Dog bite laws are legislations that determine under what circumstances and in what manner a dog owner is held legally accountable for harm caused by his or her animal. They differ from state to state, but they tend to specify the rights of the victims as well as the responsibilities of the owners, particularly in the event of serious bites or attacks. Regardless of whether or not a dog has previously exhibited signs of aggression, some states have strict liability laws, where the owner is liable even if the animal’s history is negative.
In this article, you will discover how strict liability and the “one bite rule” differ, how different states deal with dog bite claims, and what compensation can be sought by victims. We’ll also address potential defenses to dog bite claims for owners, important legal terms, and helpful advice on how to pursue or defend a dog bite claim according to your state’s particular statute.
What Is a Dog Bite Statute?
A dog bite statute is a state-level law that governs when and how a dog owner is held liable for injuries caused by their dog. These statutes are designed to simplify the process for victims and establish clear rules for accountability.
Unlike the common law “one bite rule,” which may require proof that the dog had shown aggression in the past, most dog bite statutes impose strict liability on dog owners. This means that the owner is responsible for the injury regardless of whether the dog had a history of biting or aggression.
Strict Liability vs. the One Bite Rule
Different states use different legal standards when it comes to dog bite injuries. The two most common are:
Strict Liability States
In states with strict liability laws, the dog owner is automatically liable if their dog bites someone, as long as the person was legally present and not provoking the dog. The victim does not need to prove the owner was negligent or that the dog had bitten before.
Strict liability typically applies when:
- The victim was lawfully on private or public property
- The dog bite caused injury
- The victim did not provoke the dog
Examples of strict liability states include California, Florida, and Illinois.
One Bite Rule States
In these states, a dog owner may not be liable for a bite unless they knew or should have known the dog had dangerous tendencies. Essentially, the dog gets “one free bite” before the owner can be held responsible.
To win a claim in these states, the victim must prove:
- The dog had previously shown aggression or bitten someone
- The owner was aware (or should have been aware) of this behavior
- The owner failed to take reasonable precautions
Examples of one bite rule states include Texas and New York, although even these states may allow claims under general negligence theories.
Key Elements of Dog Bite Statutes
While the details vary by jurisdiction, most dog bite statutes include some or all of the following elements:
1. Who Can File a Claim
Typically, anyone who is legally on public or private property can bring a claim, including:
- Mail carriers
- Delivery drivers
- Guests and invitees
- Pedestrians and bystanders
Trespassers may be excluded from protection under some statutes.
2. Where the Attack Occurs
Most statutes cover incidents on both public and private property. However, claims can be more complicated if the attack occurs in a place where dogs are expected to be restrained, like in an apartment building or store.
3. Type of Injury Covered
Though called dog “bite” statutes, many laws also cover non-bite injuries like:
- Scratches from a jumping dog
- Falls caused by a dog knocking someone over
- Emotional trauma
It’s important to check your state’s specific statute to see what types of injuries are included.
4. Time Limits for Filing (Statute of Limitations)
Every state sets a deadline for how long victims have to file a lawsuit, usually between one and three years from the date of the injury. Failing to file within this timeframe can permanently bar you from seeking compensation.
Defenses Available to Dog Owners
Even in strict liability states, dog owners may have valid legal defenses, such as:
Provocation
If the victim teased, hit, or otherwise provoked the dog, the owner may not be held liable.
Trespassing
If the person bitten was unlawfully on private property, the dog owner might be exempt from responsibility.
Assumption of Risk
In some states, individuals who knowingly interact with aggressive dogs (e.g., veterinarians, dog groomers, or kennel workers) may have limited legal recourse under the assumption-of-risk doctrine.
What Victims Can Recover in a Dog Bite Lawsuit
A successful dog bite claim can lead to compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Future medical treatments or therapy
In rare cases involving gross negligence or intentional harm, punitive damages may also be awarded.
Real-Life Example: California’s Dog Bite Law
California Civil Code Section 3342 states:
“The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place…”
This law imposes strict liability, meaning that even if the dog had no prior history of aggression, the owner is still responsible for a bite—unless a valid defense (like provocation) applies.
How to File a Dog Bite Claim
If you or a loved one has been bitten by a dog, here’s what to do:
- Seek Immediate Medical Attention – Your health comes first, and documentation of injuries is crucial.
- Report the Incident – File a report with local animal control or law enforcement.
- Identify the Dog and Owner – Get contact and insurance information.
- Gather Evidence – Take photos, gather witness statements, and keep medical records.
Consult a Personal Injury Lawyer – Especially if injuries are serious or you’re unsure of your legal rights.
Responsibilities for Dog Owners
To prevent legal exposure and keep others safe, dog owners should:
- Follow leash laws and local ordinances
- Use warning signs if the dog is protective or territorial
- Avoid taking aggressive dogs into public spaces
- Ensure proper training and socialization
- Notify landlords or homeowners associations if required
Also, having homeowner’s or renter’s insurance that covers dog bites is highly recommended.
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.
