Court & Hearings

If your animal bites or injures someone, you could be sued in civil court and face criminal charges. The injured person can sue you for any money they paid for their injuries. If you knew your dog was vicious or dangerous, and you failed to keep it locked up, you might also be guilty of a felony.

An animal owner is anyone who owns, keeps, or cares for an animal. Animal owners are also people who let an animal stay on their property.

If you knew that your animal was vicious or dangerous, you have to pay for the injuries no matter what. The injured person would not have to prove anything except that they were injured by your animal. 

Law enforcement officers can enter your land to get a dangerous or vicious dog or a dog that might be infected with rabies.

Vicious dogs

A dog is “vicious” when the state decides after investigation that it’s especially dangerous. This can be because the dog:

• Attacks a person without justification and causes serious physical injury or death, or
• Has been found to be a "dangerous dog," as defined below, on three separate occasions.

“Serious physical injury” means any physical injury that creates a substantial risk of death or that causes death, serious disfigurement, long-lasting health problems, impairs the function of a bodily organ, or requires plastic surgery.

A dog that has been professionally trained for guard or police duties is not vicious. Your dog is also not vicious if it is determined that the dog's behavior was justified for any of the following reasons:

• The person who was injured, threatened, or killed was abusing, assaulting, or physically threatening the dog or its offspring, or had done so in the past.
• The person who was injured, threatened, or killed was committing a crime or offense against you or the person caring for your dog, or was intentionally trespassing or committing another wrongful act on property you own or occupy.
• Your dog was responding to pain or injury or was protecting itself, its offspring, you, or a member of your household. 

If the state decides your dog is vicious, you must: 

• Pay a $100 public safety fine.
• Have your dog spayed or neutered within 10 days.
• Have your dog microchipped, if it is not already.
• Keep your dog in an enclosure that meets the legal requirements, including a locked fence that is at least 6 feet tall. Animal control must approve the enclosure before your dog can be released to you. 

The only times a vicious dog can leave are:

• To go to the vet,
• If there is an emergency or natural disaster that threatens the dog’s life, or 
• To follow a court order. 

When you take the dog out, you must put a muzzle on it, and keep it on a leash no longer than 6 feet. You must keep it under your control and supervision at all times.

If you let out a vicious dog, it will be impounded. You have 15 working days to appeal the impoundment order in the circuit court of the county where the dog was impounded. Once you file the notice of appeal, animal control cannot euthanize the dog while the appeal is pending. But you must tell animal control in writing that you’ve filed an appeal. 

If you do not appeal within 15 days, the dog may be euthanized. You may have to pay the animal control agency for the time spent caring for your dog.

Dangerous dogs

"Dangerous dog" means: 

• A dog acts in way that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death when the dog is away from their home or unattended by their owner, or
• A dog bites a person without justification but does not cause serious physical injury.  

If your dog is found to be dangerous, you must pay a $50 public safety fine, and pay to spay or neuter and microchip your dog within 14 days. You might also have to:

• Have the dog evaluated, trained, or treated by a behaviorist,
• Have the dog supervised by an adult 18 years of age or older whenever it’s on public premises, and
• Keep the dog muzzled and on a leash whenever it is on public premises. 

You are responsible for all costs associated with evaluations and training ordered by a behaviorist. 

If you don’t comply with these rules, an animal control agency can impound your dog.

Can a service dog be deemed dangerous or vicious?

Generally, service animals, including guard dogs, are exempt from being considered dangerous or vicious. This is true if an attack occurs while the dog is performing expected duties and you followed the rabies vaccination rules.

How can you get your dog back if they are impounded?

Within 24 hours, the state will do its best to figure out who owns the animal and try to contact the owner.

If you want to get your dog back, you must do the following:

• Show proof that your dog has been vaccinated for rabies, or pay for it to be vaccinated,
• Pay the pound for the time spent caring for your dog,
• Pay the Animal Control Fund an impoundment fee as a penalty,
• Pay a public safety fine. You do not have to pay this fine if it is the first time your dog has been impounded, and you have the animal spayed or neutered within 14 days, and
• Pay for microchipping and registration, if you haven’t yet done so. 

There may also be other fines you will have to pay.

What if you don't want your impounded dog back?

If your dog was impounded, but you don’t want it back, it may be put up for adoption if it’s friendly enough. If the animal is not adopted after a while, it may be euthanized. 

What can you do if a person injured by your dog sues?

You might not have to pay for the injury your animal caused if:

• The injured person did something to cause your animal to attack them,
• The injured person was not acting peacefully at the time they were attacked, or
• The injured person was trespassing when they were attacked.

Things you must do after your animal bites someone

If your animal bites someone, you must:

• Contact the animal control agency in or nearest to your county within 24 hours to tell them that your animal bit a person, and
• Allow the state to keep your dog for at least 10 days so that it can be watched for signs of rabies.

If your animal bites someone, you cannot:

• Hide it,
• Euthanize it,
• Sell it,
• Give it away, or 
• Dispose of it until it is examined and released by the State.

The first time you violate this law, you are guilty of a Class A misdemeanor. Any violation after that is a Class 4 felony. 

What if your dog wasn’t vaccinated against rabies when it bit someone?

All dogs 4 months of age or older must be vaccinated for rabies. They must get a second vaccination within one year of the first. If you don’t comply with this law, you can be fined.

There is one exception to this rule. If a licensed veterinarian puts in writing that your dog is too sick to receive the rabies vaccination, your dog does not need to be vaccinated. However, if your dog bites someone, you must take the dog to the veterinarian every year. And, as soon as your dog is healthy enough to be vaccinated, you must do so.

Where can you get your dog microchipped?

At least once per year, your local animal control facility or shelter should offer microchipping services for no more than $15. Contact an agency near you to learn more.

Note: Local animal control ordinances may also apply. Check the websites of your city and county for more information. 

Can you leave your dog outside?

Yes, but not in extreme heat or cold. If you do, the police have the right to temporarily take your dog from you. They must then contact you. You will be charged for the cost of care for the dog. 

If your dog is found roaming without your supervision, it may be impounded. To reclaim it, you will have to pay the public safety fine. Certain hunting dogs or supervised dogs at a park are exempt from this rule.  

If your dog is found roaming with three or more other dogs, it may be deemed potentially dangerous. Potentially dangerous dogs have to be spayed and microchipped within 14  days of being reclaimed.