11-1025. Liability for dog bites


A. The owner of a dog which bites a person when the person is in or on a public
place or lawfully in or on a private place, including the property of the owner of the
dog, is liable for damages suffered by the person bitten, regardless of the former
viciousness of the dog or the owner's knowledge of its viciousness.


B. Nothing in this section or in section 11-1020 shall permit the bringing of an
action for damages against any governmental agency using a dog in military or police work
if the bite occurred while the dog was defending itself from a harassing or provoking
act, or assisting an employee of the agency in any of the following:


1. In the apprehension or holding of a suspect where the employee has a reasonable
suspicion of the suspect's involvement in criminal activity.


2. In the investigation of a crime or possible crime.


3. In the execution of a warrant.


4. In the defense of a peace officer or another person.


C. Subsection B of this section shall not apply in any case where the victim of the
bite was not a party to, nor a participant in, nor suspected to be a party to or a
participant in, the act that prompted the use of the dog in the military or police work.


D. Subsection B of this section shall apply only where a governmental agency using
a dog in military or police work has adopted a written policy on the necessary and
appropriate use of a dog for the police or military work enumerated in subsection B of
this section.