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 depend on several factors. Some states have strict liability laws for dog bite injuries, while others follow a common-law rule that can impose liability when an owner knew or should have known of the dog’s dangerous propensity, and negligence may provide a separate basis for liability.

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 dangerous 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
• Scarring and disfigurement

Animal Owner Liability for Bites

“Dog bite liability is very specific to state law,” 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 type of liability in more depth.

Strict Liability for Animal Bites

Some states impose strict liability for dog bites, and California makes a dog owner liable for damages when their dog bites a person in a public place or lawfully in a private place. “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.” Under the common-law rule often called the one-bite rule, an owner can be liable when the owner knew or had reason to know the dog had dangerous propensities, which may be shown without a prior bite or attack.

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

Several warning signs 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

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 injures another person because of the owner’s 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 harmed because the owner failed to keep the animal secure. Economic and non-economic damages include injuries, medical expenses, emotional distress, property damage, pain and suffering, and lost wages.

The location of the attack is also a factor for premises liability claims. “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, get legal advice about the law in your area. A dog bite attorney is a personal injury lawyer experienced in dog bite cases.

Dog Bite Laws by State

The following table provides a summary of dog bite laws by state, including one-bite, negligence, and strict liability statutes, and the statute of limitations for filing a claim against the owner of a dog.

State	Dog Bite Liability Rule	Statute of Limitations	State Statute
Alabama	Hybrid (one-bite / strict liability on owner’s property)	2 years	Ala. Code § 3-6-1
Alaska	One-bite rule	2 years	Common law
Arizona	Strict liability	2 years	A.R.S. § 11-1020
Arkansas	One-bite rule	3 years	Common law
California	Strict liability	2 years	Cal. Civ. Code § 3342
Colorado	Hybrid (on-bite / strict liability for serious injury)	2 years	C.R.S. § 13-21-124
Connecticut	Strict liability	2 years	Conn. Gen. Stat. § 22-357
Delaware	Strict liability	2 years	16 Del. C. § 3074
Florida	Strict liability	2 years	Fla. Stat. § 767.04
Georgia	Hybrid (strict liability / required registration for dangerous dogs)	2 years	O.C.G.A. § 51-2-7
Hawaii	Strict liability	2 years	Haw. Rev. Stat. § 663-9
Idaho	One-bite rule / negligence	2 years	Common law
Illinois	Strict liability	2 years	510 ILCS 5/16
Indiana	Strict liability	2 years	Ind. Code § 15-20-1-3
Iowa	Strict liability	2 years	Iowa Code § 351.28
Kansas	One-bite rule / negligence	2 years	Common law
Kentucky	Strict liability	1 year	KRS § 258.235
Louisiana	Strict liability	1 year	La. Civ. Code Art. 2321
Maine	Strict liability	6 years	7 M.R.S. § 3961
Maryland	Hybrid (strict liability at large / negligence on owner’s property)	3 years	Md. Code, Cts. & Jud. Proc. § 3-1901
Massachusetts	Strict liability	3 years	Mass. Gen. Laws Ch. 140, § 155
Michigan	Strict liability	3 years	Mich. Comp. Laws Ann. § 287.351
Minnesota	Strict liability	2 years	Minn. Stat. § 347.22
Mississippi	One-bite rule / negligence	3 years	Common law
Missouri	Strict liability	5 years	Mo. Rev. Stat. § 273.036
Montana	Strict liability	3 years	Mont. Code Ann. § 27-1-715
Nebraska	Strict liability	4 years	Neb. Rev. Stat. § 54-601
Nevada	Negligence / one-bite rule	2 years	Common law
New Hampshire	Strict liability	3 years	N.H. Rev. Stat. § 466:19
New Jersey	Strict liability	2 years	N.J.S.A. 4:19-16
New Mexico	One-bite rule / negligence	3 years	Common law
New York	Hybrid (strict liability for medical expenses / one-bite other damages)	3 years	N.Y. Agric. & Mkts. Law § 123
North Carolina	Hybrid (strict liability at large / negligence)	3 years	N.C. Gen. Stat. § 67-4.4
North Dakota	One-bite rule / negligence	6 years	Common law
Ohio	Strict liability	2 years	Ohio Rev. Code § 955.28
Oklahoma	Strict liability	2 years	Okla. Stat. Ann. § 4-42.1
Oregon	Hybrid (strict liability for economic damages / one-bite non-economic)	2 years	Ore. Rev. Stat. § 31-360
Pennsylvania	Hybrid (strict liability for severe injury / one-bite non-severe)	2 years	3. P.S. § 459-502
Rhode Island	Hybrid (strict liability on owner’s property) / one-bite other areas)	3 years	R.I. Gen. Laws § 4-13-16
South Carolina	Strict liability	3 years	S.C. Code Ann. § 47-3-110
South Dakota	One-bite rule	3 years	S.D. Codified Laws § 40-34-2
Tennessee	One-bite rule / negligence	1 year	Tenn. Code Ann. § 44-17-403
Texas	One-bite rule / negligence	2 years	Tex. Health & Safety Code § 822.005
Utah	Strict liability	4 years	Utah Code § 18-1-1
Vermont	One-bite rule	3 years	Common law
Virginia	One-bite rule	2 years	Common law
Washington	Strict liability	3 years	Wash. Rev. Code § 16.08.040
Washington, D.C.	Hybrid (strict liability / one-bite)	3 years	D.C. Code § 8-1808
West Virginia	Hybrid (strict liability at large / one-bite)	2 years	W. Va. Code § 19-20-13
Wisconsin	Strict liability	3 years	Wis. Stat. § 174.02
Wyoming	One-bite rule / negligence	4 years	Common law

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

People other than the dog’s owner can be 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 may not be liable. 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 liability 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 can 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. You should also share your insurance information with the other party.

Don’t try to take control of a dangerous animal by yourself. Contact animal control when you see an out-of-control dog in a public place.

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.

“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.”

It’s best to speak with a dog bite lawyer sooner rather than later. The statute of limitations puts a time limit on dog bite injury claims. 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.