Delaware Dog Law

Liability Statute

In Delaware, a dog owner is liable in damages for injury or death caused by the owner’s dog, unless the victim was committing or attempted to commit a trespass or other criminal offense on the owner’s property at the time of the injury, or unless the victim was attempting to commit a crime against any person, or unless the victim was teasing, tormenting, or abusing the dog at the time of the injury.

Dangerous Dog Statute

Delaware does not have a Dangerous Dog Statute that addresses an owner’s liability for injuries a dog may inflict on a person. Delaware does, however, have a statute that sets forth certain legal duties of dangerous dog owners. Under this statute, after Delaware officials declare a dog to be dangerous, the owner must

• maintain liability insurance of at least $100,000 to cover any damage or injury caused by the dog;
• confine the dog when it’s on the owner’s property;
• properly muzzle and restrain the dog when it’s off the owner’s property
• display a sign warning that a dangerous dog is on the premises. The sign must be visible and legible from the roadway or 100 feet, whichever is less
• Spay or neuter the dog
• immediately notify the local animal control agency when the dog is loose or unconfined, when it attacks a person or another domestic animal, when the owner moves, and when the dog dies.

Violations of this statute carry penalties ranging from $50 to $2,000.

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