For many people, dogs offer much-needed companionship and loyalty, and are just as much a member of the family as their human counterparts. Dogs also provide a sense of security for their owners, offering emotional support or physical protection from intruders and other unwanted visitors. Studies have shown that owning a dog (or other pet) can bring a variety of health benefits.
But dog ownership can also have drawbacks. One of them is liability (legal responsibility) when the dog hurts someone or damages another person's property. Occasionally, a normally well-behaved companion acts out. If that happens, the dog's owner might face a personal injury claim or lawsuit.
We'll explore liability for a dog attack from the perspectives of the owner and the dog-bite victim. When might a dog owner have to pay compensation (what the law calls "damages") to someone who's injured by the animal? What steps can owners take to minimize their personal exposure? How can an injury victim collect damages, and what damages might be available?
Dog Owner Liability In a Nutshell
Just about every state has carved out a fairly clear set of legal rules covering owner liability for dog-bite injuries, whether through statutes, court decisions, or both. These rules can vary significantly from one state to the next.
While there are exceptions, most state dog-bite laws fit into one of three categories:
- strict liability laws
- one-bite rule laws, or
- owner negligence laws.
Let’s take a closer look at each one.
Strict Liability Laws
Many states (including California, Michigan, and New Jersey) have adopted strict liability rules for dog bite injuries. In a strict liability state, a dog's owner is liable for almost every injury their dog causes, even if the owner wasn't at fault.
It makes no difference that the owner knew nothing of the dog's dangerous tendencies. Nor does it matter that the dog never bit anyone before. Strict liability means the owner can be held liable even if they've done everything possible to restrain the dog or to protect the public from the dog, like put up fencing and warning signs.
Even in a strict liability state, there likely are a few defenses to liability. We discuss some of those defenses below.
One-Bite Laws
In Georgia, New York, Texas, and more than a dozen other states, a dog owner isn't liable for injuries caused by their dog's first bite, as long the owner:
- didn't know, and had no reason to know, the dog was inclined to act aggressively, and
- wasn't otherwise negligent.
In these so-called "one-bite" states, the dog gets one "free" bite or other aggressive act before the owner is deemed to be on notice. After that, the owner will be liable for injuries the dog causes.
The one-bite rule isn't an absolute shield against liability. For example, if a court finds that the owner violated some other law—like a leash law—or was negligent (left a gate open, for example), the one-bite rule probably goes out the proverbial window.
Owner Negligence Laws
Negligence is a concept that's everywhere in personal injury law, including dog-bite cases. While there's much more to it, negligence really is nothing more than failing to be as careful as you should be under the circumstances. If a reasonably careful person would act more carefully than you did in a particular situation, you've acted negligently.
The law expects you to be reasonably careful at all times, regardless of your dog's past behavior. In other words, if your negligence causes someone to be injured by your dog, you're probably on the hook—even if you live in a one-bite state and didn't know your dog might be dangerous.
Here are a few examples of dog owner negligence.
- You let your dog run free even though there's a local leash law where you live. The dog bites a neighborhood kid who's walking home from school.
- You know your dog is nervous and easily excited, but you don't take reasonable steps to shield others from the dog—like keeping it in a fenced-in yard, for example. The dog jumps on a UPS driver, who falls and suffers a broken wrist.
- The fencing you have installed, or the rope or the chain you use to restrain your dog, isn't secure enough to do the job. The dog breaks free, injuring someone.
Dog Owner Defenses to Injury Liability
All states have defenses to dog owner liability. They vary from one state to another, so be sure you understand your state's rules. Typically, a dog owner won't be liable—or their liability will be reduced—when the person who was injured:
- was trespassing when they were attacked
- provoked or teased the animal in the moments leading up to the attack, or
- was negligent, and that negligence caused the attack.
(Learn more about what happens when both you and the injured person share the fault in a dog bite case.)
Finally, take common-sense precautions to prevent your dog from injuring others. Put up signs outside your property warning others about the dog's presence. Make sure your fencing is tall enough and otherwise secure. Repair or replace fencing that has holes in it. Be sure the dog can’t tunnel beneath the fence, and that gate latches work properly. Keep your dog on a leash when you're out in public, regardless of what your state and local leash laws require.
(Learn more about what to do after your dog bites someone.)
Does Insurance Cover a Dog Bite?
Probably so, but only if:
- you told the insurance company that you owned the animal when you applied for coverage, and
- you don't own what most insurance companies consider a high-risk dog breed.
Disclose Your Dog Ownership
If you're a dog owner, be sure to disclose—at the time you apply for homeowner's or renter's insurance—that you own a dog. If you don't, and if the dog attacks and injures someone, the insurance company will almost certainly refuse to cover you and will cancel your policy. The insurance company might require you to take certain precautions, like having the dog on a chain or a leash while it's outside. Be sure to follow those precautions.
Even if you've told the insurance company about your dog, it's common for an insurer to increase your premiums or cancel your coverage when the dog bites someone—after they've defended and paid for any claim against you.
High-Risk Breeds
Most insurers refuse to insure a property when the applicant owns certain dog breeds that are considered dangerous or high risk. Typically, those breeds include pit bulls, rottweilers, German shepherds, and others that are believed to be aggressive or that have a reputation for attacks.
What Should I Do After Being Bitten By a Dog?
The steps you take in the hours and days after a dog bite can be critical. Obviously, your health and safety are your first priorities. But it's also important to consider any injury-related claim you might decide to bring over the attack. That means getting:
- prompt medical attention
- names and contact information from all eyewitnesses
- photos of the attack scene, the dog on or off leash, any open fences or gates through which the dog might have escaped, and your injuries
- documentation from your employer to prove your lost wages, and
- copies of your medical records and bills.
Once you're able, you should notify the dog owner and their insurance company that you're bringing a claim for damages. Expect to be contacted by an insurance adjuster who will ask you for lots of details, along with a recorded statement. You're under no legal (or other) obligation to give the insurance company a statement, or anything else.
Your best bet will be to tell the adjuster that you'll provide all the necessary information with a settlement demand that you or your attorney will send.
What Determines the Value of a Dog-Bite Claim?
Several factors go into figuring out the potential value of a dog-bite injury claim. These are likely to be the three biggest variables.
- How clear is the issue of fault? Is it obvious that the dog owner failed to properly control their animal—or otherwise violated the state's dog-bite laws—and that the claimant was blameless?
- How severe are the injuries? How badly was the victim hurt? How difficult and painful was the medical treatment? Were they unable to work because of their injuries? Will there be long term effects, like scarring, as a result of the bite?
- Is there insurance available? Does the owner have homeowner's insurance that covers the attack? If not, does the owner have other assets that can be used to pay for the victim's damages?
(Learn how to calculate the value of an injury claim.)
Here are two examples, based on mostly the same facts, that illustrate what a dog-bite claim might settle for.
How Do I Get Compensation After a Dog Bite?
When you've been injured by a dog bite, there are typically two paths to getting compensation for your injuries and damages.
- File an insurance claim. When the owner has insurance, you can start by bringing an insurance claim. You'll most likely make a claim against their homeowner's or renter's policy. If the attack happened on business property, your claim will be against a commercial liability policy.
- File a personal injury lawsuit. If you can't settle your insurance claim, you can file a lawsuit against the dog owner. The owner's insurance company will pay to defend them in court, and if your suit is successful, the insurance company will pay for any verdict you receive.
What damages can you collect if your claim or suit succeeds? In most cases, you'll recover damages to compensate you for your injuries and losses. Available damages will depend on the state where you live but most often, you'll collect some or all of these:
- your medical bills
- lost income and benefits for your time away from work
- other out-of-pocket costs related to your injuries and treatment
- emotional distress
- pain and suffering
- disfigurement, and
- loss of enjoyment of life.
In some states, punitive damages might be available to punish a dog owner for extreme and outrageous misconduct.
Getting Legal Help After a Dog Bite
As a dog owner, or as the victim of a dog bite, your best first step after an attack will be discussing your situation with an experienced legal professional. You want someone who knows the dog-bite laws in your state, understands the kinds of facts that make or break liability, and knows how dog-bite injuries are valued.
Here's how you can find an attorney in your area who's right for you and your case.