When a Dog Owner Is Not Liable for a Dog Bite

The majority of dogs are well-behaved and pose no threat to the physical safety of people. Unfortunately, a small number of dogs do bite or attack humans and can cause serious injuries. Even in non-fatal cases, victims may have thousands of dollars in medical bills and other damages.

Victims of a dog attack can bring a personal injury claim against the dog’s owner to recover damages. However, not every bite attack is legally considered the owner’s fault. To understand when an owner is liable for animal bite injuries, talk to a dog bite lawyer for legal advice.

Different State Laws for Dog Bite Liability

In many states, dog owners are strictly liable for any injuries or damage caused by their animal. Under strict liability, it’s unnecessary for a victim to prove the animal previously attacked someone else in order to recover damages.

Other states require a showing of negligence, or that the dog owner knew of the dog’s dangerous propensities. Some states have adopted a “one bite rule” with respect to animal attacks. In one-bite states, an owner who exercises “reasonable care” in controlling their dog is not liable for an attack if the animal had no prior history of aggression (for example, the first bite).

Some states classify dangerous dogs coming from specific dog breeds — such as pit bulls or Rottweilers. Under these laws, those breeds are inherently dangerous and dog owners are strictly liable for dog bites.

Even if you were on notice that your dog has “dangerous propensities,” personal injury attorney Maria K. Patterson says there are precautions you can take to protect yourself from a dog bite lawsuit. Precautions include keeping the dog adequately confined to your private property and, when on public property, and following leash laws.

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Litigating Dog Bite Liability

Patterson, who practices in Annapolis, Maryland, has handled pet bite cases from both sides of the aisle. She recalls a colleague who had what she thought was a fairly open-and-shut case.

“She thought she would win because the dog was eating roadkill, and a woman went out there with a broom and was hitting the dog over the head,” she says. “We thought that was not very bright on her part, because he thinks he’s having a steak dinner, she hits him and — surprise, surprise — she got bit.”

This case is an interesting example because two competing arguments were at play. On the one hand, the dog was clearly provoked by the woman; on the other, the dog was clearly roaming free. In the end, the jury ruled in favor of the woman. Here is a rundown on the dog-bite liability laws, and the things a dog owner can do to defend themselves from such suits.

No Liability When a Dog Is Provoked or Bites Someone Committing a Crime

In many states, provocation by the alleged victim is a defense to the owner’s liability. For example, Maryland law says that a dog owner “is liable for any injury, death, or loss to person or property that is caused by the dog, while the dog is running at large.”

However, there are three general exceptions to this rule:

• The dog attacked someone who was “committing or attempting to commit a trespass” or a related crime. In plain English, if your dog bites a burglar breaking into your house, the burglar cannot sue you for damages.
• Along the same lines, a dog owner is not liable if the animal bites someone who is “[c]ommitting or attempting to commit a criminal offense against any person,” such as murder, rape or assault.
• The owner is not responsible for a dog bite when the victim or a third party provoked the attack by “teasing, tormenting, or abusing” the animal.

Defenses to Dog Bite Liability

“You’re always asking, ‘Did the plaintiff do something to contribute or assume the risk, which would be something like provocation?’ When an owner’s dog bites someone, it is not automatic negligence,” says Patterson.

“For instance, if the dog felt threatened due to a victim’s objectively unreasonable actions, that could be a defense. Likewise, if a victim was warned of a known risk with regard to the pet, a victim may assume the risk of injury if they chose to voluntarily encounter the risk.”

If your dog has never done something like this before — and you have witnesses on your side to attest as such — Patterson says the plaintiff would have to prove some manner of negligence. “If the dog was at large, that’s automatically a violation of the statute,” she says. “Once the dog is off the property, and off-leash, I would probably look to settle the case.”

Comparative Negligence for Dog Bite Incidents

When the victim shares fault in the accident, it can reduce the amount of money they recover in a dog bite lawsuit. Most states follow some version of comparative negligence, where the victim’s compensation is reduced by their level of fault, up to a maximum of 49 or 50 percent.

For example, a dog bites a cyclist and causes $10,000 in medical bills and lost wages. A jury finds the cyclist was 25 percent at fault for teasing the dog before the dog bite injury. The cyclist can recover $7,500 in damages after taking into account their fault.

A few states follow the much harsher contributory negligence rule. In these states, the victim can recover nothing in a dog bite claim if they have any share of fault. Maryland is one of just a few states that continues to follow a 1 percent rule of “contributory negligence” in all personal injury cases.

This means that if a dog-bite case goes to court, the owner is not liable for any damages if the jury finds the victim was even 1 percent responsible for their own injuries.

What Happens to the Dog After an Animal Attack?

Depending on your county, a dog owner may be asked to stand before a local animal control board in defense of a pet. The board may rule to have the pet euthanized. 

Get Legal Help from an Experienced Personal Injury Lawyer

The dog owner’s liability depends on state law, the dog’s behavior, and where the attack occurred. You should ask for legal advice from an experienced dog bite lawyer who can help you with your claim. Discuss your legal options after an animal attack, protect your legal rights, and find who is liable.