Dog Bites: What Are Your Legal Rights?

State laws vary on whether a dog owner should be liable for injuries caused by a dog bite. In some states, the dog owner is responsible for any injury suffered as a result of a dog bite, whether the owner did anything wrong or not. These laws are called “strict liability” laws, and the dog owner is responsible even if the dog owner attempted to protect the person from being bit. 

Other states impose a “one bite rule.” Under that rule, if the dog has never bitten anyone before, the owner didn’t do anything to cause the attack, and had no reason to know that the dog might be dangerous, the owner will not be held responsible. But if the dog has already bitten someone or is known to be vicious, the owner will be held strictly liable.

Still, other states require dog owners to compensate victims of dog bites if the owner was negligent or has violated a law, such as a “leash law.” Often, if the dog owner knows or should know that the animal might be dangerous or has a tendency to bite, the owner may be considered negligent and held liable. Proving that the owner knew or should know that the dog might be dangerous can be a tricky issue; there are many factors that may be considered, and each state weighs these factors differently.

The factors that courts often consider include: 

- The breed and size of the dog;
- The reason the owner has the dog (i.e. just a pet or for protection);
- The dog’s history (i.e. previous complaints about the dog or a history of biting);
- Efforts to protect others from the dog (i.e. leash, muzzle, warning signs, etc.)

If you are in a state that does not impose strict liability on dog owners, the fact that the dog may be aggressive - even if the owner knows about it – still may not be enough to establish liability on the part of the owner for the dog’s behavior. Similarly, if the dog owner knows that the dog is dangerous but takes steps to protect others from the dog and provides adequate warnings about the dog, the dog owner may be relieved of responsibility for any injury caused by the dog. 

But the focus isn’t just on the dog or the dog owner. The injured person can be found fully or partially at fault for his or her own injuries, which could reduce or eliminate the damages awarded. For example, if the injured person provoked the dog, ignored warning signs about the dog, and/or otherwise did not take reasonable steps to protect him or herself, he or she might be held responsible.

If you’re the dog owner, your homeowner’s or renter’s insurance policy may cover any costs and damages incurred as a result of a dog bite. However, some insurance policies now exclude coverage for certain breeds, and/or place limits on how much they will pay for a dog bite claim. Other insurance companies provide separate coverage for pets at a higher rate. 

Dog owners should carefully review their homeowner’s or renter’s insurance policy. A dog owner who is not insured and is held liable for a dog bite will be responsible for paying any and all costs and damages out-of-pocket, which can include the person who was bit’s medical treatment, pain and suffering, disfigurement, loss of enjoyment of life, etc., saying nothing of the owner’s own attorneys’ fees. 

If you need a lawyer to help you in a dog biting case, go to www.legalserviceslink.com, post a short summary of your legal needs, and let the perfect attorney come to you!