Legal Options After a Fatal Dog Attack in Spencer Oklahoma

A devastating dog attack in Spencer, Oklahoma has shaken the community and left a family grieving the loss of a young child. On May 4, 2025, authorities responded to reports of a violent dog attack involving a 6-year-old boy. According to local news reports, the child was fatally injured and later died at OU Children’s Hospital. The details surrounding the attack remain under investigation, but early reports indicate that a pit bull may have been involved.

In the aftermath of such a heartbreaking tragedy, families are often left not only with immense grief, but also with difficult questions about legal responsibility and accountability. In Oklahoma, surviving family members may have the right to pursue a wrongful death claim when a fatal incident is caused by negligence or failure to control a dangerous animal.

At Hawkins Felton Injury Attorneys, we help Oklahoma families take legal action after fatal incidents like dog attacks. Our attorneys understand how to investigate these cases, determine liability, and fight for the compensation families need to begin healing.

If your family has suffered the unthinkable, we are here to help. 

Call us at (918) 731-2428 or contact us online for a free, confidential case review.

What We Know About the May 4 Dog Attack in Spencer Oklahoma

The tragic events of May 4, 2025, have left the Spencer community devastated. A 6-year-old boy was fatally attacked by a pit bull near a home in the 8700 block of North Douglas Boulevard. The child was transported in critical condition to OU Children’s Hospital, where he later passed away due to the severity of his injuries. According to KFOR News, the dog was shot and killed by officers who responded to the scene.

The Timeline of the Attack

Witness accounts suggest the incident escalated rapidly, turning a quiet afternoon into a scene of panic and horror. Neighbors reported hearing screams and rushed outside to find the child being attacked by the dog near the edge of a yard. Several residents attempted to intervene—some using objects to distract the dog or force it away, while others immediately called 911 for help. Despite their efforts, the dog’s aggression was relentless, and the boy had already sustained severe bite injuries by the time emergency personnel arrived. The incident unfolded in a matter of minutes, but its consequences will last a lifetime for the family and the broader community.

Emergency Response

Police and paramedics arrived shortly after receiving a 911 call from a distressed adult. Responders found the child with significant bite injuries and immediately began life-saving efforts. Despite their best attempts, the injuries were too severe to overcome.

The Dog Was Put Down at the Scene

Responding officers determined the dog still posed an imminent threat and euthanized the animal on-site. This is a rare but authorized action under Oklahoma law when there is a clear and present danger to public safety. The Oklahoma County Sheriff’s Office confirmed that the dog was a pit bull breed, though ownership has not been definitively established.

You can learn more about Oklahoma’s animal control enforcement procedures by reviewing the Oklahoma Animal Control Act (Title 4, Oklahoma Statutes).

Ongoing Investigation and Legal Review

The Oklahoma County Sheriff’s Office is continuing to investigate the circumstances surrounding the dog’s access to the child and whether criminal negligence may have played a role.

Was the Dog Previously Reported?

One of the key questions investigators are exploring is whether the pit bull had a history of violent behavior. In many fatal dog attacks, prior complaints or warning signs go unaddressed. Animal Control and local records will be reviewed for any previous incidents.

Potential Criminal Liability

Depending on what the investigation reveals, the dog owner may face charges related to reckless endangerment or negligent homicide. Under Oklahoma Statutes Title 21 § 701.8, a person may be criminally liable if their reckless disregard for safety results in a fatality.

Public Outcry and the Call for Stronger Regulations

Tragic events like this often ignite community concern over loose enforcement of leash laws, containment requirements, and registration mandates.

Pit Bull Regulation in Oklahoma

Unlike some states and municipalities that ban or restrict pit bulls outright, Oklahoma leaves breed-specific legislation up to local jurisdictions. Spencer does not currently have a breed-specific ban in place. However, Oklahoma City has restrictions on dangerous dogs under Municipal Code Title 8, which may become a model for Spencer if lawmakers respond to this incident.

Lack of Statewide Dangerous Dog Registry

Oklahoma does not have a centralized registry for dangerous dogs, which makes it difficult for neighbors, schools, or local agencies to track high-risk animals across jurisdictions. Some states, like Texas and Michigan, have implemented public databases for this purpose—an idea Oklahoma lawmakers may revisit in the wake of this tragedy.

Learn more about national dog bite trends and public safety data from the Centers for Disease Control and Prevention (CDC).

Dog Bite Laws and Legal Liability in Oklahoma

When a fatal dog attack occurs in Oklahoma, the legal system provides pathways for families to pursue justice. State statutes clearly define an owner’s responsibility for their animal’s actions, especially when those actions result in serious injury or death. In many cases, victims and their families may be entitled to compensation through a wrongful death claim, particularly if the attack was preventable or caused by negligent supervision.

Understanding Oklahoma’s legal framework is the first step toward holding the responsible parties accountable.

Oklahoma Follows a Strict Liability Rule for Dog Bites

Oklahoma is one of several states that enforce strict liability in dog bite cases. This means that dog owners are legally responsible for injuries their dogs cause, even if the dog has never bitten anyone before.

What Strict Liability Means for Victims

Under Oklahoma Statutes Title 4 § 42.1, a dog owner is liable for any injury or death caused by their dog if

• The victim was in a public place or lawfully on private property
• The victim did not provoke the dog

There is no requirement for the owner to have known the dog was dangerous. This removes the burden of proving negligence or prior knowledge of aggression, making it easier for victims and families to seek compensation.

Exceptions to Liability

In some cases, dog owners may avoid liability if they can prove the victim was trespassing, provoking the animal, or engaging in criminal activity at the time of the attack. However, in the case of a 6-year-old child in Spencer, these exceptions are unlikely to apply due to the victim’s age and presumed innocence.

Wrongful Death Claims in Fatal Dog Attack Cases

When a dog bite results in death, the victim’s surviving family may be eligible to file a wrongful death lawsuit under Oklahoma Statutes Title 12 § 1053. These civil actions allow families to recover damages related to funeral costs, emotional suffering, and loss of financial support.

Who Can File a Wrongful Death Claim?

Only the personal representative of the deceased’s estate can file a wrongful death claim in Oklahoma. This is often a parent or legal guardian in the case of a minor child. The claim is filed on behalf of the immediate family, which may include parents, siblings, or other next of kin.

If no personal representative is named in a will, the probate court can appoint one to act on behalf of the family.

Types of Compensation Available

A successful wrongful death claim may include multiple categories of compensation designed to address both the financial and emotional toll of a fatal dog attack. While no amount of money can replace a lost child, the law allows families to recover damages that help them manage the real-world impact of their loss. These damages are not only meant to cover immediate expenses like funeral and medical bills, but also to provide long-term financial stability and recognition of the emotional suffering endured by surviving family members. In cases involving especially reckless conduct by the dog’s owner, such as failing to restrain a known aggressive animal, additional punitive damages may also be awarded to send a message and discourage future negligence. Each of these forms of compensation plays a role in helping families begin the process of healing, rebuilding, and holding the responsible parties accountable.

Funeral and Burial Expenses

The cost of laying a child to rest can place a significant financial burden on grieving families. In Oklahoma, funeral expenses—including services, burial plots, caskets, transportation, and memorial arrangements—can easily exceed $10,000. A wrongful death claim can help families recover these costs so they are not forced to cover them out of pocket during such an emotionally devastating time. These damages are considered economic losses and are typically well-documented with invoices and receipts.

Medical Costs Associated With Emergency Treatment

Even if a child does not survive a dog attack, there are often substantial medical costs tied to emergency care. In the May 4 incident, the child was transported to OU Children’s Hospital, where he received life-saving interventions before succumbing to his injuries. These expenses may include ambulance transport, trauma care, life support, and diagnostic imaging. A wrongful death claim allows families to seek reimbursement for these costs to prevent hospital debt from compounding their loss.

Loss of Companionship and Parental Guidance

The law recognizes that the emotional loss of a child cannot be quantified, but it does allow for compensation for the intangible aspects of that loss. Parents may seek damages for the loss of companionship, affection, and the loving bond they shared with their child. Courts also consider the loss of future guidance, milestones, and emotional support the child would have provided to the family. These non-economic damages are often among the most meaningful and contested parts of a wrongful death claim.

Emotional Pain and Suffering

Parents and family members may also recover damages for the emotional trauma and psychological impact caused by the fatal attack. The sudden, violent nature of dog maulings can leave long-lasting mental health scars. These damages are separate from the loss of companionship and are meant to compensate families for the anguish, sorrow, depression, and anxiety that result from such a horrific event. Testimony from mental health professionals, as well as personal statements, may be used to support this claim.

Punitive Damages in Cases of Gross Negligence

In rare and egregious cases, Oklahoma courts may award punitive damages to punish the dog owner and deter similar future behavior. These are not based on the family’s loss, but rather on the level of negligence involved. For example, if the owner knowingly allowed a previously dangerous dog to roam freely in a residential area or ignored multiple warnings about the dog’s behavior, punitive damages may be pursued. This type of compensation sends a strong message that recklessness will not be tolerated under Oklahoma law.

According to the Insurance Information Institute, the average dog bite liability claim in the U.S. exceeds $64,000, and that number increases dramatically in fatal cases involving children.

Local Ordinances May Strengthen Your Case

While Oklahoma’s state laws provide a foundation for liability, many municipalities—including Spencer—enforce local ordinances related to leashing, fencing, and dangerous animal classification.

Violations of Local Leash Laws

In many Oklahoma cities, including those in Oklahoma County, it is illegal to allow a dog to roam freely without a leash or secure enclosure. If the dog involved in this case was not properly restrained, that fact alone may support a finding of negligence.

Prior Complaints and “Dangerous Dog” Designations

If the dog had previously shown signs of aggression or had been reported to animal control, that history could strengthen a civil case. Prior complaints, citations, or a designation as a “dangerous dog” under local law can demonstrate that the owner failed to act responsibly.

Legal Rights of Families After a Fatal Dog Attack in Oklahoma

In the aftermath of a fatal dog attack, families are often overwhelmed with grief, confusion, and urgent financial questions. While nothing can undo the pain of losing a loved one, especially a child, Oklahoma law gives surviving families clear rights to pursue justice and financial compensation. Understanding these rights is critical to taking the first step toward healing.

Families Have the Right to File a Wrongful Death Lawsuit

Oklahoma law allows the estate of a deceased individual to file a civil lawsuit when death occurs due to the negligence or wrongful act of another person. In fatal dog attack cases, the responsible party is often the dog’s owner, landlord, or another caretaker who failed to properly restrain or control the animal.

Who Can File the Lawsuit?

The right to file a wrongful death claim is granted to the personal representative of the deceased person’s estate, as outlined under Oklahoma Statutes Title 12 § 1053. In the case of a minor child, this is usually a parent or legal guardian. If no representative is pre-assigned through a will or legal document, a probate court may appoint one to act on the family’s behalf.

The personal representative brings the lawsuit, but the beneficiaries—typically the child’s parents or siblings—receive the damages awarded.

What if the Dog Owner Has No Insurance?

Even if the dog owner lacks homeowners’ or renters’ insurance, legal options may still be available. A personal injury attorney can investigate the owner’s assets and determine whether a lawsuit could result in a recoverable judgment. Additionally, some municipalities carry liability insurance for incidents involving dogs on public property or in public housing.

Families Have the Right to Seek Damages for Economic and Emotional Losses

A wrongful death claim allows families to recover a broad range of damages, both financial and non-financial, that reflect the full impact of their loss. These cases are not just about reimbursement for bills—they are about holding negligent parties accountable and ensuring that the emotional, psychological, and future financial needs of the family are addressed. When a child is lost due to a preventable dog attack, the consequences ripple through every part of the family’s life. Parents may lose the joy and companionship of their child, siblings may suffer lasting emotional trauma, and the entire household may face years of grief and recovery. Oklahoma law recognizes that these losses are profound and that families should not bear the weight alone. The legal system provides a way to seek meaningful compensation that can help cover immediate expenses, long-term emotional damage, and the future that was taken away too soon.

The following categories represent some of the most common and crucial types of damages recoverable through a wrongful death claim in Oklahoma.

• Medical and funeral expenses
• Loss of companionship, affection, and guidance
• Mental anguish and grief
• Loss of future financial support the child may have contributed as an adult

Each of these damage types is intended to address different aspects of the family’s loss. Courts often rely on expert testimony from grief counselors, economists, and medical providers to calculate fair compensation.

For more information about wrongful death compensation, the American Bar Association provides consumer guides on civil lawsuits and damage types.

Families Have the Right to Legal Representation

One of the most important rights a family has after a fatal dog attack is the right to hire an attorney to protect their interests. Dog bite cases involving child fatalities are often emotionally charged and legally complex. Insurance companies, municipal agencies, or negligent property owners may all seek to limit their responsibility.

Why Hiring a Lawyer Matters

Experienced wrongful death attorneys understand that grieving families should not have to navigate legal battles on their own, especially when facing powerful insurance companies or uncooperative dog owners. These cases are rarely straightforward. Even when liability seems obvious, defense attorneys and insurers often attempt to minimize responsibility, delay proceedings, or shift blame onto the victim or family. Skilled legal counsel is essential to leveling the playing field. An attorney who specializes in fatal dog attacks will know how to build a compelling, evidence-based case that forces accountability. From day one, they begin assembling documentation, consulting with experts, and preparing to fight for justice both in and out of court. Their support can mean the difference between a denied claim and full compensation for the family’s loss.

Secure Police and Animal Control Reports

One of the first steps a wrongful death attorney takes is obtaining official reports from local police and animal control agencies. These documents serve as the foundation for building a legal case. The police report will typically include a narrative summary of what occurred, names of responding officers, statements from witnesses, and preliminary findings. Animal control records may reveal whether the dog had been reported before, whether the owner complied with leash and vaccination laws, and if the animal had been classified as dangerous. These official records provide objective evidence to support allegations of negligence or misconduct.

Obtain Veterinary and Licensing Records

Veterinary records can shed light on the dog’s health history, vaccination status, and past behavior. If the dog had a documented history of aggression, that information can be critical in proving the owner was aware of the danger but failed to act responsibly. Licensing records can show whether the dog was legally registered and whether the owner complied with local ordinances. In some cases, unlicensed or unvaccinated dogs may indicate a broader pattern of negligence that strengthens the family’s claim.

Interview Eyewitnesses and First Responders

Eyewitness accounts are powerful tools in any personal injury or wrongful death case. Attorneys often work quickly to identify and speak with neighbors, bystanders, or delivery drivers who may have seen the attack unfold. First responders, such as EMTs or police officers, can also provide critical insight into the severity of the injuries and the behavior of the dog and owner at the scene. These firsthand accounts can humanize the case, clarify the timeline of events, and counter any attempts by the defense to shift blame onto the victim or minimize the owner’s liability.

Coordinate With Grief and Trauma Experts

Because the emotional impact of losing a child is immeasurable, attorneys often work with licensed therapists, grief counselors, and trauma specialists who can speak to the depth of a family’s loss. These experts may provide written reports or testify in court about the long-term psychological effects on parents, siblings, or close relatives. Their insights help quantify non-economic damages such as pain, suffering, and loss of companionship—damages that are critical in wrongful death cases but often disputed by insurance companies.

File Preservation of Evidence Letters to Prevent Data Loss

In serious injury or fatality cases, time is of the essence. Surveillance footage from nearby homes or businesses, text messages, and digital records can be deleted or altered if not preserved quickly. Attorneys issue preservation of evidence letters, also known as spoliation letters, to ensure that at-fault parties and third parties do not destroy or erase key materials. These letters serve as legal warnings and can support sanctions if ignored. By securing this evidence early, attorneys ensure the strongest possible foundation for a successful claim.

Hiring legal counsel early helps preserve the family’s rights and ensures no critical deadlines are missed.

No Upfront Costs for Most Families

Most wrongful death and dog bite attorneys—like those at Hawkins Felton Injury Attorneys—operate on a contingency fee basis. This means families pay nothing unless the firm wins the case. Initial consultations are typically free, and clients owe no out-of-pocket fees for legal representation. This allows grieving families to pursue justice without worrying about additional financial strain.

Filing a Wrongful Death Claim After an Oklahoma Dog Attack

Filing a wrongful death claim after a fatal dog attack may be one of the most difficult decisions a grieving family will ever make. But it’s also one of the most important. These claims are not about assigning blame out of anger—they are about pursuing justice, uncovering the truth, and making sure no other family suffers a similar tragedy. In Oklahoma, the process for filing a wrongful death claim is governed by state statutes, but navigating that process requires careful planning, legal insight, and timely action.

Understanding the Role of the Personal Representative

In Oklahoma, a wrongful death claim must be filed by the personal representative of the deceased’s estate. This is a legal requirement outlined in Title 12 § 1053 of the Oklahoma Statutes, and it applies regardless of whether the victim is a child or adult.

Appointing a Personal Representative for a Minor

If the deceased was a child, as in the case of the May 4 dog attack in Spencer, the court will typically appoint one or both parents as the personal representative. If the parents are divorced or if one parent is unavailable, the court may designate the most appropriate legal guardian to act on behalf of the estate.

This individual is responsible for initiating the claim, working with the legal team, and making key decisions throughout the process. The damages recovered are distributed to eligible family members, including parents and siblings.

Time Limits for Filing The Statute of Limitations

One of the most critical aspects of filing a wrongful death lawsuit is understanding the time limits involved. These legal deadlines are known as statutes of limitations, and missing them can prevent a family from ever pursuing a claim, even if the case is valid.

Two-Year Filing Deadline

Oklahoma law gives families two years from the date of death to file a wrongful death lawsuit. In the case of the May 4, 2025, dog attack, that means a claim must be officially filed by May 4, 2027. Waiting too long, even by a single day, can lead to automatic dismissal of the case.

Shorter Deadlines for Government-Related Claims

If the dog was owned by a government agency (such as law enforcement K-9 units or an animal in city custody) or if the attack occurred on public property with known safety issues, families may need to file under the Oklahoma Governmental Tort Claims Act, which requires a formal notice of intent within one year.

For official guidance, families can refer to the Oklahoma Attorney General’s Office on Tort Claims.

Evidence That Strengthens a Wrongful Death Case

Strong evidence is the foundation of every successful wrongful death claim. While grieving families may not be in a position to collect records or conduct interviews, a qualified attorney will take swift action to preserve time-sensitive materials and build a compelling case.

Common Types of Supporting Evidence

• Official police and animal control reports
• Medical examiner’s findings and autopsy records
• Photos or video footage from the scene
• Veterinary or ownership history of the dog
• Statements from eyewitnesses or first responders
• Proof of financial losses and funeral costs

The sooner a legal team can access this information, the better. Evidence fades, memories shift, and video footage is often deleted within days if not secured properly.

How the Legal Process Works After Filing

Once the wrongful death claim is filed, the process moves through several key stages. While every case is unique, families can generally expect the following steps.

Investigation and Pre-Litigation Negotiation

The attorney investigates the incident, assembles evidence, and may attempt to negotiate a settlement with the dog owner’s insurance company. If a fair agreement is reached, the case may resolve without going to court.

Filing of a Lawsuit

If no agreement is reached, the attorney files a formal complaint in civil court. The defendant (usually the dog owner or their insurance company) is served with legal documents and given time to respond.

Discovery and Depositions

Both sides exchange evidence and may depose witnesses, experts, or family members. This process can take several months and may uncover critical new information about the dog’s behavior or the owner’s negligence.

Mediation or Trial

Some cases settle through mediation, a confidential negotiation process led by a neutral third party. If mediation fails or is declined, the case proceeds to trial, where a judge or jury determines fault and awards damages.

For more insight into the litigation process, visit the American Association for Justice’s wrongful death litigation resources.

Common Legal Challenges in Dog Attack Cases

While Oklahoma’s strict liability laws may seem straightforward, fatal dog attack cases often involve complex legal challenges, especially when children are involved or when the facts of the incident are disputed. Insurance companies and defense attorneys are rarely quick to accept responsibility or offer fair compensation. Families pursuing a wrongful death claim should be prepared for these challenges and understand how an experienced attorney can help overcome them.

Insurance Companies May Attempt to Shift Blame

One of the most common legal tactics used in dog attack cases is comparative fault—an argument that the victim, or the victim’s parents, contributed to the incident in some way.

Allegations of Parental Negligence

In cases involving young children, insurers may argue that the child was left unsupervised or was trespassing at the time of the attack. Even if these claims are unfounded or unfair, they can affect public perception and impact the outcome of a settlement or jury trial. Defense attorneys often use these arguments to reduce liability or pressure families into accepting lower settlements.

However, Oklahoma law generally recognizes that young children, especially under age seven, cannot be held legally responsible for their own injuries. An experienced attorney can file motions to exclude such arguments and present evidence of reasonable parental care and supervision.

Learn more about how Oklahoma handles contributory negligence from the Oklahoma Bar Association.

Disputes Over Dog Ownership or Control

Another frequent challenge involves identifying who was legally responsible for the dog at the time of the attack. In some cases, the dog may have been in the care of a relative, renter, or neighbor, raising questions about liability.

Multiple Parties May Be Liable

Oklahoma courts may assign liability to

• The dog’s legal owner
• A property owner who allowed the dog to roam
• A landlord who failed to enforce leash or fencing requirements
• A caretaker or dog sitter who negligently handled the animal

If the attack occurred in a rental home or shared housing situation, landlords may attempt to distance themselves from the dog owner. But under certain conditions, they can be held liable, particularly if they knew the dog was dangerous and failed to act.

This is known as “premises liability,” and courts may consider prior complaints, lease terms, and whether the landlord had the ability to prevent the attack. For a deeper explanation, see the Legal Information Institute’s overview of premises liability.

Gaps in Animal Control Enforcement

In some Oklahoma communities, especially rural or unincorporated areas, animal control enforcement is limited. If prior reports about a dangerous dog were ignored, lost, or never acted upon, families may have difficulty proving the attack was foreseeable.

Lack of Dangerous Dog Tracking Systems

Unlike some states, Oklahoma does not have a centralized registry for dangerous or aggressive dogs. Without this tracking system, it can be difficult for families to show that the dog in question had a known history of violence. Attorneys often have to dig through local records, speak with neighbors, or file Freedom of Information Act (FOIA) requests to uncover past complaints or incidents.

Even if no formal designation was made, anecdotal evidence, such as prior bites, aggressive behavior, or repeated escapes, can help establish the owner’s knowledge of the danger and strengthen a negligence claim.

Limited Insurance Coverage or No Insurance at All

Another challenge that often arises is the lack of insurance coverage for the dog owner. Homeowners and renters insurance policies typically cover dog bite liability, but not always.

Certain Dog Breeds May Be Excluded

Many insurance carriers exclude high-risk breeds like pit bulls, rottweilers, and Dobermans from coverage. If the owner’s policy includes a breed exclusion, the insurer may refuse to pay, forcing the family to pursue compensation directly from the owner’s personal assets. In some cases, this may limit recovery unless the dog was owned by a business or the incident occurred on insured property.

Families can verify insurance coverage by requesting a certified declaration page from the owner’s insurer, or their attorney can issue a subpoena if the insurer refuses to cooperate.

How Comparative Fault Impacts Fatal Dog Attack Lawsuits

Even in cases where a dog clearly caused fatal injuries, the legal outcome can be shaped significantly by Oklahoma’s comparative fault laws. These laws allow courts to weigh the conduct of all parties involved, including the victim and their family, when determining liability and the final amount of compensation. In wrongful death cases involving children, this legal doctrine can become a battleground between grieving families and defense attorneys seeking to reduce or avoid payouts.

What Is Comparative Fault in Oklahoma?

Oklahoma follows a modified comparative negligence rule, codified under Title 23 § 13 of the Oklahoma Statutes. This means a plaintiff (or, in wrongful death claims, the deceased’s estate) may only recover damages if the victim was less than 51% at fault for the incident.

How Fault Percentages Affect Compensation

If the court finds that the deceased—or their parent or guardian—was partially responsible, the total award is reduced by that percentage. For example

• If the family is awarded $1,000,000 but found 20% at fault, they receive $800,000.
• If the deceased is found 51% or more at fault, no compensation is awarded.

This 51% rule is often used by defense teams to challenge a claim, even in cases where liability seems clear.

Common Tactics Insurers Use to Claim Shared Fault

Insurance companies may attempt to use Oklahoma’s comparative fault system to their advantage by introducing arguments that diminish the dog owner’s responsibility. These strategies include the following.

Claiming the Child Was Trespassing

In some cases, insurers argue that the child entered a yard or structure unlawfully. However, under Oklahoma law, young children are typically not held legally accountable for trespassing, especially those under the “age of reason,” often considered to be seven years old or younger.

Even if the child entered a neighbor’s yard, the dog owner may still be liable if the dog was unrestrained or previously known to be dangerous.

Arguing the Child Provoked the Dog

Another common tactic is to claim that the child provoked the dog by pulling its tail, startling it, or entering its personal space. While provocation is a legal defense under Oklahoma law, it is rarely successful in cases involving very young children, as courts recognize that children do not have the judgment or experience to predict a dog’s behavior.

Your attorney can counter these claims using expert testimony from canine behaviorists, child psychologists, and witnesses who can speak to the nature of the attack.

Blaming Parental Negligence

Defense attorneys may try to shift blame onto the parents, claiming they failed to supervise the child or allowed them to play near a known dangerous animal. While these arguments can influence jury perception, a skilled legal team can present evidence of reasonable care, routine supervision, and a lack of warnings or visible hazards that would have signaled any risk to the child.

For a broader look at how comparative fault works in wrongful death cases, the Insurance Information Institute provides a helpful breakdown.

Why Legal Representation Is Critical in Comparative Fault Cases

Because the financial implications of fault percentages are so significant, families should never attempt to navigate these cases alone. Once comparative fault becomes part of the legal conversation, the case shifts from being about what happened to being about how much blame can be shifted—and that shift can cost families everything.

How Attorneys Push Back on Fault-Shifting Tactics

Experienced wrongful death attorneys take a strategic, evidence-driven approach to counter fault-shifting tactics. They gather video footage and surveillance records to refute claims of trespassing or provocation, ensuring that the factual timeline of the incident is clearly established. Forensic evidence is used to reconstruct the attack, offering courts a precise understanding of how the events unfolded. Expert witnesses—such as child development specialists and canine behaviorists—are brought in to explain age-appropriate behavior and typical dog aggression responses, helping to dismantle misleading narratives from the defense. Attorneys also file motions to exclude irrelevant or prejudicial arguments, ensuring that the focus remains on the dog owner’s negligence and the irreversible harm suffered by the family.

By building a fact-based, emotionally compelling narrative, attorneys can prevent insurance companies from unjustly shifting the blame and denying grieving families the justice they deserve.

After a Fatal Dog Attack in Oklahoma, Your Next Step Matters

The loss of a child to a preventable dog attack is a tragedy no family should ever have to endure. In the wake of such devastation, it’s natural to feel overwhelmed, confused, and unsure of what to do next. But the legal decisions you make now can have a lasting impact on your ability to find closure, secure financial stability, and protect other children from similar harm.

At Hawkins Felton Injury Attorneys, we’ve walked alongside countless Oklahoma families facing unimaginable loss. We understand how to investigate fatal dog attacks, prove liability, and hold negligent dog owners accountable—no matter how complex the case may be. Whether you’re seeking answers, justice, or financial relief, our legal team is here to support you every step of the way.

We offer free, confidential consultations and never charge a fee unless we win your case. Let us help you protect your rights, honor your child’s memory, and move forward with strength.

Call us today at (918) 731-2428
Or contact us online to speak with an experienced Oklahoma wrongful death attorney.

Don’t wait. Evidence fades, and critical deadlines apply. Let our firm fight for the justice your family deserves—starting today.