Dog Bite Claim: Who Pays, and Why the State You Are In Decides

Dog owners rarely pay bite claims out of their own pockets. The liability section of a standard homeowners or renters policy covers injuries the policyholder is legally responsible for causing to others, and a bite by the policyholder's dog is the most common claim of that kind. Policy limits are often $100,000 to $300,000, and many policies also include a small medical payments benefit that pays a victim's early bills without any finding of fault.

There are gaps. Some insurers exclude certain breeds or exclude dogs with a bite history, and some owners have no homeowners or renters coverage at all. A claim against an uninsured owner personally is possible but is collectible only to the extent of the owner's assets. Where the owner is a tenant, the landlord's policy may respond in some circumstances, and where the dog was in the care of a sitter, walker or kennel, their coverage may apply.

Finding the coverage is the first practical step. The owner may not volunteer it. Ask for their homeowners or renters insurer, and if they refuse, the animal control report and, if necessary, a lawsuit will produce it.

In strict liability states, which are the majority, the owner is responsible for injuries the dog causes by biting, without any need to show the owner was careless or knew the dog was aggressive. The victim proves the bite, the ownership, and the injury. California, Florida, Illinois, Michigan, New Jersey, Ohio, Pennsylvania and many others follow some version of this rule, though the details differ: some statutes cover only bites, others cover any injury the dog causes, and some apply only to people lawfully on the property.

In one-bite states, the owner is liable only if they knew or had reason to know the dog was dangerous. The name is misleading, since a prior bite is not required; prior growling, lunging, or a breed or training history can establish knowledge. Texas, Virginia and several other states follow this rule, and in those states the evidence of what the owner knew before the bite is the whole case.

Even in one-bite states, an owner who was negligent, for example by letting a dog run loose in violation of a leash law, can be liable on ordinary negligence principles without proof of prior viciousness. Many cases are pleaded both ways.

Provocation is the most common defense. If the victim hit, teased, cornered or hurt the dog, most statutes reduce or eliminate the owner's liability. What counts as provocation is argued constantly. Petting a dog that then bites is generally not provocation; stepping on a dog's tail accidentally has been treated both ways; reaching into a dog's food bowl usually is. Young children are often held to a different standard, because a toddler cannot be expected to understand that hugging a dog may provoke it.

Trespass is the other. Many strict liability statutes protect only people who were lawfully on the property, which includes invited guests, delivery workers and people on public sidewalks, and excludes burglars and people who ignored a fence or sign. A child who wandered into a yard is the hard case and is handled differently by different states.

Comparative negligence applies in most states to reduce the claim by the victim's share of fault where the facts support it. The usual pattern is an owner's insurer asserting that the victim approached the dog unsafely, which is answered by the circumstances of the bite and any witness.

Suppose your seven-year-old was bitten on the cheek by a neighbor's dog while playing in the neighbor's yard at the neighbor's invitation. The bite required emergency treatment, 22 stitches, and a follow-up with a plastic surgeon, who noted a permanent scar and recommended a revision procedure when the child is older. Medical bills were $14,000 and the estimated future revision is $9,000. The neighbor's homeowners policy has a $300,000 liability limit, and the state is a strict liability state.

You report the bite to animal control, which finds no prior incidents. The neighbor's insurer accepts the claim, since strict liability applies and the child was an invited guest. The insurer's first offer covers the bills to date and a modest amount for the scar. A demand responds with the plastic surgeon's report, photographs of the scar at intervals, the future revision estimate, and a description of the child's distress and changed behavior around dogs.

Because the injury is a permanent facial scar on a child, the claim's value is driven by the scar, not the bills. Settlements for a minor usually require court approval and the funds are typically held until the child is an adult. All figures are hypothetical; a scar on a child's face is among the most seriously valued dog bite injuries, and an attorney would value it against local outcomes.

Dog bite claims are built in the first days, when the dog, the owner and the evidence are all still available.

• Get medical care immediately; bites carry infection risk and the medical record is the foundation of the claim.
• Identify the dog and the owner, and get the owner's name, address and homeowners or renters insurer.
• Photograph the injuries the same day and at intervals as they heal, and photograph the dog and the location.
• Report the bite to animal control or the local health department, which creates a record and may reveal prior complaints.
• Get the names and contact details of witnesses, including anyone who saw the dog's behavior before the bite.
• Ask the owner for the dog's vaccination records, which affect your medical treatment.
• Keep a record of all treatment, including wound care supplies, and of time missed from work or school.
• Do not sign anything from the owner's insurer before the full extent of scarring is known, which can take months.

The liability rule is the biggest variable. Strict liability states such as California, Florida, Illinois, Michigan, New Jersey, Ohio and Pennsylvania make the owner responsible for bites without proof of prior viciousness, though the statutes differ on whether they cover injuries other than bites and whether they protect trespassers. One-bite states such as Texas and Virginia require evidence that the owner knew the dog was dangerous, and ordinary negligence claims are available as an alternative.

Some states also have specific rules for dangerous dog designations, leash law violations, and the liability of landlords who knew a tenant's dog was dangerous. A few impose criminal penalties on owners of dogs that cause serious injury, and a criminal case can produce evidence useful in the civil claim.

Deadlines for dog bite claims follow the state's personal injury statute of limitations, one year in Tennessee and Kentucky, two in Texas, California, Florida and Georgia, three in New York and North Carolina. Claims by minors are often extended until the child reaches adulthood, but the evidence does not wait, and parents should pursue the claim promptly. Contributory negligence in Alabama, Maryland, North Carolina and Virginia can bar a claim where the victim is found at fault, which makes provocation evidence decisive in those states.

A minor bite that healed without scarring, against an owner with insurance who admits the dog bit you, is a claim many people resolve with the insurer directly. The claims that need an attorney involve scarring, children, a one-bite state where the owner's knowledge must be proven, an owner without insurance, a provocation or trespass defense, or an insurer that is disputing the extent of the injury. Most personal injury attorneys work on contingency.

Ask Legal Matters is a free claim-review request service, not a law firm. Requests may be shared with independent attorneys and legal services partners who handle inquiries in your state, and an attorney must evaluate the facts before anyone can say whether a claim exists or what it is worth. If you or your child were bitten by someone else's dog, you can request a free claim review.

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Need local rules? Choose your state from the injury law guides hub or read the statute of limitations by state.