Dog bites are a public health problem. Although dogs are sometimes treasured family members, they are also capable of inflicting severe wounds, psychological trauma, and economic distress when they bite. Whether the attack happened in a public park or on private property, victims have legal rights to seek damages for their injuries and suffering. That is where a dog bite attorney is needed.
Having a dog bite lawyer ensures your case is treated with care and experience. These attorneys are equipped to deal with complicated liability statutes, negotiate insurance coverage, and advocate for you in court when necessary. If you or a loved one has been attacked by a dog, learning about the legal process and what an attorney can do is the first step towards healing.
Understanding Dog Bite Liability
Dog bite liability varies across states and cities. In general, liability depends on the specific laws in your jurisdiction, the dog’s history, and the circumstances of the attack.
Strict Liability
Many states, including California and New Jersey, apply strict liability to dog bites. This means that a dog owner is automatically responsible for injuries caused by their dog, even if the dog has never bitten anyone before and the owner wasn’t negligent. The only requirements are that the bite occurred and the victim was legally present at the location of the incident.
One-Bite Rule
Other states follow the “one-bite rule”, which essentially gives dog owners a free pass the first time their dog bites someone, unless there was reason to believe the dog was dangerous. After that first incident, the owner can be held responsible if the dog bites again and they fail to prevent it.
Negligence
In states that don’t have strict liability laws or apply the one-bite rule, a negligence claim may be used. This means proving that the owner failed to take reasonable precautions to prevent the attack—such as not leashing their dog, ignoring previous warning signs, or violating local ordinances.
What to Do After a Dog Bite
Knowing what steps to take after a dog bite can protect your health, strengthen your case, and preserve your legal rights. Here’s what you should do:
Seek Medical Attention
Always seek medical treatment after a dog bite. Even minor wounds can become infected, and deep bites can lead to nerve damage, torn ligaments, or scarring. Dog bites can also carry diseases such as rabies and tetanus.
Identify the Dog and Owner
Get the owner’s name, address, and contact details, as well as information about the dog’s vaccination history. If you cannot identify the dog or owner, notify animal control immediately.
Report the Incident
File a report with local law enforcement or animal control. This documentation helps establish a legal record of the attack, which can be essential for insurance and legal claims.
Collect Evidence
Take photos of your injuries, the dog, the location of the attack, and any torn or bloody clothing. Speak to witnesses, collect their contact information, and keep records of all medical expenses and treatment.
Avoid Speaking to Insurance Adjusters Alone
Dog owners may file a claim with their homeowner’s insurance. If an adjuster contacts you, don’t give a statement or accept a settlement without speaking to a dog bite lawyer. Insurance companies often try to settle quickly—and for far less than you may deserve.
Why Hire a Dog Bite Attorney?
While some dog bite cases can be resolved without legal help, many benefit significantly from professional representation. A dog bite attorney brings the experience, resources, and legal knowledge to build a strong case.
Investigating the Attack
An attorney will conduct a thorough investigation, including reviewing animal control reports, interviewing witnesses, gathering medical documentation, and identifying any past complaints about the dog.
Determining Liability
Your lawyer will determine the most appropriate legal theory for your case, whether it involves strict liability, negligence, or a local leash law violation. In some cases, landlords, property owners, or dog walkers may also be held partially liable.
Negotiating with Insurance Companies
Insurance companies often minimize claims or blame the victim. A skilled lawyer knows how to challenge these tactics and negotiate a fair settlement.
Filing a Lawsuit if Necessary
If negotiations fail, your attorney can file a lawsuit and represent you in court, fighting for full and fair compensation.
Common Injuries from Dog Bites
Dog bite injuries range from mild to catastrophic. Some of the most common injuries include:
- Puncture wounds and lacerations
- Broken bones or fractures, especially in children
- Nerve damage
- Infections, such as cellulitis, staph, or rabies
- Scarring and disfigurement, particularly to the face or hands
- Emotional trauma, such as PTSD or anxiety
- Loss of function in limbs or digits
In the worst cases, dog attacks can be fatal, especially among infants or the elderly.
Damages You Can Recover
Victims of dog bites may be eligible for a wide range of compensation, depending on the severity of injuries, financial losses, and emotional impact.
Medical Expenses
This includes the cost of emergency care, hospitalization, surgeries, prescription medications, rehabilitation, and future medical treatments such as plastic surgery or physical therapy.
Lost Wages
If your injuries prevent you from working, you may be entitled to compensation for lost income and reduced earning capacity.
Pain and Suffering
This includes compensation for physical pain, emotional distress, fear of dogs, and diminished quality of life.
Disfigurement and Disability
Permanent scarring or the loss of a limb may warrant additional damages for physical and emotional disfigurement.
Punitive Damages
In cases involving gross negligence or intentional harm, courts may award punitive damages to punish the dog owner and deter future incidents.
Statute of Limitations
Every state has a legal deadline, known as the statute of limitations, for filing a dog bite lawsuit. In most states, this limit is two to three years from the date of the attack. Missing this deadline may result in losing your right to sue, so it’s crucial to contact a lawyer early.
How to Choose the Right Dog Bite Attorney
Not all personal injury lawyers specialize in dog bite cases. When choosing an attorney, look for the following qualities:
- Experience handling dog bite and animal attack cases
- A track record of successful settlements or verdicts
- Willingness to litigate if necessary
- A commitment to personal attention and client communication
- A contingency fee structure (you don’t pay unless they win)
Many dog bite lawyers offer free consultations, so you can discuss your case risk-free before committing.
Special Considerations for Child Victims
Children are most vulnerable to serious injuries during dog attacks. Their smaller size puts them at higher risk for bites to the head, face, and neck, and they often suffer deep psychological trauma that may last for years.
If your child has been bitten, it’s important to:
- Document all injuries and medical visits
- Seek counseling for emotional trauma
- File a legal claim that includes future medical needs and emotional support
Courts typically require that settlements involving minors be approved by a judge, and funds may be placed in a trust until the child reaches adulthood.
Dog Owner Defenses to Liability
In some cases, the dog owner may attempt to avoid liability by claiming:
- The victim provoked the dog
- The victim was trespassing
- The victim assumed the risk by interacting with the dog
- The dog was protecting its owner or property
A qualified dog bite attorney can build a case that addresses these defenses and proves your right to compensation.
Alternatives to Litigation
While many dog bite cases result in lawsuits, some can be resolved through mediation or settlement negotiation. These methods can save time and legal costs while still ensuring the victim is compensated fairly.
However, if the insurance company refuses a fair offer or disputes liability, filing a lawsuit may be necessary to achieve justice.
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.
