What are our legal rights if a neighbor's dog attacked my 5-year-old son after he was told not to enter their house?

There are 3 ways that a dog owner can be responsible for a dog attack in Alabama:

1. Under the Alabama dog bite statute, a dog owner can be responsible for any damage caused by his/her dog, if the victim was lawfully on the dog owner's property (and was either attacked there, or chased from there and then bitten. (3 Ala. Code sec. 3-6-1.)

2. Under the theory of negligence. For example, the dog owner's negligence caused the attack. For example, should the neighbor have done more to protect your son than just telling him not to go inside, such as chaining the dog or locking up the dog in another room to prevent it from getting out and possibly attacking your son while he was outside in the yard. Does the neighbor have a "Beware of Dog" sign posted?

3. Under common law strict liability, if the dog has a known dangerous propensity. For example, if the neighbor's dog has attacked before.

Keep in mind that Alabama follows the law of contributory negligence. This means that if the negligence of the victim was one of the causes of the accident, the victim will not be entitled to any compensation at all. For example, if it can be shown that your son taunted the dog and that led to the dog attacking him.

You will need to consult an attorney in your area experienced with dog bite cases. The attorney can review all the facts of your case and determine if you have grounds to take legal action and recover damages for your son. One issue is whether the invitation to build snowmen outside the neighbor's house is enough to prove that your son was lawfully on the dog owner's property. I think it was.