Who Is Liable for a Dog Bite?

Treatment for dog bite injuries can result in significant medical bills and time away from work. If you’ve suffered injuries from a dog bite or other animal attack, you may be wondering if you can get compensation.

Liability for dog bite injuries, and your ability to recover compensation, depends on several factors. Some states have strict liability laws for dog bite injuries, while others have a one-bite rule.

This article will give an overview of who is liable for animal attacks and what victims must prove in dog bite cases. For legal advice, talk to a local dog bite lawyer.

Common Types of Dog Bite Injuries

Dog bites are the most common type of animal attack in the United States. While many dog bites result in relatively minor injuries, some are serious and require immediate medical attention.

Common injuries for victims of dog bites include:

• Cuts and lacerations
• Punctured skin
• Crushed bones
• Lost fingers or limbs
• Bacterial infections

Animal Owner Liability for Bites

“Dog bite liability is very specific to states,” says Jason M. Lichtenstein, a personal injury lawyer at Edgar Snyder & Associates in Pittsburgh. “In Pennsylvania, for example, dog attacks include bites as well as when a dog charges and causes you to flee or fall and injure yourself. Dog bite liability arises if the dog is the proximate cause of the injury.”

In general, there are three ways an animal owner is liable for injuries caused by their animal:

1. Strict liability
2. The “one-bite rule”
3. Negligence

Let’s look at each of these types of liability in more depth.

Strict Liability for Animal Bites

Some states, such as California, impose strict liability on owners for injuries caused by their dog. “If there is a bite, the owners are liable. There are some exceptions to the rule, but, for the most part, it’s the owner’s fault for it simply having happened,” says John Montevideo, an animal law attorney in Irvine, California.

“Because the law attaches strict liability to these claims, it is often a cleaner area of the law,” Montevideo continues. “The facts of most dog-bite cases are fairly straightforward, and in that sense, we get to focus on the damages piece. Some areas of the law get tied up in legalese and jargon — fights over minutiae that don’t actually help anyone solve an issue.”

The One-Bite Rule

Other states impose liability on dog owners through “one bite rules.” According to these laws, an owner should have known their dog was dangerous if it bit or attacked someone on a previous occasion.

Some states, including Pennsylvania, used to have the one-bite rule but moved away from it. “It used to be that a dog had to have bitten someone to be considered dangerous,” says Lichtenstein. “But the law has changed so that a victim can establish that the dog is dangerous from their specific bite or attack rather than an earlier incident. The new standard is about the owner’s knowledge — they knew or should have known that the dog exhibited dangerous propensities.”

Signs That a Dog Poses a Risk to Others

There are several warning signs that could tip off an owner that their dog poses a danger:

• Vet records showing the dog has a history of aggression
• If the dog tends to growl, jump, or lunge at humans or animals
• If the owner had a “beware of dog” sign
• If witnesses (such as mail deliverers) testify to having seen the dog be aggressive

What Happens if a Dog Is Deemed Dangerous?

“If a dog is deemed dangerous by a local judicial magistrate, there are several provisions required of the owner,” says Lichtenstein:

• The dog has to wear a muzzle in public
• The dog has to be restrained
• There has to be a sign stating the dog is dangerous
• The owner must purchase a significant liability bond

It’s worth noting that some states regard entire dog breeds as dangerous. Courts may conclude that the owner should have known their dog was dangerous because of their breed (commonly pit bulls or Dobermans).

Negligence for Animal Bites

A dog or other animal owner could also be liable through negligence. Essentially, negligence means acting recklessly or without appropriate care.

In Georgia, for example, animal injury liability is generally based on the negligence standard. A person who owns or keeps a dangerous animal is liable if that animal causes injury to another person because of their own careless management.

“This means we have to show that the dog owner — or whatever negligent actor there may be — breached their duty of care, and that their breach caused injuries to the victim,” explains Thomas J. Ashenden, a personal injury attorney in Atlanta, Georgia.

There are four elements to prove in a negligence claim:

• Duty. The animal owner was responsible for ensuring the animal was safe or safely contained.
• Breach. The owner failed in that duty. For example, they failed to warn others about the animal or didn’t keep it leashed.
• Cause. The owner’s failure to keep the animal contained is what caused harm to someone.
• Damages. Someone was actually harmed by the owner’s failure to keep the animal secure. Harms include injuries, medical expenses, emotional distress, and lost wages.

The location of the attack is also a factor. “If it occurred on the owner’s property, then you need to look at the history of the dog,” Ashenden says. “If the attack occurs away from a person’s house, you’re looking at not only the history of the dog but also whether there’s a leash law violation.”

Because state laws governing dog bites can vary widely, it’s essential to get legal representation to know the exact law in your area. A dog bite attorney is a personal injury lawyer with experience in dog bite cases.

Besides Owners, Who Else Can Be Liable for Animal Bites?

People other than the owner of the dog or animal are liable for animal attacks. People who keep or control an animal can also be liable for attacks, including animal keepers and landlords.

For example, under Pennsylvania law, “if an out-of-possession landlord rents to a tenant and the tenant has a dog that attacks and injures somebody, the landlord cannot be held liable unless the landlord had actual knowledge that the dog had vicious propensities,” says Lichtenstein.

Common Defenses to Dog Bite Claims

Dog owners and caretakers have a few potential defenses against dog bite claims, including:

• Trespassing. If the dog bite victim was trespassing on private property when the attack happened, the dog owner might not be liable for the attack. This will depend on state law.
• Assumption of the risk. If the dog bite victim voluntarily risked getting bitten by the dog, the dog owner may not be liable.
• Provoking the dog. If the dog bite victim’s actions provoked the dog first, the dog owner might not be liable for injuries from a dog attack. The victim’s comparative negligence could reduce the dog owner’s liability.

Insurance Coverage and Costs Following a Bite Incident

“More than 90 percent of the time, people won’t give the information for their insurer,” says Montevideo. “People see their animals as their kids or family members, so their initial reaction is protection and defense.”

Many people worry about their homeowner’s insurance costs. “That’s why you have insurance — to protect you in these instances. All associated costs and any lawyer fees will be covered.”

Preserve Evidence of the Incident

No matter which side of a dog bite you’re on, collect information about the animal and its owner. If the incident occurred in the neighborhood where the animal resides, ask neighbors about the animal’s history.

Witness statements may be able to tell you the name of the animal’s veterinarian, which is valuable information. “A lot of times, the veterinarian has experienced the vicious propensities while trying to examine and treat the dog,” Ashenden says.

“If there are any witnesses, the victims should make note of their contact information,” he adds. It’s also important that you share your insurance company information with the other party.

Get a Personal Injury Attorney Involved

“It’s imperative for someone injured by an aggressive dog to consult with a lawyer,” says Lichtenstein. An attorney with experience in animal attack cases understands your state’s specific laws and can explain your legal options.

It’s best to speak with a lawyer sooner rather than later. Many personal injury attorneys give free consultations and work on a contingency fee, meaning they don’t get paid unless they win a verdict or settlement.

“Our job as the attorney for that new client is to do all of that informal discovery or investigating,” Ashenden says. “And then if it looks like there’s a viable dog bite claim, we file suit and, through discovery, learn much more than we probably would just by doing the history on the owner of the dog. We can go a lot deeper, of course, with the courts.”

Finding the Right Attorney for Your Needs

It is essential to approach the right type of attorney — someone who can give you legal help through your entire personal injury case. For legal advice in an animal bite case, look for a lawyer practicing animal bite law.