Dog bites are capable of serious injury, from puncture and infection to permanent scarring and psychological damage. When they do happen, the most critical question of law is: Who’s liable? Dog owners in some U.S. states can be held strictly liable for their animals’ injuries, even if their dog has no history of aggressive behavior.
In this article, you will get to know what strict liability entails under dog bite law, how it is different from other legal standards, which states observe it, and what it implies for pet owners and victims of dog bites. We will also look at real-life situations, exceptions, and what a victim can do following a bite.
What Is Strict Liability in Dog Bite Cases?
Strict liability means that a dog owner is legally responsible for injuries caused by their dog regardless of intent, negligence, or prior knowledge of the dog’s behavior. Under this rule, the victim does not have to prove that the owner was careless or that the dog had a history of aggression. Simply proving that the dog bite occurred is often enough to establish liability.
This legal doctrine removes many of the hurdles victims face in personal injury cases, streamlining the path to compensation.
Example
Imagine a neighbor’s dog jumps a fence and bites you while you’re walking past their yard. Even if the dog had never bitten anyone before and the owner had no reason to believe it was dangerous, the owner could still be held strictly liable in states with such laws.
How Strict Liability Differs from the “One Bite Rule”
In contrast to strict liability, some states follow the “one bite rule.” This rule generally protects the owner from liability if it’s the dog’s first offense and the owner had no reason to suspect the dog was dangerous.
Here’s a breakdown of the differences:
Legal Standard | Owner Liability | Victim’s Burden of Proof |
Strict Liability | Liable even without prior knowledge | Must prove bite occurred and caused injury |
One Bite Rule | Liable only after first known incident | Must prove owner knew or should have known dog was dangerous |
Strict liability laws are considered more victim-friendly, while one bite rules offer more protections for dog owners.
States That Follow Strict Liability for Dog Bites
Many U.S. states have adopted strict liability statutes. These laws are typically found in state civil codes and apply specifically to dog bites (not necessarily other types of injuries caused by dogs, such as a knockdown or scratch).
Here are a few states that follow strict liability for dog bites:
- California: Civil Code § 3342 holds owners strictly liable if a bite occurs in a public place or lawfully in a private place, including the dog owner’s property.
- Florida: The owner is liable for damages regardless of prior knowledge, but damages may be reduced if the victim was negligent.
- Illinois: Animal Control Act imposes liability for any injury (not just bites) caused by a dog if the victim was peaceably conducting themselves.
- Michigan: Statute imposes strict liability for unprovoked bites if the victim was lawfully on the premises.
- New Jersey: Strict liability applies if the victim was in a public place or lawfully on private property.
Always check the specific wording of your state’s dog bite statute or consult a local attorney to verify how the law applies in your situation.
Key Elements of a Strict Liability Dog Bite Case
Although victims do not need to prove negligence or that the dog was previously dangerous, they do need to prove a few critical elements to succeed under strict liability:
- The defendant owned the dog
- The dog bit the victim
- The victim was in a public place or lawfully on private property
- The bite caused injury or harm
If these elements are met, the owner is generally liable unless a legal defense applies.
Common Defenses to Strict Liability
Even in strict liability states, dog owners may avoid liability if they can prove one of the following defenses:
Provocation
If the dog was provoked — by hitting, teasing, or harming it — the owner may not be held liable. Courts evaluate what a “reasonable person” would consider provocation.
Trespassing
Strict liability typically does not apply if the victim was unlawfully on private property at the time of the bite. Trespassers often lose their right to sue under these laws.
Assumption of Risk
If the victim knowingly took the risk of being around a dangerous dog (e.g., dog trainers or veterinarians), they may be barred from recovering damages.
Comparative Fault
Some states reduce compensation if the victim is partially at fault — for example, by ignoring warning signs or entering a yard clearly marked with “Beware of Dog.”
What Types of Damages Can Be Recovered?
Victims who successfully bring a strict liability dog bite claim may be entitled to a wide range of damages, including:
- Medical expenses (hospital bills, surgeries, rehabilitation)
- Lost wages if the injury prevents work
- Pain and suffering
- Emotional distress or PTSD
- Scarring and disfigurement
- Loss of future earning capacity
- Property damage (such as torn clothing or broken glasses)
In cases involving gross negligence or malicious intent, punitive damages may also be awarded.
Strict Liability and Children
Children are among the most common dog bite victims. In many strict liability states, courts provide extra protection for minors, especially if they are too young to understand the risks. Even if a child wandered into a neighbor’s yard, courts may rule that they lacked the capacity to trespass or provoke the dog, allowing them to recover damages.
Insurance and Strict Liability
Most homeowner’s or renter’s insurance policies cover dog bite claims under personal liability coverage, up to the policy limits. If the damages exceed those limits or if the dog owner is uninsured, the victim may need to pursue personal assets through a lawsuit.
It’s worth noting that some insurance companies exclude coverage for certain breeds (e.g., Pit Bulls, Rottweilers, Dobermans). If the bite was caused by one of these breeds, the insurer might deny the claim, and the victim would need to go after the owner directly.
What Victims Should Do After a Dog Bite
To protect your health and legal rights after a dog bite:
- Seek immediate medical attention, even for minor wounds.
- Report the bite to animal control or your local health department.
- Document everything — including the bite, the location, witnesses, and the dog.
- Request the dog owner’s contact and insurance information.
- Contact a personal injury attorney who specializes in dog bite claims.
Time is critical. In most states, you must file a dog bite lawsuit within a specific statute of limitations, often 1 to 3 years from the date of the injury.
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.
