Can You Sue for a Dog Bite? Understanding Your Rights and the Claims Process

Dog bites can be a traumatic experience, leading to physical injuries, emotional distress, and financial burdens. According to the American Veterinary Medical Association, there are nearly 90 million dogs living in U.S. households. With such a significant canine population, dog bite incidents are unfortunately more common than many realize. About 4.5 million people are bitten by dogs each year, most of them children. If you or a loved one has been bitten by a dog, understanding your rights and the legal process is crucial. This article provides a comprehensive overview of when you can sue for a dog bite, what steps to take, and how to navigate the claims process.

Understanding Your Rights in Dog Bite Cases

In most jurisdictions, dog owners are responsible for injuries their pets cause. The basis for this responsibility varies depending on the state or local laws. Generally, there are three types of laws that impose liability on dog owners:

Dog-Bite Statutes: In states with dog-bite statutes, the dog owner is automatically liable for any injury or property damage the dog causes, even without provocation. Approximately 36 states have strict liability laws for dog bites.
“One-Bite” Rule: Some states follow the “one-bite” rule, where the owner is not held liable for the first bite the dog inflicts. However, once an animal has demonstrated vicious behavior, such as biting or otherwise displaying a “vicious propensity,” the owner can be held liable for subsequent incidents. Some states have moved away from the one-bite rule and hold owners responsible for any injury, regardless of whether the animal has previously bitten someone.
Negligence Laws: Under negligence laws, the dog owner is liable if the injury occurred because the dog owner was unreasonably careless (negligent) in controlling the dog.

It’s essential to determine which laws apply in your state, as this will significantly impact your ability to pursue a claim.

First Steps After a Dog Bite

The moments following a dog bite are critical for your health and legal case. Here’s what you need to do right away:

Seek Immediate Medical Attention: Even if the bite seems minor, it’s essential to get checked by a medical professional. Dog bites carry a high risk of infection and may result in other complications like nerve damage. Keep detailed records of your injuries and treatment, as this will be key evidence for your claim. Compensation should cover all medical costs related to the bite, including emergency care, surgery, physical therapy, and any future treatments.
Report the Incident: File a report with your local animal control agency or police department. Documenting the attack ensures an official record of what happened, which can support your case later.
Gather Evidence: Collect as much evidence as possible to support your claim. This may include photographs of the injury, witness statements, medical records, and any communication with the dog owner. Evidence plays a crucial role in proving liability and assessing damages. Take photos of your injuries, the location of the incident, and the dog if possible. If there were witnesses, collect their contact information and ask them to provide statements.

The Legal Process for Filing a Dog Bite Claim

Filing a dog bite injury claim can seem overwhelming, but understanding the process simplifies it.

Determining Liability: Dog bite laws vary by state, but generally, liability falls on the dog’s owner. In “strict liability” states, the owner is automatically responsible, even if the dog has never bitten anyone. In “negligence-based” states, you must prove the owner was negligent in controlling the dog or addressing a known risk.
Filing Your Claim: Once liability is established, your attorney files a claim with the dog owner’s homeowner’s or renter’s insurance company. Most dog bite claims are settled through insurance without court proceedings.
Negotiating a Settlement: The insurance company may offer a settlement, but it’s crucial to consult with an attorney before accepting any offer. An experienced attorney can assess the full extent of your damages and negotiate for a fair settlement.
Taking Legal Action (If Necessary): If a fair settlement cannot be reached, you may need to file a lawsuit to pursue compensation.

What Damages Can You Recover?

Dog bite victims may be eligible for various types of compensation, depending on the severity of the injury and its impact on your life. Common types of damages include:

Medical Expenses: Compensation should cover all medical costs related to the bite, including emergency care, surgery, physical therapy, and any future treatments.
Lost Wages: If you had to take time off work to recover from your injuries, you may be entitled to compensation for lost wages.
Pain and Suffering: You can claim compensation to cover the effect of your physical pain as well as the psychological impact that the dog attack has had on your life.
Property Damage: If the dog damaged your personal property, such as clothing or a cell phone, you may be able to recover the cost of repair or replacement.

The amount of compensation you could claim for a dog attack depends on several factors, including the nature and extent of your injuries, and any financial losses you experienced.

Factors That Can Affect Your Claim

Several factors can influence the outcome of your dog bite claim:

Severity of the Injuries: The more severe your injuries, the higher the potential compensation. Deep puncture wounds requiring stitches or surgery, significant tissue damage, bone fractures, or nerve injuries, scarring, disfigurement, or permanent disability can significantly increase the value of your claim.
Evidence Quality: Strong evidence, such as medical records, witness statements, and photos, can strengthen your case and increase your chances of fair compensation.
Dog’s History: If the dog has a history of biting or aggressive behavior, it can strengthen your claim by demonstrating the owner’s awareness of the dog’s dangerous propensities.
Your Actions: Your actions leading up to the bite can also impact your claim. If you provoked the dog or were trespassing on the owner’s property, it could reduce your chances of recovery.

Why Hiring a Personal Injury Attorney Can Help

While it’s possible to file a claim without a lawyer, hiring an experienced personal injury attorney greatly improves your chances of fair compensation.

Legal Expertise: Navigating dog bite laws and insurance negotiations can be complex. An attorney ensures your case is handled correctly.
Building a Strong Case: Attorneys know how to gather evidence, work with expert witnesses, and craft compelling arguments for your claim.
Maximizing Compensation: Insurers often undervalue claims, but an attorney fights to ensure you receive full compensation for your damages.

Dog Owner’s Liability and Insurance Coverage

Homeowners and renters insurance policies typically cover dog bite liability legal expenses, up to the liability limits (typically $100,000 to $300,000). If the claim exceeds the limit, the dog owner is responsible for all damages above that amount. Some companies require dog owners to sign liability waivers for dog bites, while others charge more for owners of breeds such as pit bulls and Rottweilers, and others are not offering insurance to dog owners at all. Some will cover a pet if the owner takes the dog to classes aimed at modifying its behavior or if the dog is restrained with a muzzle, chain, or cage.

Conclusion

If you’ve been bitten by a dog, understanding your rights and the claims process is essential. By taking the right steps, gathering evidence, and seeking legal assistance, you can increase your chances of recovering fair compensation for your injuries and holding the responsible party accountable. Remember, dog bite claims aren’t just about money—they’re about ensuring you have the resources to recover from your injuries and prevent future incidents.

If you or someone you know has been injured by a dog bite, contact our firm today for a free consultation. We can help you understand your rights and explore your legal options.