Dog Bites & Attacks

Dog Bite or Scratch Reporting

Certain animal bites or scratches — exposure is the term used by Alabama law (§ 3-7A-1) — are of concern to Alabama public health authorities as potentially dangerous to you and other people and animals. Exposure is defined as:

Suspected or confirmed contact of saliva with a break or abrasion of the skin or with any mucous membrane.

Reporting is mandatory. To have knowledge of a bite or scratch and fail to report it is a crime (§ 3-7A-9). First seek medical attention; then report as soon as possible.

Alabama law specifies that “any person having knowledge that a human has been exposed — health care professionals, veterinarians, law enforcement personnel, ACOs, and members of the public” must report an exposure to any animal. Report the bite or scratch to law enforcement and public health authorities:

1. Health Department: Report to the county office of the Alabama Department of Public Health (ADPH). You will be asked for the information on the Bite Report or Rabies Exposure Report.
2. Law Enforcement: Report to the sheriff’s office or police department.
3. Health Officer: If you cannot reach ADPH, report to the county rabies officer or to the State Veterinarian, Dr. Dee Jones, at 334-206-5969.

What Happens When a Dog Bite is Reported?

A dog, cat, or ferret involved in a confirmed exposure must be quarantined or killed, per Alabama Code § 3-7A-9. Securing the animal(s) is a critical public safety protection to prevent additional attack or exposure.

Alabama law sets forth the required response. If the owner is known and has:

• no proof of vaccination, quarantine with a veterinarian is required.
• proof of rabies vaccination, a home quarantine may be authorized.

If the owner cannot be determined, state law requires that the animal be killed.

Criminal Charges & Legal Implications

In the legal system, dog bites or attacks that involve owned animals may be addressed both criminally and civilly. It is wise to gather documentation and keep photos and written records; see Evidence for guidance.

Criminal charges center around Control of Dangerous Dogs (§ 3-6A). Also known as Emily’s Law, this chapter sets forth the investigative procedure, reimbursement of medical expenses, and the available misdemeanor and felony criminal charges.

Law Enforcement should immediately seek a statement (referred to in the law as a Complaint) from the victim, a witness, or another associated person as is required for initiation of the investigation. If this does not happen, go to Law Enforcement or to the Court Magistrate to provide your statement and information.

Civil lawsuits, such as wrongful death, may be brought whether or not the owner of the animal is known. It is critical to act quickly if a case is to be brought against a municipal or county government since the notification period is as brief as six months (§ 11-47-23), creating what is, in effect, a very short statute of limitations.

Historic Origin

These requirements originated in Alabama law due to fears of rabies. Today, we know that rabies in pets is very rare and human rabies cases even rarer in Alabama: “The most recent case of human rabies in Alabama was in 1994,” according to an ADPH 2010 publication regarding a 1994 diagnosis related to bat exposure. We are not aware of a single human rabies case since then.

Today, we recognize the reporting and securing of potentially dangerous animals as necessary for the protection of public safety whether or not there is a risk of rabies.

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[Additional Sources: Cherokee County Animal Services Manager Dustin Dutton, Alabama Administrative Code Rule 420-4-4-.03.]