Dog bite liability depends heavily on state law. Some states hold owners responsible almost automatically, while others require proof the owner knew the dog was dangerous.
Two main approaches
- Strict liability: the owner is responsible for a bite regardless of the dog's history, with some exceptions such as trespassers or provoked dogs.
- The "one-bite" or knowledge rule: the owner is liable if they knew or should have known the dog was dangerous. Negligence claims may also apply.
What to do after a bite
- Wash the wound and seek medical care promptly, since bites can cause infection.
- Report the bite to animal control or local authorities.
- Get the owner's name, contact details and the dog's vaccination records.
- Photograph the injury and the scene.
- Keep medical bills and records of missed work.
Insurance and compensation
A homeowner's or renter's policy often covers dog bite liability, though some insurers exclude certain breeds. Compensation can cover medical bills, lost income and pain and scarring, which can be significant for children.
Common defenses
Owners may argue the victim was trespassing, provoked the dog or assumed the risk. Facts and state law decide whether these defenses succeed. Statutes of limitations apply, so do not wait.
Frequently asked questions
Do children get special treatment?
Many states treat child victims more generously regarding trespass and provocation, and the filing deadline for minors may be extended.
Can the dog be taken away?
Animal control can quarantine a dog to check for rabies and may declare it dangerous, depending on local law.