[§142-75] Human bitten by dog; duty of dog owners; action against owner. (a) The owner of any dog which has bitten a human being shall have the duty to take such reasonable steps as are necessary to prevent the recurrence of such incident.

(b) Whenever a dog has bitten a human being on at least two separate occasions for which none of the exceptions specified in section 663-9.1 apply, any person may bring an action against the owner of such dog in the district court of the judicial circuit in which such owner resides, to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bites have been changed so as to remove the danger to other persons presented by such animal. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, the removal of the animal from the area or its destruction by its owner. In making its decision, the court may consider (1) the vicious or dangerous propensities of the animal, (2) the ability of the owner to adequately confine or remove the animal, and (3) the necessity of any destruction of an animal in light of the health, safety and welfare of the community. This section shall not preclude any existing common law remedies. [L 1980, c 283, §2]