Dog bite: what to do and who's liable?
Dog bite: what to do right away
- Wash the wound immediately with soap and water, which the CDC recommends after any animal bite.
- See a healthcare provider promptly. Bites can become infected, and your provider will decide whether you need rabies treatment. The CDC calls rabies exposure a medical urgency, not an emergency, but care should not be put off.
- Get the owner's name, address, phone number and the dog's vaccination record, plus the owner's homeowners or renters insurance if possible.
- Report the bite to local animal control or the health department. Many places require it, and it creates an official record.
- Photograph your injuries on the day of the bite and as they heal, plus torn clothing and the location.
- Get witness names and keep all medical bills.
Who's liable for a dog bite: the three main state rules
Who's liable for a dog bite is usually the dog's owner, sometimes a keeper or caretaker, and in some cases a landlord who knew about a dangerous dog. States use different rules:
- Strict liability. Many states have dog-bite statutes making the owner liable for bite injuries even if the dog never bit before and the owner was careful. California, for example, makes owners liable when the victim is bitten in a public place or lawfully on private property.
- One-bite rule. In other states, the owner is liable only if they knew, or should have known, the dog was dangerous, such as from prior bites or aggressive behavior.
- Negligence. In almost every state you can also claim the owner was careless, such as by breaking a leash law or letting the dog roam.
Some state statutes cover only bites, not knock-downs; those injuries may fall under negligence rules.
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See injury lawyers near youDefenses dog owners raise
- Provocation: you hit, teased or stepped on the dog.
- Trespassing: many strict-liability statutes protect only people lawfully on the property.
- Your own fault: your compensation may be reduced under your state's comparative fault rules.
- Working dogs: some states limit claims involving police or military dogs on duty.
Who pays for dog bite injuries
Most dog bite claims are paid by the owner's homeowners or renters insurance, which usually includes personal liability coverage. If the claim is more than the policy limit, the owner is personally responsible for the rest. Some policies exclude certain breeds or dogs with a bite history, and some owners have no insurance at all.
Damages can include medical bills, future treatment such as scar revision, lost wages, and pain and suffering, including emotional trauma, which is common after bites to children.
The owner's insurance company, not the owner personally, usually handles the claim, assigns an adjuster and pays any settlement.
Dog bites involving children and landlords
Children are especially vulnerable to dog bites, often to the face, and may need follow-up care for scarring and emotional effects. A parent or guardian usually brings the claim for a child, and some states require a court to approve a child's settlement.
Landlords are generally not liable for a tenant's dog, but in some states a landlord who knew the dog was dangerous and could have required its removal may share responsibility. Business owners, dog walkers and kennels who were caring for the dog may also be responsible in some situations.
Deadlines and getting help
The deadline to sue is generally your state's personal injury statute of limitations, commonly 2 or 3 years. A few states have specific rules for dog bite claims. Children's claims may get extra time in some states, but don't rely on it.
Many dog bite cases involve a neighbor, friend or relative. A claim is usually against their insurance, not their savings. If the injury is serious, an injury lawyer can explain your state's rule. injurylawyers.si can show injury law firms near your ZIP code. This page is general information, not medical or legal advice.
Common questions
Is a dog owner always liable for a bite?
Not always. In strict-liability states the owner is usually liable unless the victim provoked the dog or was trespassing. In one-bite states you generally must show the owner knew or should have known the dog was dangerous.
Does homeowners insurance cover dog bites?
Most homeowners and renters policies include personal liability coverage that pays dog bite claims up to the policy limit. Some policies exclude certain breeds or dogs with a history of biting.
Do I need a rabies shot after a dog bite?
Your healthcare provider decides based on the animal, whether it can be observed or tested, and local rabies risk. Wash the wound right away and see a provider promptly.
Should I report a dog bite from a friend's dog?
Many local laws require bite reports, and a report helps confirm the dog's vaccination status. The claim itself is usually paid by your friend's insurance.