Who Pays for Animal Bite Injuries?

The animal owner’s insurance often covers compensation for animal bite claims

By Canaan Suitt, J.D. | Last updated on February 26, 2024 Featuring practical insights from contributing attorney Jason M. Lichtenstein

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Dog bites can result in medical expenses, time away from work, and emotional distress. Fortunately, you can pursue compensation for these losses. Because animals are considered property in the eyes of the law, owners can be held responsible for injuries their pets cause. Often, the owner’s insurance policy will cover the compensation.

To Pursue Compensation, Gather Evidence of the Dog Bite Incident

If an animal injures you or a loved one, your first priority is to make sure you’re safe and seek medical care. Even if a dog bite injury doesn’t seem serious, medical attention is often necessary to avoid bacterial infections or other complications from wounds.

After ensuring your safety and well-being, here are some practical ways to gather evidence and bolster your case:

  • Get the dog owner’s contact information;
  • Take pictures or videos of the scene to have as evidence later on; 
  • If anyone else witnessed the incident, ask for their contact information; 
  • Report the incident to your local animal control for there to be an investigation and official record of the incident;
  • Contact a personal injury lawyer to assess your case and discuss the best strategy for pursuing compensation.

Who Is Liable for Dog Bites? 

Generally, dog owners are liable when their dog bites or attacks someone. “Animals are considered property under the law, so the owner of a dog or someone who controls the dog can be held liable for that dog’s attacks,” says Jason M. Lichtenstein, a personal injury lawyer at Edgar Snyder & Associates in Pittsburgh, Pennsylvania.

Depending on state laws, dog owners may be liable in one of three ways: 

  1. One-bite rule: To be liable, the owner knew or should have known that the animal might act in a dangerous way based on the animal’s prior behavior or actions.
  2. Strict liability: The owner is liable for injuries resulting from a dog attack regardless of whether they knew their dog was dangerous.
  3. Negligence. If an owner doesn’t act with reasonable care in keeping their animal contained or on a leash, they can be liable for injuries under a theory of negligence.

Animals are considered property under the law, so the owner of a dog or someone who controls the dog can be held liable for that dog’s attacks… Dog bites are usually covered under the homeowner’s insurance policy. Dog bite law is very fact-specific and can be nebulous. Without a lawyer, you’re probably not going to be aware of dog owners’ defenses, which can wreck your case.

Jason M. Lichtenstein

Besides the owner, others may also be liable for an animal attack depending on the circumstances: 

  • Animal keepers such as kennels, vets, animal shelters, or pet sitters; 
  • Landlords who knew the animal posed a danger but allowed a renter to keep the animal on the premises. 

Learn more about legal liability under dog bite statutes.

Who Pays Damages in Dog Bite Claims?

Since dogs are considered property under the law, “dog bites are usually covered under the homeowner’s insurance policy,” says Lichtenstein. “So, if a dog bites someone, they write a letter to the homeowner. The dog owner’s insurance company gets involved and conducts an investigation to determine whether the elements of the state’s dog bite law have been fulfilled.” If

If the owner does not have insurance coverage, you can still pursue a personal injury case against them. As with other personal injury claims, compensation in animal bite cases can include: 

  • Medical bills;
  • Lost wages from missed work;
  • Lost future earnings due to disabilities or disfigurement;
  • Non-economic damages such as pain and suffering and emotional trauma resulting from the incident.

If you’re a dog bite victim and are thinking about suing, you want to ensure you act within your state’s statute of limitations, which says how long you have to take legal action after an incident.

Find an Experienced Dog Bite Attorney

Though dog bite claims are often compensated by the owner’s insurance, things don’t always go smoothly. A dog owner may not cooperate with filing a claim, or you may run into issues with the insurance provider. In other cases, you may have to pursue compensation from the owner without insurance.

In any event, it’s best to consult with an attorney to ensure your legal rights are being protected and you get the compensation you’re entitled to. “It’s imperative for someone injured by an aggressive dog to consult with an attorney for legal advice,” says Lichtenstein. “Dog bite law is very fact-specific and can be nebulous. Without a lawyer, you’re probably not going to be aware of dog owners’ defenses, which can wreck your case.”

The good thing is that most personal injury attorneys and law firms offer free consultations and will work on a contingency fee, meaning you don’t pay upfront legal fees. Visit the Super Lawyers directory to find an experienced animal bite lawyer in your area. For more information on this area of law, see our overview of animal bite law.

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