Leash Laws in Mississippi
A dog offers unconditional love to its owner. All it asks in return is food, water, shelter, and affection. Being a responsible dog owner goes beyond basic care. You also have to keep the dog safe by having control over it when you take it for walks. That is why it is important to follow the leash laws of your community to protect your dog and your neighbors.
Unlike other states, Mississippi does not have a statewide leash law. Instead, each county and city creates ordinances pertaining to leash laws. For instance, Jackson County has the following leash law in place: “It is unlawful for any dog, cat, domesticated livestock, or any other owned animal to run at large upon the streets, alleys, or other public or private property not your own unless restrained by a leash or lead.”
Benefits of Leash Laws
Even without an official leash law, there are reasons why you want to keep a dog on a leash. Here’s why leashes matter:
- Control: Leashes allow you to maintain control of your dog. That keeps them from running off into traffic. It also keeps them from lunging at other people or animals. If you can’t control your dog on a leash, you might want to rethink walking them without training.
- Safety: A dog on a leash minimizes the risk of a dog bite or tussles with other dogs.
- Courtesy: Not everyone likes a dog. Having your dog on a leash keeps them from running up to other people who might not be as welcoming.
Leash Law Regulations
As mentioned, each county or city in Mississippi can create its own leash laws. Those laws would designate the areas where leashes are required, such as public spaces, sidewalks, and parks. There could also be designated off-leash areas where dogs are allowed to run free. However, dog owners are still responsible for watching their pets and not introducing a known “dangerous dog” into the mix.
Leash laws can also set the length of the leash. They can also establish fines for non-compliance.
Mississippi’s “One Bite Rule”
Leash laws can become a factor in a personal injury lawsuit involving a dog biting and injuring another person. Mississippi does not have a strict liability law regarding dog bites. Instead, it follows a common law principle known as the “one-bite rule.” Under that theory, a dog owner is liable for a dog bite only if that dog has a history of bad behavior or could be designated as a “dangerous dog.”
The Mississippi Legislature defines a dangerous dog in the following ways:
- Any pit bull dog in a class of dogs that specifically includes the breeds of American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier, American bulldog, and any other purebred or mixed breed dog that is a combination of these dog breeds.
- Any dog that has shown a propensity, tendency, or disposition to make or attempt an unprovoked attack, to cause injury to, or to otherwise endanger the safety of human beings or domestic animals.
- Any dog that, when unprovoked, bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal on public or private property or chases or approaches a person upon the streets, sidewalks, or on any private or public property in a menacing or terrorizing manner or apparent attitude of attack.
The bite victim has the burden of proof to establish that a dog is dangerous. In order to prove that, the victim and their lawyer need to establish the following:
- The dog owner knew about their dog’s previous dangerous behavior.
- The victim was lawfully on the property when they were bitten.
- The specific bite caused the injury that incurred damages and loss.
Regarding the previous behavior, that can include aggressive actions such as growling, snapping, chasing, lunging, or biting at people. In other words, if the dog has been a friendly dog all its life but one day bites someone, the owner might not be liable because they had no idea the dog would do that.
Exceptions to the “One Bite Rule”
Other than establishing if a dog is dangerous, there are other exceptions that could make the dog owner liable in a biting incident. Here is where the one-bite rule might not apply:
Negligence
An owner can be negligent if their actions contribute to the dog bite. For example, they could leave a backyard gate unlocked or a fence in disrepair, allowing a dog to run out. Also, if someone is invited onto the property, such as a delivery person or mail carrier, and the dog is not restrained, the owner could be negligent.
Ignoring Leash Laws
If a leash law is established and the owner ignores it, they could be liable.
Establishing the Case
If you or someone in your family suffered a dog bite injury, you should reach out to Pittman, Roberts & Welsh, PLLC. Our experienced attorneys can assess the situation and help guide you toward the best options for pursuing a claim against the dog owner. We have experience with these matters and know what to look for. Call to set up a consultation to discuss the attack.
