A dog bite injury Wyoming residents or visitors sustain can range from minor puncture wounds to disfiguring facial injuries, crushed bones in a child’s hand, or deep tissue infections that require hospitalization and surgery.

Wyoming’s Approach to Dog Bite Liability

Wyoming does not have a comprehensive dog bite statute that imposes strict liability on dog owners the way some states do. Instead, dog bite cases in Wyoming are generally governed by common law negligence principles and, in certain circumstances, by local ordinances.

Under Wyoming common law, a dog owner may be held liable for a bite injury if the owner knew or should have known that the dog had a dangerous propensity. This is sometimes referred to as the “one-bite rule,” though that label is somewhat misleading. The rule does not mean that every dog gets one free bite. It means that the injured person must show that the owner was on notice that the dog posed a risk.

Evidence that an owner knew of a dog’s dangerous tendencies can include:

If the owner knew or should have known that the dog was likely to bite and failed to take reasonable precautions, such as confining the dog, leashing it, or warning visitors, the owner may be liable for injuries caused by the bite.

Negligence in Dog Bite Cases

Even without prior knowledge of a dog’s dangerous tendencies, a dog owner in Wyoming may be liable under general negligence principles if the owner failed to exercise reasonable care in controlling the dog.

The dog owner has a duty to exercise reasonable care to prevent their dog from injuring others. This duty includes keeping the dog confined on the owner’s property, using a leash in public areas where required by local ordinance, supervising the dog around visitors and especially around children, and warning people about the dog’s presence if the dog is not visible or is in an unexpected location.

A breach of this duty occurs when the owner fails to take these reasonable precautions. Letting a dog roam freely on an unfenced property near a public road, failing to leash a dog in a park where leash laws apply, or leaving a known aggressive dog unsupervised with guests are all examples of potential breaches.

Causation requires showing that the owner’s failure to control the dog was the reason the bite occurred. If the dog was properly confined but escaped due to a defective fence installed by a third party, the analysis may shift.

Local Ordinances and Leash Laws

Many Wyoming municipalities have adopted local ordinances governing dog ownership, including leash laws, confinement requirements, and dangerous dog designations.

The City of Cheyenne, the City of Casper, and other municipalities require dogs to be leashed or confined on the owner’s property. Violation of a local leash law can serve as evidence of negligence in a dog bite case. If the dog was required to be leashed and was not, the owner’s failure to comply with the ordinance supports a finding of breach of duty.

Some municipalities also have provisions for declaring a dog “dangerous” or “vicious” after an incident. A dangerous dog designation typically imposes additional requirements on the owner, such as muzzling the dog in public, carrying liability insurance, and confining the dog in a secure enclosure. Failure to comply with these requirements after a designation can result in fines, seizure of the dog, and enhanced civil liability.

County regulations outside of municipal limits vary. In unincorporated areas of Wyoming, there may be fewer local regulations governing dog ownership, which places greater reliance on common law negligence principles.

Strict Liability for Livestock Damage

Wyoming does have a strict liability statute that applies when dogs injure or kill livestock. Under Wyo. Stat. § 11-31-105, the owner of a dog that chases, injures, or kills livestock is liable for the resulting damages without the need to prove negligence or prior knowledge of the dog’s tendencies.

This statute reflects the importance of livestock in Wyoming’s economy and culture. While it does not directly apply to dog bites on humans, it demonstrates that Wyoming law does impose heightened responsibility on dog owners in specific contexts.

Injuries to Children

Children are disproportionately affected by dog bites. National data from the Centers for Disease Control and Prevention indicates that children between the ages of five and nine are the most common victims of dog bite injuries, and bites to children are more likely to involve the face and head.

In Wyoming, where children frequently interact with dogs on ranches, at neighbors’ properties, and in public spaces, the duty of care owed by a dog owner is evaluated in light of the foreseeability of a child’s presence. A dog owner who knows that children walk past the property on their way to school, or that neighborhood children visit to play with the owner’s children, has a heightened obligation to ensure the dog is secured.

Wyoming’s comparative fault system applies to dog bite cases involving children, but the standard of care expected of a young child is lower than that expected of an adult. A five-year-old who approaches a dog and is bitten will not be held to the same standard of judgment as an adult who ignores warning signs.

If a child is seriously injured by a dog bite, the parents or guardians may bring a personal injury claim on behalf of the child. Damages may include medical expenses, future medical treatment including plastic surgery for facial scarring, pain and suffering, and emotional trauma.

Comparative Fault in Dog Bite Cases

Wyoming’s modified comparative fault rule under Wyo. Stat. § 1-1-109 applies to dog bite cases just as it does to other personal injury claims. The injured person’s own conduct is evaluated, and if they bear some responsibility for the incident, their recovery is reduced by their percentage of fault.

Circumstances that may result in comparative fault being assigned to the injured person include:

If the injured person’s fault exceeds 50%, they cannot recover any damages under Wyoming law. If their fault is 50% or less, their recovery is reduced proportionally.

Landlord Liability

In some cases, a landlord may bear liability for a dog bite that occurs on rental property. If the landlord knew that a tenant’s dog was dangerous and failed to take action, such as requiring the tenant to remove the dog or imposing restrictions in the lease, the landlord may be found negligent.

This is particularly relevant in Wyoming’s smaller communities, where rental properties may include duplexes, shared yards, and common areas where tenants and their dogs interact with neighbors and visitors. A landlord who receives complaints about a tenant’s aggressive dog and takes no action may face liability when the dog bites someone.

What to Do After a Dog Bite

If you or your child has been bitten by a dog in Wyoming, several steps can help protect your health and your legal rights.

Insurance Coverage for Dog Bite Claims

Most dog bite claims in Wyoming are paid through the dog owner’s homeowner’s or renter’s insurance policy. Standard homeowner’s policies typically include liability coverage that extends to injuries caused by the homeowner’s dog.

However, some insurance policies exclude coverage for certain breeds or for dogs with a history of biting. If the dog owner’s policy excludes coverage, the injured person may need to pursue a claim directly against the owner’s personal assets, which can be more difficult to collect.

If the bite occurred on commercial property, such as a business, a ranch open to visitors, or a rental property, the commercial general liability policy may provide coverage.

Uninsured dog owners present a collection challenge. Wyoming does not have a specific fund or mechanism to compensate dog bite victims when the owner has no insurance and no assets. This makes identifying all potential sources of liability and coverage early in the process important.

The Statute of Limitations

The statute of limitations for a personal injury claim arising from a dog bite in Wyoming is four years from the date of injury under Wyo. Stat. § 1-3-105(a)(iv)(C). If the bite results in death, the wrongful death statute of limitations is two years.

Frequently Asked Questions

When a Dog Bite Becomes a Legal Matter

A dog bite injury Wyoming residents experience can result in significant medical expenses, permanent scarring, emotional trauma, and lost time from work. Wyoming’s reliance on common law negligence principles rather than a strict liability statute means that building a strong claim requires evidence of the dog’s history, the owner’s knowledge, and the circumstances of the bite. Identifying all potential sources of insurance coverage and understanding the comparative fault implications are essential steps.

If you or your child has been bitten by a dog, documenting the injury, reporting the bite to animal control, and consulting with an attorney can help protect your rights and ensure you receive fair compensation for your injuries.