Alabama Dangerous Dog Law: Owner Duties, Penalties, and Liability

The Alabama dangerous dog law, known as Emily’s Law, sets up a court process for classifying a dog as dangerous, requires the owner of a declared dangerous dog to meet strict conditions to keep it, and imposes criminal penalties up to a Class B felony when a previously declared dangerous dog seriously injures or kills someone. Owners who ignore the rules risk jail, heavy costs, and a court order to euthanize the dog.

What Counts as a Dangerous Dog in Alabama

Under Alabama Code 3-6A-3, a dangerous dog is any dog, regardless of breed, that has bitten, attacked, or caused physical injury, serious injury, or death to a person without justification.¹ Police dogs performing legitimate law enforcement work are the only exception. The statute doesn’t create a separate “vicious” tier. Every dog that meets the threshold receives the same label, whether the incident was a minor bite or a fatal attack.

Breed alone can’t trigger the designation. A court must find that the specific dog actually bit, attacked, or injured a person. Lunging or chasing can support a complaint, but the court is looking for physical contact or injury without justification before it will issue a dangerous-dog order.

How a Dog Gets Declared Dangerous

The process begins when someone files a sworn statement before a city magistrate or sheriff identifying the dog, its owner if known, where the dog is kept, and why they believe it is dangerous.² An animal control officer investigates. If the complaint involves serious injury or death, a law enforcement officer handles it instead.

If the investigation supports the allegation, the dog is impounded at a county pound, shelter, or licensed veterinary facility, and the owner pays boarding, feeding, and veterinary costs during the hold. The owner can pick their own veterinarian, or consent to euthanasia at any point rather than continue through the hearing. Refusing to surrender the dog when an officer requests it is a Class C misdemeanor punishable by a fine of up to $500.³⁴

At the hearing, the prosecutor must satisfy the court that the dog bit, attacked, or injured someone without justification. The outcome then splits on severity:

If the dog caused serious physical injury or death, the court must order euthanasia. There is no discretion.
If the injury was not serious, the court evaluates whether the dog has a propensity to cause serious injury or death in the future. The judge can order euthanasia or return the dog to the owner under strict conditions.

When the dog is returned, the owner has 30 days to comply with every court-ordered condition. Miss the window and the dog will be euthanized.

What Owners Must Do to Keep a Declared Dangerous Dog

Once a court allows the owner to keep a dog it has declared dangerous, every one of the following conditions applies. Only individuals 18 or older can register a dangerous dog, and renters need written permission from the property owner.

Proper enclosure. A locked enclosure with secure sides and a secure top attached on all sides. Fencing must be sunk at least two feet into the ground or built over a concrete pad to stop the dog digging out. The enclosure must be locked whenever the dog is inside.¹
Leash and handler outdoors. Outside the enclosure, the owner must be present and restrain the dog with a secure collar and leash. The state law sets no maximum leash length, but local ordinances may.³
Microchip. The dog must carry a permanent microchip.
Spay or neuter unless a veterinarian determines it is medically unnecessary.
Current rabies vaccination, with a certificate on file.
$100,000 surety bond, with proof provided to the court or animal control office.²
Annual registration as a dangerous dog with local animal control (or the county health department if none exists), at $100 per year. Missing the renewal window triggers an additional $100 penalty.
All investigation and case costs, including pickup, impoundment, and court proceedings.

The dog can’t be off the owner’s property except for emergencies or necessary veterinary visits.

Criminal Penalties When a Dog Attacks

Section 3-6A-5 scales penalties on two factors: whether a court had already declared the dog dangerous, and how badly the victim was hurt.

If the Dog Was Already Declared Dangerous

If a dog a court has already declared dangerous attacks and causes serious physical injury or death without justification, the owner faces a Class B felony,³ which carries a prison sentence of two to 20 years.⁵ This is the most severe charge available under Emily’s Law.

If the Dog Was Not Previously Declared Dangerous

An owner can still face criminal charges without a prior court order if they had prior knowledge of the dog’s dangerous propensities and recklessly disregarded that risk:

Serious injury or death: Class C felony, one year and one day to 10 years in prison.³⁵
Physical injury that isn’t serious: Class B misdemeanor, fine up to $3,000.³

Prior knowledge is what prosecutors have to prove. Earlier neighbor complaints, prior snapping incidents, or ignored warnings from a veterinarian all supply that evidence. An owner who genuinely had no reason to think the dog was aggressive falls outside these charges.

Costs on Top of the Fine

A convicted owner also pays every expense tied to the case: shelter and food during impoundment, veterinary bills, the victim’s medical expenses, court costs, and the cost of euthanasia if ordered.³ After weeks of impoundment those costs mount quickly.

Civil Liability to Bite Victims

The criminal statute runs parallel to civil liability. Under Alabama Code 3-6-1, a dog owner is liable when the dog bites or injures someone without provocation while that person is lawfully on the owner’s property, or when the dog chased the person off the owner’s property and the injury followed immediately.⁶

That statute is narrower than most victims assume. A bite on public property or on the victim’s own property doesn’t automatically fall under 3-6-1. In those situations the victim usually has to prove negligence, often by showing the owner knew the dog was aggressive and didn’t restrain it. Alabama’s dangerous dog chapter preserves all existing civil remedies under statutory and common law, so victims aren’t confined to one theory.⁷

A successful civil claim typically recovers medical bills, lost income, pain and suffering, and scarring or disfigurement. Courts can also award punitive damages when the owner’s conduct was especially reckless. The $100,000 surety bond, if the owner obtained one, is available to cover the victim’s medical or veterinary costs. If damages exceed the bond or the owner never bought one, the victim can pursue personal assets.

Insurance and Housing Problems After a Designation

The required surety bond isn’t a substitute for homeowners insurance, and owners often discover the two don’t overlap. Many national carriers exclude coverage for dogs with a bite history or for breeds they consider high-risk. If a court has already declared your dog dangerous, expect a standard homeowners policy to exclude the dog or drop the coverage. Specialty insurers and surety bond companies handle these cases, but at much higher premiums.

Renters face a second layer. Landlords can refuse to allow a dangerous dog at all, and the owner must have written permission from the property owner to register the dog. Public housing authorities set their own policies under federal HUD guidelines, and many prohibit dogs with dangerous designations.⁸ Assistance animals, including trained service dogs and emotional support animals prescribed for a disability, are exempt from breed, size, and type restrictions in housing. The Americans with Disabilities Act also protects service dogs in public accommodations regardless of a state dangerous-dog designation, as long as the dog is under the handler’s control and housebroken.⁹ The Alabama enclosure, leash, bond, and registration rules still apply at home.

How to Report a Dangerous Dog

Reporting starts with a sworn statement before a city magistrate or sheriff. Include the owner’s name if you know it, where the dog is kept, and a clear account of why you believe the dog is dangerous.² Photographs of injuries, medical records, and witness contact information strengthen the complaint.

Medical providers who treat a dog bite may also report the incident under Alabama’s mandatory reporting rules. HIPAA permits healthcare providers to share patient information with law enforcement when state law requires it or a court orders it.¹⁰ An emergency room visit can generate a report even if the victim doesn’t file one personally.

Animal control agencies keep investigation files on record. If the same dog turns up in a later incident, that history matters: a pattern of complaints supports a dangerous-dog declaration even when earlier incidents didn’t result in formal proceedings.

1
Alabama Legislature. Alabama Code 3-6A-3 – Definitions
2
Alabama Legislature. Alabama Code 3-6A-4 – Sworn Statement, Dangerous Dog Investigation, Hearing, Procedures
3
Alabama Legislature. Alabama Code 3-6A-5 – Violations
4
Alabama Legislature. Alabama Code 13A-5-12 – Fines for Misdemeanors and Violations
5
Alabama Legislature. Alabama Code Title 13A Criminal Code Section 13A-5-6
6
Alabama Legislature. Alabama Code 3-6-1 – Liability of Owner of Dog for Injuries to Persons
7
Alabama Legislature. Alabama Code 3-6A-7 – Construction and Application of Chapter
8
US Department of Housing and Urban Development. Public Housing Occupancy Guidebook – Pet Ownership in Public Housing
9
ADA.gov. ADA Requirements – Service Animals
10
U.S. Department of Health and Human Services. When Does the Privacy Rule Allow Covered Entities to Disclose Protected Health Information to Law Enforcement Officials