SEPTEMBER 2025 | 39 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. Property owners should also evaluate the specific conditions at each property, particularly whether adequate fencing is in place to prevent dogs from escaping. In several of the cases discussed above, proper fencing might have prevented the attacks. When fencing is not feasible or sufficient, owners must consider alternative measures, such as using secure chains or enclosures to ensure dogs are safely restrained. Second, all property owners should stay current on all ordinances that apply where their properties are located. Special attention should be devoted to ordinances governing how property owners must prevent dangerous, vicious or menacing animals from residing on their properties. If there is a chance such an animal is present, immediate action must be taken to remove the animal with or without its owners. Many leases include provisions making such removals or evictions possible. Property owners should be aware that conduct as simple as a dog destroying part of a fence to reach another animal or person is sufficient to render a property owner liable under ordinances in effect throughout Oklahoma City, and ignoring such situations is at their own peril. Once an owner has notice that a dog may be aggressive, dangerous, vicious or menacing (as defined by applicable ordinances or otherwise), the owner must take prompt action that is appropriate for whatever circumstances exist. Third, property owners can take preemptive action through written lease provisions limiting the size of any animal permitted on the premises, ensuring that any dog residing with a tenant would not be large enough to inflict serious injuries to a person or another animal. However, such provisions are only effective if owners evaluate dogs that tenants seek to have on their properties. It may be time-consuming to approve such dogs, but most leases include the right to do so, and the stakes of allowing tenants to bring any dogs they desire far outweigh the burden of preventing potentially aggressive, dangerous, vicious or menacing dogs from residing at their properties. Property owners can also ban dogs of specific breeds through written leases, and it is difficult to justify allowing the types of dogs that are repeatedly involved in a majority of lethal attacks, regardless of whether many such dogs will ever attack anyone. Last, property owners should seek information about dogs or animals that may be brought to their properties from tenants’ prior landlords. This task can be added to routine verifications that occur, and it may prevent children or others from enduring brutal attacks that injure and scar them for life. ABOUT THE AUTHOR Keith F. Givens of Mansell & Engel has represented clients in personal injury and insurance cases for more than 30 years. In addition to litigating such matters, he has presented wide-ranging topics at numerous seminars and written articles for various publications. He also played a significant role in the creation of Oklahoma’s donor registry and served as a charter member of Oklahoma’s Advisory Council on Organ Donation. Mr. Givens was lead counsel in Terrell v. Chapman, et al. (discussed above). ENDNOTES 1. Bishop By and Through Childers v. Carroll, 1994 OK CIV APP 37, 872 P.2d 407; Eastin v. Aggarwal, 2009 OK CIV APP 67, 218 P.3d 523; Taylor v. Glenn, 2010 OK CIV APP 20, 231 P.3d 765. 2. Hampton By and Through Hampton v. Hammons, 1987 OK 77, ¶12, 743 P.2d 1053, 1055-56. 3. Hampton at 1056. 4. Hampton at 1058. 5. Id. 6. Oklahoma City Code of Ordinances, 8-132. Emphasis added. 7. Oklahoma City Code of Ordinances, 8-133. Emphasis added. 8. Terrell v. Chapman, et al., CJ-20-1625 (Oklahoma County). 9. Wishon v. Hammond, 2023 OK CIV APP 36, 538 P.3d 1197. Willingness is the key. Recovery is available for everyone. The trouble is that it’s not for all who need it, but rather for those who want it. – Clif Gooding, OBA Member www.okbar.org/LHL Free Confidential Assistance Call 800-364-7886 for a free counselor referral. If you are in crisis or need immediate assistance, call or text 988.
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