Liability for Dog Bites

10 CMC § 1127 — under Animal and Plant Control.

10 CMC § 1127

TITLE 10: LOCAL LAWS

DIVISION 1: FIRST SENATORIAL DISTRICT (ROTA)

§ 1127. 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 is liable for damages suffered by the person bitten. (b) Nothing in this section shall permit the bringing of an action for damages against any governmental agency using a dog in 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 a dog in the military or police work. (d) Subsection (b) of this section shall apply only where a governmental agency using a dog in 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. Source: RLL 18-7 § 4 (Oct. 30, 2013).