Dog bites have the potential to cause severe physical and emotional damage, leaving victims with not just painful wounds but also hefty medical expenses and psychological trauma. If you’ve been bitten by a dog, you might be able to pursue a dog bite lawsuit to seek damages for your losses and injuries. Knowing your legal rights and the process is crucial to safeguarding your well-being and getting justice.
Why File a Dog Bite Lawsuit?
A dog bite lawsuit allows victims to seek compensation for damages resulting from the attack. These can include:
- Medical expenses (emergency treatment, surgery, rehabilitation)
- Lost income if you’re unable to work during recovery
- Pain and suffering
- Emotional distress, including anxiety or PTSD
- Scarring or disfigurement
- Property damage, such as torn clothing or broken glasses
Filing a lawsuit not only helps you recover financially but also holds negligent dog owners accountable for their actions—or inactions—that led to the attack.
Dog Bite Laws Vary by State
The laws that govern dog bite cases differ significantly from one state to another. There are generally three legal frameworks under which a lawsuit may be pursued:
Strict Liability
Under strict liability laws, dog owners are automatically liable for injuries their pets cause—even if the dog has never shown aggression before. States like California, New Jersey, and Florida follow this rule. Victims do not need to prove negligence; they simply need to show that the dog bite occurred and that they were legally present where the attack happened.
The One-Bite Rule
Other states, such as Texas and New York, follow the “one-bite rule,” which means owners may not be liable unless they knew or should have known their dog was dangerous. Once a dog shows aggression or has bitten someone before, the owner becomes legally responsible for preventing further incidents.
Negligence-Based Laws
Some states allow victims to pursue lawsuits based on negligence, which involves proving that the owner failed to take reasonable precautions—like securing the dog on a leash or within a fenced yard.
Steps to Take After a Dog Bite
If you’ve been bitten by a dog, following these steps can protect your health and your legal claim:
- Seek medical attention immediately. Even minor bites can lead to infections or complications.
- Identify the dog and its owner. Get names, addresses, and contact information.
- Report the incident to local animal control or law enforcement.
- Document your injuries by taking photos and keeping records of all medical treatment.
- Gather witness statements, if possible.
- Consult a dog bite attorney before speaking with insurance companies.
Who Can Be Held Liable in a Dog Bite Lawsuit?
While the dog owner is most commonly the defendant in these cases, there may be other liable parties, depending on the situation:
- Property owners or landlords who allowed a dangerous dog to stay on their property
- Dog walkers or caretakers who failed to control the dog
- Business owners, if the attack occurred at a place of business
- Homeowners, via their homeowners’ insurance policies
Identifying all responsible parties can help maximize the compensation you’re entitled to receive.
Damages You Can Claim
A successful dog bite lawsuit can result in both economic and non-economic damages, including:
Medical Costs
These may include ER visits, surgery, physical therapy, medications, and any ongoing treatments or future surgeries (e.g., for scarring or disfigurement).
Lost Wages
If you had to miss work due to the injury, you may be compensated for both lost income and future earning potential, if the injury causes long-term limitations.
Pain and Suffering
This refers to the physical pain and emotional distress caused by the bite and recovery process. It may include anxiety, PTSD, or a newly developed fear of dogs.
Disfigurement and Disability
Dog attacks can leave permanent scars or impairments, which can have a significant impact on a victim’s self-esteem, daily life, and employability.
Punitive Damages
In extreme cases—where the dog owner acted with gross negligence or malicious intent—courts may award punitive damages to punish the behavior and deter similar future conduct.
Statute of Limitations
Every state has a deadline by which a dog bite lawsuit must be filed. This is known as the statute of limitations, and it typically ranges from 1 to 3 years depending on the state. Missing this window may prevent you from pursuing compensation altogether.
Filing a Dog Bite Lawsuit: The Process
Here’s a basic overview of what to expect if you decide to file a dog bite lawsuit:
1. Initial Consultation with an Attorney
Most personal injury lawyers offer free consultations. During this meeting, they will evaluate your case, explain your rights, and outline your legal options.
2. Investigation and Evidence Collection
Your attorney will gather medical records, witness statements, police reports, and any video footage or photographs related to the incident.wide range of compensation, depending on the severity of injuries, financial losses, and emotional impact.
3. Filing the Complaint
If the case cannot be resolved through an insurance claim, your lawyer will file a formal lawsuit on your behalf in civil court.
4. Discovery Phase
Both sides exchange information and evidence. Depositions may be taken, and experts (like doctors or dog behaviorists) might be consulted.
5. Negotiation or Mediation
Many dog bite cases settle before going to trial. Your lawyer will negotiate with the other party or participate in mediation to reach a fair settlement.
6. Trial (if necessary)
If a settlement isn’t reached, the case will proceed to trial, where a judge or jury will decide the outcome and award damages if appropriate.
How a Dog Bite Lawyer Can Help
Dog bite laws can be complex, and insurance companies often try to downplay injuries or shift blame. An experienced dog bite attorney brings the expertise needed to:
- Prove liability
- Evaluate the full value of your claim
- Negotiate with insurance adjusters
- Take your case to court if necessary
Most personal injury attorneys work on a contingency fee basis, meaning you pay nothing unless they win your case.
Special Considerations for Children
Children under the age of 10 account for a large percentage of serious dog bite injuries. These attacks often result in:
- Facial injuries
- Long-term trauma
- Extensive reconstructive surgeries
When a child is injured, courts may require judicial approval of any settlement, and the funds may be placed in a trust until the child reaches adulthood.
Defenses to Dog Bite Lawsuits
Defendants may try to avoid liability by arguing:
- The victim was trespassing
- The victim provoked the dog
- The victim assumed the risk of interacting with the dog
Your attorney will work to counter these defenses with solid evidence and witness testimony.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
