Owner vs Keeper Liability in Maine: Who Is Legally Responsible for a Dog Attack?
In Maine, legal responsibility for a dog attack is not strictly limited to the person named on the dog's adoption papers. Under Me. Rev. Stat. tit. 7, § 3907 and Me. Rev. Stat. tit. 7, § 3961, a 'keeper'-anyone exercising care, custody, or control over the animal-can be held equally liable for injuries the dog causes while off-premises.
When a dog attack occurs in Maine, the most pressing question for the victim is: Who is going to pay for my medical bills? Many assume that only the legal owner of the dog can be sued. However, Maine law casts a wider net to protect public safety. If a dog bites someone while under the temporary supervision of a friend, a dog walker, or a boarding facility, that temporary custodian may be held financially responsible. Navigating the legal distinction between an "owner" and a "keeper" requires a thorough understanding of state statutes and case law. Whether your case involves filing a claim against a commercial kennel or bringing a lawsuit to the Kennebec County Superior Court, Augusta, identifying the correct liable party is crucial to securing compensation.
Step-by-Step Process to Identify the Legally Responsible Party
Determining liability in third-party dog custody situations can be complex. Following a structured investigation process helps ensure you target the correct insurance policy.
Step 1: Determine the Legal Owner
The first step is always to identify the dog's legal owner. This is the person who holds the municipal dog license, pays the veterinary bills, and houses the dog permanently. An attorney can request town licensing records from the local municipal clerk to establish formal ownership.
Step 2: Establish Who Had Physical Control
If the owner was not present during the attack, you must investigate who was physically holding the leash or responsible for securing the gate. Did a dog-sitting service fail to lock the front door? Did a relative take the dog to a public park? Identifying the person in immediate control establishes the "keeper" status.
Step 3: Analyze the Scope of Custody (Case Law)
Maine courts look closely at the nature of the temporary custody. Precedents like Parrish v. Wright, 828 A.2d 778 (ME Supreme Judicial Court 2003) demonstrate that merely petting a dog or holding a leash for five seconds may not make someone a legal "keeper." A keeper must have assumed a degree of ongoing care, custody, or control over the animal.
Step 4: Pursue Joint and Several Liability
If both an owner and a keeper are identified, your lawyer may file claims against both parties' insurance policies. This legal strategy maximizes the available coverage to pay for severe injuries, especially if one party is underinsured.
Statutory Definitions: Owner vs. Keeper
Under Me. Rev. Stat. tit. 7, § 3907(21), an "owner" is defined broadly as any person owning, keeping, or harboring a dog. Because the statute explicitly includes the word "keeping," Maine's strict liability statute for off-premises damage (Me. Rev. Stat. tit. 7, § 3961) applies equally to non-owners who have taken responsibility for the dog.
Dog Sitters and Professional Walkers
When an owner hires a dog walker or a pet sitter via an app, they transfer the care and custody of the animal to that professional. If the dog breaks away from the dog walker in a neighborhood in Brunswick and bites a jogger, the dog walker (and their commercial liability insurance) can be held strictly liable as the keeper. The owner may also remain liable depending on the specific contracts signed.
Boarding Kennel Operators
Commercial boarding kennels assume full custody of dogs. If a dog escapes a poorly maintained enclosure at a kennel and causes a car accident or bites a pedestrian off the property, the kennel operator is the legal keeper. Commercial facilities are required to carry substantial liability insurance for exactly these scenarios.
Family Members and Temporary Custodians
A frequent scenario involves an adult child leaving their dog with their parents for a week. If the dog attacks a neighbor while in the parents' care, the parents are legally considered the keepers. This often means the parents' homeowner's insurance policy will be responsible for covering the victim's damages, which can create complicated family dynamics but is necessary for the victim to recover medical costs.
How Joint and Several Liability Works
In cases where both the owner and the keeper are deemed negligent or strictly liable, Maine allows victims to seek full compensation from either party. If the dog walker has no insurance, but the dog owner has a $300,000 homeowner's policy, your attorney will typically focus the demand on the owner's policy. The courts prioritize ensuring the victim is fully compensated over sorting out exactly how the owner and keeper split the bill.
How Much Does it Cost in Maine?
Investigating multiple liable parties requires legal expertise, but injury victims rarely pay out of pocket.
| Service / Expense | Typical Cost Structure |
|---|---|
| Attorney Representation | Contingency fee (typically 33% to 40% of the settlement) |
| Insurance Asset Searches | $150 to $300 (advanced by the law firm) |
| Court Filing Fees | $175 in Superior Court (e.g., Sagadahoc County Superior Court, Bath) |
How Long Does the Process Take?
Cases involving both an owner and a keeper often take longer to settle because the two insurance companies may point fingers at one another. While a standard single-owner dog bite might settle in 4 to 6 months, a disputed keeper liability case can take 9 to 18 months to resolve, especially if formal litigation and depositions are required to establish exactly who had "control" of the dog at the moment of the attack.
Frequently Asked Questions (FAQ)
Can a landlord be considered a 'keeper' if they allow a dog in their building?
Generally, no. Simply being a landlord and allowing a tenant to have a dog does not make the landlord a 'keeper' under Maine law, because the landlord does not exercise daily care, custody, or control over the animal. However, a landlord might be liable under standard negligence if they knew a vicious dog was loose in common areas and failed to act.
What if the dog owner is a minor?
In Maine, minors can actually be held personally liable for their torts and may be sued through a legal guardian or guardian ad litem under Me. R. Civ. P. 17(b). Parents do not have automatic common-law liability for a child's actions, and general parental statutory liability under Me. Rev. Stat. tit. 14, § 304 is strictly capped at $800 for willful or malicious damage. Instead, parents are typically held liable for dog attacks because they serve as the animal's legal keepers or owners under Me. Rev. Stat. tit. 7, § 3907(16) and Me. Rev. Stat. tit. 7, § 3907(21), triggering strict liability under Me. Rev. Stat. tit. 7, § 3961 and invoking coverage through their homeowner's insurance.
Does homeowner's insurance cover a dog bite if the dog wasn't at the house?
Yes, standard homeowner's and renter's insurance policies typically provide liability coverage for the policyholder regardless of where the incident occurred, meaning an off-premises attack at a park is usually still covered.
Can I sue a dog walker if I signed a waiver?
If you are the injured third party, you did not sign a waiver, so you can absolutely sue the dog walker. If you are the owner and your dog was injured by the walker, the waiver may complicate your claim, but gross negligence often overrides standard liability waivers.
Determining who to hold accountable after a dog attack is a complex legal puzzle. Use our directory to find a skilled personal injury attorney in Maine who can properly identify all liable parties and fight for the maximum compensation available.
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