declares dangerous and returns home must carry a surety bond of at least $100,000 covering bites, injuries or death the dog causes, and show proof with each annual registration¹⁸.

More on coverage, breed exclusions and renters policies: dog bite insurance.

Why an Alabama bite claim often turns on where the bite happened

Most strict-liability states protect people in public places. Alabama's 1953 statute does the reverse: it protects people on the dog owner's own property, plus anyone the dog chases off it¹. The Legislature listed who counts as lawfully there, from postal carriers and meter readers to milk deliverers and invited guests².

The practical result: a delivery driver bitten at the front door can sue under § 3-6-1 without proving the owner knew the dog was dangerous^1,2. A jogger bitten on the street by a dog that slipped its yard cannot, unless the dog had chased them off the owner's property¹. The jogger needs proof of the owner's knowledge or negligence, and Alabama's contributory negligence rule then applies in full^5,9.

Even at the front door, the statute is not true strict liability. An owner who proves no knowledge of any vicious, dangerous or mischievous behavior limits the award to actual expenses³. Pain and suffering then depends on proving more than the statute requires.

Bite reports and quarantine

Any person who knows that a person was bitten by a dog, cat or ferret must notify the county rabies officer or health officer²². Failing to report a bite is a Class C misdemeanor²³. The Alabama Department of Public Health asks that bites be reported to the county health department on its Rabies Exposure Report²⁴.

A dog that bites a person must be quarantined for 10 days under the supervision of a licensed veterinarian, or as the health officer directs^21,22. The health officer may allow home quarantine only for a dog that is up to date on rabies vaccine; ADPH guidance also requires that the bite was provoked, that the dog is confined away from people and seen by a vet on day 10^22,25. The owner pays the costs and may not sell, give away or move the dog until it is released²².

Dangerous-dog hearings, euthanasia orders and criminal penalties are covered on Alabama dangerous dog law.

Questions about Alabama dog bite law

Is Alabama a one-bite state?

Partly. On the owner's property, § 3-6-1 makes the owner liable without proof of a prior bite, though an owner who proves no warning signs pays only your expenses^1,3. Everywhere else the common-law rule applies: you must show the owner knew or should have known the dog was dangerous⁵. See the one-bite rule guide.

My child was bitten in Alabama. How long do we have to sue?

A child has until two years after turning 19, Alabama's age of majority, which means the 21st birthday⁸. A parent's own claim for medical bills may run on a different clock, so the safest course is not to wait. See child dog bites.

Can I recover if I was partly at fault?

Often not. Alabama keeps contributory negligence, so in a negligence claim any fault of yours that contributed to the bite can bar recovery⁹. Section 3-1-3 covers only people injured "without fault"⁶. Under § 3-6-1 the stated bar is provocation¹.

Can I sue my landlord over a tenant's dog?

Only in narrow cases. The landlord must have known or had reason to know the dog was dangerous; for bites in shared areas such as an apartment courtyard, the landlord must then use reasonable care¹⁰. Courts have refused to hold landlords liable for bites off the rented property without that knowledge¹¹. See landlord liability.

My dog bit someone in Alabama. Will it be put down?

Not automatically. The dog first goes through a 10-day rabies quarantine²². Euthanasia is mandatory only if a court, after a dangerous-dog hearing, finds the dog caused serious physical injury or death¹⁸. You can also consent to it instead of an investigation¹⁸. See Alabama dangerous dog law.

Can I sue a city or county in Alabama over an animal control failure?

Procedural steps come first. A claim against a city needs a sworn statement filed with the city clerk, and a claim against a county must be presented to the county commission within 12 months^12,13. Any judgment is capped at $100,000 per injured person¹⁴.

Official contacts

Sources

1. Code of Alabama § 3-6-1, Alabama Legislature. Checked 17 October 2026.
2. Code of Alabama § 3-6-2, Alabama Legislature. Checked 17 October 2026.
3. Code of Alabama § 3-6-3, Alabama Legislature. Checked 17 October 2026.
4. Code of Alabama § 3-6-4, Alabama Legislature. Checked 17 October 2026.
5. Humphries v. Rice, 600 So. 2d 975 (Ala. 1992), Caselaw Access Project, Harvard Law School. Checked 17 October 2026.
6. Code of Alabama § 3-1-3, Alabama Legislature. Checked 17 October 2026.
7. Code of Alabama § 6-2-38, Alabama Legislature. Checked 17 October 2026.
8. Code of Alabama § 6-2-8, Alabama Legislature. Checked 17 October 2026.
9. Williams v. Delta International Machinery Corp., 619 So. 2d 1330 (Ala. 1993), Caselaw Access Project, Harvard Law School. Checked 17 October 2026.
10. Gentle ex rel. Gentle v. Pine Valley Apartments, 631 So. 2d 928 (Ala. 1994), Caselaw Access Project, Harvard Law School. Checked 17 October 2026.
11. Berg v. Nguyen, 201 So. 3d 1185 (Ala. Civ. App. 2016), Animal Legal & Historical Center, Michigan State University College of Law. Checked 17 October 2026.
12. Code of Alabama § 11-47-192, Alabama Legislature. Checked 17 October 2026.
13. Code of Alabama § 11-12-8, Alabama Legislature. Checked 17 October 2026.
14. Code of Alabama § 11-93-2, Alabama Legislature. Checked 17 October 2026.
15. Code of Alabama § 6-11-20, Alabama Legislature. Checked 17 October 2026.
16. Code of Alabama § 6-11-21, Alabama Legislature. Checked 17 October 2026.
17. Code of Alabama § 3-6A-3 (Emily's Law definitions), Alabama Legislature. Checked 17 October 2026.
18. Code of Alabama § 3-6A-4 (dangerous dog investigation and hearing), Alabama Legislature. Checked 17 October 2026.
19. Code of Alabama § 3-6A-5 (violations), Alabama Legislature. Checked 17 October 2026.
20. Code of Alabama §§ 3-6A-6 to 3-6A-8, Alabama Legislature. Checked 17 October 2026.
21. Code of Alabama § 3-7A-1 (rabies definitions), Alabama Legislature. Checked 17 October 2026.
22. Code of Alabama § 3-7A-9 (quarantine of biting animals), Alabama Legislature. Checked 17 October 2026.
23. Code of Alabama § 3-7A-12 (penalties), Alabama Legislature. Checked 17 October 2026.
24. Rabies, Alabama Department of Public Health. Checked 17 October 2026.
25. Rabies Quarantine Fact Sheet and Home Quarantine Guidelines, Alabama Department of Public Health. Checked 17 October 2026.