CHAPTER 220
S.P. 189 - L.D. 661
An Act to Make an Owner Responsible for Injuries Caused by a Dog
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §3961, as amended by PL 1999, c. 254, §8, is repealed and the following enacted in its place:
§3961. Reimbursement for damage done by animals
1. Injuries and damages by animal. When an animal damages a person or that person's property due to negligence of the animal's owner or keeper, the owner or keeper of that animal is liable in a civil action to the person injured for the amount of damage done if the damage was not occasioned through the fault of the person injured.
2. Injuries by dog. Notwithstanding subsection 1, when a dog injures a person who is not on the owner's or keeper's premises at the time of the injury, the owner or keeper of the dog is liable in a civil action to the person injured for the amount of the damages. Any fault on the part of the person injured may not reduce the damages recovered for physical injury to that person unless the court determines that the fault of the person injured exceeded the fault of the dog's keeper or owner.
Sec. 2. 7 MRSA §3961-A is enacted to read:
§3961-A. Attack on service dog
A person who owns or keeps a dog that attacks, injures or kills a service dog while the service dog is in discharge of its duties commits a civil violation for which a forfeiture of not more than $1,000 may be adjudged.
When a person is adjudicated of a violation of this section, the court shall order the person to make restitution to the owner of the service dog for any veterinary bills and necessary retraining costs or replacement costs of the dog if it is disabled or killed.
For the purposes of this section, "service dog" means a guide dog for the visually impaired, a hearing dog trained to alert a person with impaired hearing or a personal care dog as defined in Title 17, section 1312, subsection 7.
Effective September 21, 2001, unless otherwise indicated.
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