Dog Bite Lawsuit: Understanding Strict Liability in Dog Bite Cases

Each year, millions of people in the United States are bitten by dogs, with a significant portion of these bites resulting in injuries that require medical attention. According to the Insurance Information Institute, U.S. insurers paid over $1 billion in 2022 for dog-related injury claims. Navigating the legal landscape after a dog bite can be complex, especially when determining who is responsible for the resulting damages. One key concept in dog bite law is “strict liability,” which can significantly impact the outcome of a dog bite lawsuit.

What is Strict Liability in Dog Bite Cases?

Strict liability is a legal principle that holds a dog owner responsible for injuries caused by their dog, regardless of whether the owner was negligent or had any prior knowledge of the dog’s dangerous tendencies. In other words, the victim doesn’t have to prove that the owner did anything wrong to cause the bite. If the dog caused the injury, the owner is liable. This differs significantly from the “one-bite rule” in some states, where an owner is only liable if they knew or should have known their dog was dangerous (i.e., the dog had a history of biting or aggression).

In states with strict liability laws, the focus shifts from the owner’s conduct to the simple fact that the dog caused harm. This makes it easier for victims to recover compensation for their injuries, as they don’t have to prove negligence or prior knowledge of viciousness. As a general rule, a dog does not get “one free bite” in a statutory strict liability state, the prior behavior of the dog is not an issue, and it is unnecessary to prove that the owner or handler was negligent.

States with Strict Liability Dog Bite Laws

Approximately 36 states have strict liability laws for dog bites. Some of these states include:

California
Florida
Illinois
Michigan
New Jersey

It’s important to note that even within strict liability states, the specific laws can vary. For example, some states may only apply strict liability to dog bites, while others extend it to other injuries caused by dogs, such as a dog knocking someone over. Some strict liability statutes have limits. For example, the Pennsylvania statute imposes strict liability only for medical costs. The Alabama statute covers only incidents that involve the owner’s property, while the Maine statute covers all incidents except those on the owner’s property. Therefore, it’s crucial to consult with an attorney to understand the specific laws in your jurisdiction.

Elements of a Strict Liability Dog Bite Claim

To win a strict liability dog bite case, an injured party generally has to prove the following:

Ownership: The dog belonged to or was under the control of the defendant.
Location: The attack happened in a place open to the public or where the victim was legally allowed to be on private property.
Injury: The bite caused an injury.

In California, a dog bite attack victim must be able to show the following to win a personal injury claim:

The dog was owned by the defendant.
The bite took place when the victim was not engaged in inappropriate conduct when the bite occurred.
The victim was bitten and suffered damaged by the dog.

Exceptions to Strict Liability

Even in strict liability states, there are exceptions where the owner may not be held liable. Common exceptions include:

Trespassing: If the victim was unlawfully on the owner’s property (e.g., trespassing), strict liability may not apply.
Provocation: If the victim provoked the dog, the owner may not be liable. Provocation typically involves actions that would incite a dog to bite, such as teasing, hitting, or otherwise tormenting the animal.
Veterinarian’s Rule: In some states like California, people who work with dogs professionally (veterinarians, groomers, etc.) are considered to have assumed the risk of being bitten.
Law Enforcement/Military Dogs: If a dog is assisting law enforcement or military personnel in their official duties, the agency is often immune from strict liability.
Contributory Negligence: Some states follow the doctrine of contributory negligence, which can bar recovery if the victim is found to be even partially at fault for the incident. However, there is an exception for children under a certain age, who are presumed incapable of contributory negligence.

Common Injuries from Dog Bites

Dog bites can cause a range of injuries, from minor puncture wounds to severe trauma. Some of the most common injuries include:

Puncture Wounds: These occur when a dog’s teeth break through the skin, creating a small but deep wound that can easily become infected.
Lacerations: These are deep cuts or tears in the skin that can damage muscles, nerves, and blood vessels.
Abrasions: Superficial injuries such as grazes and scrapes.
Avulsions: These occur when a dog’s teeth tear the skin from its underlying tissue or structure, often resulting in significant blood loss.
Fractures: Large dogs can exert tremendous force with their jaws, causing broken bones, especially in children.
Crushing Injuries: Large dogs can exert a tremendous amount of force with their jaws that can crush, break, or fracture your bones, while also injuring your muscles and soft tissues.
Nerve Damage: Dog bites can cause nerve damage, leading to pain, numbness, tingling, or loss of function.
Scarring: Dog bites can result in permanent scarring, which can be both physically and emotionally distressing.
Infections: Dog bites can introduce bacteria into the wound, leading to infections like cellulitis, tetanus, or rabies (though rabies is rare in vaccinated dogs).
Emotional Trauma: Dog bites can cause significant emotional trauma, leading to anxiety, fear of dogs, post-traumatic stress disorder (PTSD), and other psychological issues.

Damages Recoverable in a Dog Bite Lawsuit

If you’ve been injured by a dog bite, you may be entitled to compensation for a variety of damages, including:

Medical Expenses: This includes past and future medical bills, such as emergency room visits, surgery, physical therapy, and medication.
Lost Wages: You can recover lost income if you were unable to work due to your injuries.
Pain and Suffering: This compensates you for the physical pain and emotional distress caused by the dog bite.
Emotional Distress: Compensation for emotional trauma, anxiety, and PTSD resulting from the attack.
Permanent Scarring and Disfigurement: If the dog bite resulted in permanent scars or disfigurement, you may be entitled to compensation for the impact on your appearance and self-esteem.
Property Damage: If the dog damaged your personal property (e.g., clothing, bicycle), you can recover the cost of repair or replacement.
Punitive Damages: In some cases, if the owner’s conduct was particularly egregious (e.g., they intentionally trained the dog to attack), you may be able to recover punitive damages, which are intended to punish the owner and deter similar conduct in the future.

The average dog bite settlement amount is $97,517.86. Dog bite cases often settle between $10,000 and $100,000 but can be higher or lower depending on case factors.

What to Do After a Dog Bite

If you’ve been bitten by a dog, it’s important to take the following steps:

Seek Medical Attention: Even if the bite seems minor, it’s crucial to seek medical attention to prevent infection and ensure proper wound care.
Report the Bite: Report the bite to local animal control or law enforcement. This creates an official record of the incident and helps ensure the dog is properly vaccinated and doesn’t pose a threat to others.
Identify the Dog and Owner: If possible, identify the dog and its owner. Obtain the owner’s contact information and insurance details.
Gather Evidence: Take photos of your injuries, the scene of the attack, and any damage to your property. Collect contact information from any witnesses.
Contact an Attorney: Consult with a dog bite attorney to discuss your legal options and protect your rights.

The Importance of Legal Representation

Dog bite cases can be complex, especially when dealing with insurance companies. An experienced dog bite attorney can help you:

Understand your rights and options under the law.
Investigate the incident and gather evidence to support your claim.
Negotiate with the insurance company to reach a fair settlement.
File a lawsuit if necessary and represent you in court.

Conclusion

Understanding strict liability in dog bite cases is crucial for both dog owners and victims. If you’ve been bitten by a dog, knowing your rights and seeking legal representation can help you recover the compensation you deserve. Similarly, dog owners should be aware of their responsibilities under strict liability laws and take steps to prevent dog bites from occurring. Contact a dog bite lawyer for a free consultation.