§ 1705. Dogs running at large.

1. No dog shall be permitted to run at large at any time, unless the dog is accompanied by the owner or custodian and under the owner's or custodian's reasonable control, except that a person who is an occupant of a farm or property containing 20 acres or more on which there are no more than 3 resident dwelling units may permit a dog to run at large between the 1st day of October and the last day of February, next following, provided the dog is licensed in accordance with § 1702 of this title. Any owner or custodian who violates this subsection shall be fined not less than $25 nor more than $50. For each subsequent offense occurring within 12 months of a prior offense, the person shall be fined not less than $50 nor more than $100. The minimum fine for a subsequent offense shall not be subject to suspension. For the purposes of this section, the term "dog" shall mean any dog or dog hybrid. Allowing a dog to run at large is a violation.
   
   (b) The owner or custodian of every dog shall, at all times between the hours of sunset and sunrise of each day, keep such dog either:
   

   (1) Confined within an enclosure from which it cannot escape; or
   
   (2) Firmly secured by means of a collar or chain or other device so that it cannot stray from the premises on which it is secured; or
   
   (3) Under the reasonable control of some person or when engaged in lawful hunting accompanied by the owner or custodian.
   

2. Whoever, being the owner, custodian, possessor or harborer of any female dog, allows such dog to run or remain at large in this State while in heat shall be fined not less than $50 nor more than $100. For each subsequent offense occurring within 12 months of a prior offense, the person shall be fined not less than $100 nor more than $200. The minimum fine for a subsequent offense shall not be subject to suspension. Allowing a female dog to run at large while in heat is a violation.
   
   
3. Whoever, being the owner, custodian, possessor or harborer of any dog that while running at large and without provocation, bites a person, shall be fined not less than $100 nor more than $500. For each subsequent offense involving the same dog, such owner, custodian, possessor or harborer shall be fined not less than $750 nor more than $1,500. The minimum fines provided for in this subsection, $100 for the first offense and $750 for each subsequent offense, shall not be subject to suspension. For purposes of this subsection, a dog shall not be deemed as running at large if such dog is on land owned or leased by such dog's owner, custodian, possessor or harborer.
   
   
4. Upon conviction in any court of an offense under subsection (d) of this section, the court shall cause a report to be forwarded to the Department of Natural Resources and Environmental Control. Said report shall contain the name of the defendant, the name of the dog, the license number of the dog, the date of the offense and the date of conviction. The Department of Natural Resources and Environmental Control shall maintain these reports for a period of 3 years. (25 Del. Laws, c. 245, §§ 1, 2; Code 1915, §§ 2406C, 3465; 30 Del. Laws, c. 176, § 4; 34 Del. Laws, c. 185, § 1; Code 1935, §§ 2867, 3935; 7 Del. C. 1953, § 1702; 55 Del. Laws, c. 29; 57 Del. Laws, c. 98; 60 Del. Laws, c. 395, §§ 1, 2; 65 Del. Laws, c. 149, §§ 1-3; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 278, § 1; 71 Del. Laws, c. 135, §§ 3, 4; 71 Del. Laws, c. 431, § 1.)
   
   

§ 1709. Injuring or killing dogs for certain acts.

1. Any police officer, constable or dog warden who finds a dog running at large and deems such dog to be an immediate threat to the public health and welfare may kill such dog.
   
   
2. Any person may injure or kill a dog in self-defense or to protect livestock, poultry or another human being at the time such dog is attacking such livestock, poultry or human being.
   
   
3. Any person may injure or kill a dog at the time such dog is wounding another dog if the dog being wounded is on the property of its owner or under the immediate control of its owner and being wounded by a dog that is running at large.
   
   
4. Any person who injures or kills any dog in accordance with this section shall not be held criminally or civilly liable therefor. (Code 1915, § 2406G; 34 Del. Laws, c. 185, § 1; Code 1935, § 2871; 7 Del. C. 1953, § 1706; 70 Del. Laws, c. 105, § 10; 71 Del. Laws, c. 135, §§ 6-8, 16; 71 Del. Laws, c. 431, §§ 1, 10.)
   
   

§ 1711. Liability of dog owner for damages
The owner of a dog is liable in damages for any injury, death or loss to person or property that is caused by such dog, unless the injury, death or loss was caused to the body or property of a person who, at the time, was committing or attempting to commit a trespass or other criminal offense on the property of the owner, or was committing or attempting to commit a criminal offense against any person, or was teasing, tormenting or abusing the dog. (Code 1915, § 2406J; 34 Del. Laws, c. 185, § 1; 36 Del. Laws, c. 231, § 1; Code 1935, § 2874; 7 Del. C. 1953, § 1709; 57 Del. Laws, c. 739, § 79; 71 Del. Laws, c. 431, § 11.)

Delaware Pattern Jury Instructions for Civil Practice

Dog Bite § 10.19

     The owner of an animal that isn’t normally vicious is not liable for injury caused by the animal on the owner’s property, unless the owner knew that the animal was vicious or dangerous to others.

     It is enough to establish the owner’s knowledge of the animal’s dangerous traits if the owner knows, or reasonably should know, that the animal is inclined to injure people. To find a vicious or dangerous trait, it is not necessary to find that the animal had previously attacked or bitten another person.

Dog Bite - Dog Running Free § 10.20

     Delaware law states that no dog is allowed to run free unless the dog is accompanied by the owner or a custodian and is under reasonable control, or unless the dog remains on the owner’s property. Violation of this law constitutes negligence as a matter of law.