The Short Answer:
Emily’s Law, passed in Alabama in 2018, establishes a legal process for identifying dogs that pose a serious risk to the public after unprovoked attacks. Under the law, dogs may be labeled as “dangerous” through a court proceeding. Owners can be held criminally responsible if they fail to follow safety requirements, particularly if another attack occurs. Depending on the severity of the incident, the dog may be euthanized or returned to the owner under strict safety conditions. This law prioritizes community safety while encouraging responsible pet ownership.
Key Takeaways
- Emily’s Law was created after the fatal 2017 dog attack on Emily Colvin in Jackson County, Alabama.
- It provides a court-based framework for labeling a dog “dangerous.”
- Dogs may be euthanized or returned to the owner with strict safety guidelines.
- Owners can face felony or misdemeanor charges for failing to comply.
- The law enhances community safety and emphasizes owner responsibility.
Table of Contents
- What Is Emily’s Law?
- What Qualifies a Dog as Dangerous?
- The Legal Process for Declaring a Dog Dangerous
- What Happens After a Dangerous Dog Determination?
- Owner Responsibilities Under the Law
- Criminal Penalties for Non-Compliance
- Why Emily’s Law Is a Public Safety Milestone
- Emily’s Law in Alabama: FAQs
- Call to Action: Protect Your Rights and Your Community
What Is Emily’s Law?
Emily’s Law (Act 2018-182) is Alabama’s legislative response to severe and unprovoked dog attacks. Enacted in 2018, the law outlines a judicial process that allows a court to determine whether a dog is dangerous and what actions may be necessary to prevent future harm. These measures may include the dog’s removal, strict safety requirements for the owner, or, in extreme cases, euthanasia.
The Tragedy Behind the Law: Emily Colvin’s Story
The law is named after Emily Colvin, who was tragically killed by a pack of dogs in 2017 outside her home in Jackson County, Alabama. Her death deeply impacted her community and highlighted serious gaps in the state’s ability to hold dog owners accountable. At the time, existing laws offered little recourse to prevent future attacks or penalize negligence.
In response, lawmakers introduced Emily’s Law to close these gaps and enhance public safety through clearer legal procedures and stronger consequences for non-compliance.
What Qualifies a Dog as Dangerous?
Under the new act, a dog of any breed that has bitten, attacked, or caused physical injury – whether minor, severe, or fatal —without reason, can be declared as a dangerous dog.
The county attorney, city attorney, or municipal prosecutor can file a petition in the district court or municipal court to declare the dog as dangerous. This petition is to be served to the dog owner.
According to the act, a hearing should be conducted in court as soon as possible, in which the court reviews the evidence and decides what should happen to the dog, based on the injuries the dog caused and the threat it poses to the community.
The Legal Process for Declaring a Dog Dangerous
Our Alabama dog attack lawyers can petition the court to determine if a dog should be classified as dangerous. This legal action typically follows an unprovoked attack that results in injury.
Once a petition is filed, a district or municipal court holds a hearing to evaluate the evidence. The court considers the severity of the incident, any prior behavior, and whether the dog is likely to pose a threat to public safety in the future.
What Happens After a Dangerous Dog Determination?
Essentially, there are 3 different outcomes.
- If the court decides that the dog is dangerous and has caused serious physical injury or death to a person, the court shall order the dog to be humanely euthanized.
- If a dog is found by the court to be dangerous, but it has not caused serious physical injury or death to a person, the court can determine whether the dog will be likely to cause future serious physical injury or death.
- If the court determines that it is highly likely that the dog could cause serious injury or death, the court may order the dog to be euthanized or the court may order the dog to be returned to the owner under certain conditions outlined in the act.
Owner Responsibilities Under the Law
When a dog is legally declared dangerous under Emily’s Law, the owner must comply with specific safety requirements to reduce the risk of further incidents. These responsibilities are designed to protect both the public and the dog’s household.
Key safety measures may include:
- Keeping the dog in a secure enclosure or fenced area
- Using strong collars and leashes when outside the home
- Posting visible warning signs on the property
- Purchasing liability insurance, if required by the court
Criminal Penalties for Non-Compliance
| Offense Description | Classification |
| A dog previously declared dangerous by a court unjustifiably attacks and causes serious physical injury or death to a person. | Class B felony |
| A dog not declared dangerous unjustifiably attacks and causes serious physical injury or death to a person, and the owner had prior knowledge of the dog’s dangerous propensities and acted with reckless disregard. | Class C felony |
| A dog previously declared dangerous by a court unjustifiably attacks and causes physical injury to a person. | Class A misdemeanor |
| A dog not declared dangerous unjustifiably attacks and causes physical injury to a person, and the owner had prior knowledge of the dog’s dangerous propensities and acted with reckless disregard. | Class B misdemeanor |
| Failing to restrain a dangerous dog with a secure collar and leash; second or subsequent offense increases in severity. | Class C or Class B misdemeanor |
| Refusing to surrender a dog to animal control or law enforcement when the dog is under investigation as dangerous. | Class C misdemeanor |
| Making a false report to animal control or law enforcement that a dog is dangerous. | Class C misdemeanor |
Why Emily’s Law Is a Public Safety Milestone
Emily’s Law focuses on proactive prevention rather than relying solely on penalties after an attack. By addressing gaps in earlier laws, it strengthens Alabama’s approach to community safety.
It also empowers law enforcement and animal control agencies to act before another incident occurs, promotes public education around responsible dog ownership, and closes legal loopholes that previously made enforcement difficult.
Emily’s Law in Alabama: FAQs
No. Emily’s Law does not discriminate against specific breeds. Instead, it focuses entirely on a dog’s behavior. A dog of any breed may be classified as dangerous if it has caused unjustified injury to a person. This behavior-based approach ensures that decisions are made on the facts of an individual incident, not on breed stereotypes or generalizations.
Yes. The law provides dog owners the opportunity to present evidence during a court hearing. If a petition is filed to declare a dog dangerous, the owner can attend the hearing, dispute the allegations, provide witness testimony, and introduce any other relevant information. This legal safeguard ensures that owners have a fair chance to explain the circumstances surrounding the incident before any action is taken.
Emily’s Law is specifically designed to address situations where a dog causes physical injury or death to a human being. It does not cover incidents involving other animals. However, attacks on pets or livestock may still be subject to enforcement under local animal control ordinances or city and county laws. Owners should check with their local authorities to understand how these situations are handled in their area.
Call to Action: Protect Your Rights and Your Community
If you or someone you care about has been harmed in a dog attack, you may be entitled to take legal action under Alabama law. Emily’s Law was created to protect the public from preventable incidents and to hold negligent dog owners accountable.
To better understand your legal options and help safeguard others from similar harm, speak with an experienced attorney today.Contact an Alabama dog bite injury lawyer now for a free consultation.