Dog Bite Liability: Who is Responsible for Your Injuries?

Each year, millions of people in the United States sustain dog bite injuries, with a significant portion requiring medical attention. According to the American Veterinary Medical Association (AVMA), over 4.5 million people are bitten by dogs annually in the U.S. These incidents can lead to substantial medical expenses, lost income, and emotional distress. Navigating the legal complexities of dog bite liability is crucial for victims seeking compensation for their injuries. But who exactly is responsible when a dog bites?

Understanding Dog Bite Laws

Dog bite laws vary significantly from state to state, with different approaches to determining liability. Generally, these laws fall into two main categories: strict liability and the “one-bite rule.” Understanding which rule applies in your jurisdiction is the first step in determining who is responsible for your injuries.

Strict Liability

In states with strict liability laws, dog owners are held automatically responsible for any injuries their dogs cause, regardless of whether the dog has shown signs of aggression in the past. This means that if a dog bites someone, the owner is liable for damages, even if they had no reason to believe their dog was dangerous. Strict liability laws aim to protect victims and encourage responsible pet ownership. However, even in strict liability states, there can be exceptions depending on how the laws are structured. For example, liability may be reduced or eliminated if the victim was trespassing or provoking the dog.

The “One-Bite” Rule

The “one-bite rule” protects owners of dogs with no previous history of biting or aggressive behavior. Under this rule, a dog owner is not held liable for the first bite unless they had reason to know their dog was dangerous. This knowledge is often referred to as “scienter.” Once a dog has demonstrated vicious behavior, the owner can be held liable for subsequent bites. 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.

Who Can Be Held Responsible?

While the dog owner is typically the first party considered responsible in a dog bite case, other parties may also be liable depending on the circumstances.

Dog Owners

Pet owners are generally accountable for their animals’ actions, including cases where a dog injures a person. As mentioned earlier, some states impose strict liability on dog owners, making them fully responsible regardless of the events surrounding the attack. Even in states without strict liability, owners can be held liable if they were negligent in controlling their dog or if they knew of the dog’s aggressive tendencies.

Dog Keepers and Harborers

Those who keep or harbor dogs may also be responsible after a dog bite. This can include shelters, boarding facilities, or even individuals who are temporarily caring for the dog. For example, if a dog bites someone while staying at a shelter, the shelter may be held responsible if they were aware of the dog’s dangerous tendencies. Similarly, if a neighbor is watching a dog for a friend and the dog bites someone, the neighbor may share responsibility with the dog’s owner.

Temporary Caretakers

Temporary caretakers, such as dog walkers, groomers, and veterinary clinics, can also be held liable for dog bites if they were negligent in controlling the animal. For example, if a professional dog walker fails to pay attention while walking a dog and the dog bites a child, the walker may be considered negligent and therefore responsible.

Landlords and Property Owners

In some cases, landlords or property owners can be held responsible for dog bites that occur on their property. This is especially true if the landlord was aware of a dangerous dog living on the premises but failed to take action to protect tenants or visitors. Landlords may also be liable if they violate local ordinances related to dog ownership, such as breed restrictions or leash laws.

Factors That Determine Liability

Several factors can influence who is held liable in a dog bite case. These include:

State and Local Laws: As mentioned earlier, state and local laws play a significant role in determining liability. Some states have strict liability laws, while others follow the one-bite rule. Local ordinances may also impose additional requirements on dog owners, such as leash laws or breed-specific restrictions.
The Dog’s History: A dog’s past behavior is a crucial factor in determining liability. If a dog has a history of aggression or has bitten someone before, the owner is more likely to be held responsible for a subsequent bite.
Negligence: Negligence occurs when a dog owner fails to take reasonable steps to prevent their pet from causing harm. Examples of negligence include failing to secure the dog, violating leash laws, or failing to warn others about the dog’s aggressive tendencies.
Provocation: If the victim provoked the dog, this may reduce or eliminate the owner’s liability. However, provocation typically requires more than just normal interaction with the dog. It usually involves actions that would reasonably cause a dog to become aggressive, such as teasing, hitting, or kicking the animal.
Trespassing: In most states, dog owners are not liable to trespassers who are injured by a dog. However, there may be exceptions if the owner knew that trespassers were likely to be on the property or if the dog was intentionally used to harm trespassers.

Insurance Coverage for Dog Bites

Dog bite claims are often handled through homeowners or renters insurance. Most policies provide liability coverage for dog bites, which can help cover medical expenses, legal fees, and other damages. However, many policies exclude certain dog breeds, such as Pit Bulls, Rottweilers, and Dobermans, from their standard protections. It’s essential to check your policy to see if your dog’s breed is covered.

The average cost per dog bite claim was $58,545 in 2023. Homeowners policies typically offer $100,000 to $300,000 in liability coverage. If a claim exceeds the policy limit, the dog owner is personally responsible for all damages above that amount, including legal expenses.

Steps to Take After a Dog Bite

If you’ve been bitten by a dog, taking the following steps can help protect your health and legal rights:

Seek Medical Attention: Get medical treatment immediately, especially for puncture wounds or severe injuries. Some dogs are not vaccinated against rabies, and puncture wounds are prone to infection.
Report the Incident: Contact local animal control or law enforcement to report the bite. This creates an official record of the incident and helps protect the public.
Identify the Dog and Owner: Get the owner’s contact information and ask for the dog’s vaccination history. If the owner is not present, try to gather as much information as possible about the dog and its owner.
Gather Evidence: Take photos of your injuries, the dog, the scene, and any torn clothing. Obtain contact details and statements from any witnesses to the incident.
Contact an Attorney: A dog bite attorney can help you understand your legal rights and options. They can investigate the incident, gather evidence, and negotiate with the insurance company on your behalf.

Conclusion

Determining liability in a dog bite case can be complex, as it depends on various factors, including state and local laws, the dog’s history, and the circumstances surrounding the incident. While the dog owner is typically the first party considered responsible, other parties, such as dog keepers, temporary caretakers, and landlords, may also be liable. If you or a loved one has been injured by a dog, it’s essential to seek legal advice from an experienced attorney who can help you navigate the legal process and pursue the compensation you deserve.