Dog Bite Law - Home Page

The most trusted and extensive resource for dog bite victims, dog owners, parents, journalists and others needing to learn about the legal rights of victims, and other aspects of the dog bite epidemic.

Dog Bite Law

A non-commercial web site, updated daily, authored by the USA's leading legal expert in dog bite law. Over 1 million people per year (3,300 each day) spend an average of 8 minutes reading www.dogbitelaw.com. Numerous legal publications and articles cite www.dogbitelaw.com as authority, and more than 2,500 web sites throughout the world link to it or cite it, including the U.S. Department of Agriculture and other governmental web sites. It can be read in many other languages using Google Translate at the bottom of each page.

 
  • For Dog Bite Victims
  • For Dog Owners
  • For Parents
  • For Journalists, Lawmakers, Academics
  • For Lawyers
  • For Canine Professionals
  • For Students
  • Glossary - the Dog Bite Law Adviser
  • The Dog Attack Danger Scale
  • Overview of Dog Bite Law in the USA
  • FAQ
  • Links
  • News
  • Tip of the Month
  • Blog
  • Wiki
  • Drop Box
  • Index
  • Contracts, legal forms, books and videos
  • Contact Attorney Phillips

  • For Dog Bite Victims

    The entire web site covers the laws of all states. This section is about human victims. If your dog was wrongfully injured or killed, see What To Do If Your Dog Is Injured Or Killed.
  • What to do after a dog bite
  • Bodily and emotional injuries in dog bite cases
  • Legal rights of dog bite victims in the USA
  • Legal rights of rescuers who incur dog bites
  • Legal rights of bystanders and family members
  • Beware of the "statute of limitations"
  • Does an adult need a lawyer for a dog bite claim?
  • Should parents get a lawyer for their injured child?
  • Dog bite victims need an attorney for "dog court"
  • Why dogs bite people
  • Dangerous and vicious dogs
  • What is a "bite"?
  • The "one bite rule"
  • Dog parks and liability for dog bites
  • Electronic pet containment and liability for dog bites
  • Landlord liability for dog bites
  • Homeowner association liability for dog bites
  • Humane society liability for dog bites
  • Adoption organization liability for dog bites
  • Police liability for dog bites
  • Liability for non-bite injuries
  • Criminal penalties for dog bites
  • Bankruptcy and dog bites
  • Investigating the attacking dog
  • Ownership of a dog
  • Photography in dog bite cases
  • Structured settlements in dog bite cases
  • The Dog Bite Law Blog (news and opinion)
  • Glossary and supplemental legal information
  • Meet Attorney Kenneth Phillips
  • For Dog Owners

    If your dog was wrongfully injured or killed, What To Do If Your Dog Is Injured Or Killed will show you how to make the guilty party pay what's fair.
  • What to do if your dog is injured or killed
  • The pet food recall of 2007
  • Veterinary malpractice
  • Protect and defend you and your dog
  • Insurance for the dog owner
  • Legal right to use service animals
  • Why dogs bite people
  • Dangerous and vicious dogs
  • If your dog bites someone
  • Legal rights of dog bite victims in the USA
  • Legal rights of rescuers who incur dog bites
  • Dog parks and liability for dog attacks
  • Electronic pet containment and liability for dog bites
  • Adoption organization liability for dog bites
  • Liability for non-bite injuries
  • Breed specific laws
  • Dog or burglar alarm: which is better?
  • Ownership of a dog
  • Criminal penalties for dog bites
  • Cruelty toward dogs
  • Bankruptcy and dog bites
  • Glossary and supplemental legal information
  • Legal research for non-lawyers
  • Meet Attorney Kenneth Phillips
  • For Parents 

    If you or your child were bitten by a dog, see these articles and the ones in Dog Bite Victims. Also see The Dog Bite Law Blog.
  • Legal rights of dog bite victims in the USA
  • Legal rights of rescuers who incur dog bites
  • Should parents get a lawyer for their injured child?
  • Why dogs bite people
  • Advice for parents about getting or keeping a dog
  • Dog or burglar alarm: which is better?
  • Teach your children how to avoid dog bites
  • Structured settlements in dog bite cases
  • Glossary and supplemental legal information
  • The Dog Bite Law Blog (news and opinion)
  • Meet Attorney Kenneth Phillips
  • For Journalists, Lawmakers and Academics 

    Reporters seeking interviews are welcome to click here. Mr. Phillips responds immediately to inquiries from the press, lawmakers and law enforcement.
  • Legal rights of dog bite victims in the USA
  • Dog bite statistics
  • Why dogs bite people
  • Preventing dog bites
  • Model dog bite laws
  • Dangerous and vicious dogs
  • Breed specific laws
  • Criminal penalties for dog bites
  • The pet food recall of 2007
  • Research articles about dog bites
  • Glossary and supplemental legal information
  • The Dog Bite Law Blog (news and opinion)
  • Meet Attorney Kenneth Phillips
  • Contact Attorney Kenneth Phillips
  • For Lawyers 

    Dog Bite Litigation Forms is a set of pleadings, discovery documents and a 16-page deposition outline covering over 50 topics. You receive it one minute after purchasing it. Plaintiffs' attorneys only.
  • Legal forms you can download now
  • Tips and tricks for victims' attorneys
  • Video of Anatomy of a Dog Bite Case for Plaintiffs' lawyers
  • Interviewing the dog bite victim
  • Dog bite victims need an attorney for "dog court"
  • Legal rights of dog bite victims in the USA
  • Legal rights of rescuers who incur dog bites
  • Legal rights of bystanders and family members
  • The "one bite rule"
  • What is a "bite"?
  • Why dogs bite people
  • Dangerous and vicious dogs
  • Landlord liability for dog bites
  • Police use of dogs
  • Police liability for dog bites
  • Homeowner association liability for dog bites
  • Humane society liability for dog bites
  • Adoption organization liability for dog bites
  • Dog parks and liability for dog attacks
  • Electronic pet containment and liability for dog bites
  • Liability for non-bite injuries
  • Insurance for the dog owner
  • Investigating the attacking dog
  • Ownership of a dog
  • Bodily and emotional injuries in dog bite cases
  • Legal right to use service animals
  • Photography in dog bite cases
  • The use of experts in dog bite cases
  • Breed specific laws
  • Criminal penalties for dog bites
  • Model dog bite laws
  • Cruelty toward dogs
  • The pet food recall of 2007
  • Bankruptcy and dog bites
  • Structured settlements in dog bite cases
  • Legal research for lawyers
  • Other legal resources for lawyers
  • Research articles about dog bites
  • Glossary and supplemental legal information
  • The Dog Bite Law Blog (news and opinion)
  • Meet Attorney Kenneth Phillips
  • For Canine Professionals 

    Trainers, rescue groups, adoption organizations, and shelters need to avoid liability for common accidents. And canine pros need to be compensated for their losses if attacked by a client's dog. See Avoiding Liability When You Train, Shelter or Adopt-Out.
  • Adoption organization liability for dog bites
  • Avoiding liability and getting reimbursed for medical bills
  • Research articles about dog bites
  • The use of experts in dog bite cases
  • Dog bite statistics
  • Glossary and supplemental legal information
  • The Dog Bite Law Blog (news and opinion)
  • Meet Attorney Kenneth Phillips
  • For Students 

    Here are some of the most controversial and important cases and issues in dog bite law. These topics are for students in high school, college or law school who wish to write about dogs and the law.

    When should a dog owner be convicted of murder? When is a dog attack an accident, and when is it a crime? The famous San Francisco dog mauling case, called The Diane Whipple case (People v. Knoller), changed the law in California. And the Texas case, called The Lilian Stiles case (Texas v. Jose Hernandez), changed the law in Texas. Read about them, along with Attorney Kenneth Phillips' opinions, and then make up your own mind.

    Should pit bulls be banned? Read the arguments pro and con at Breed Specific Laws on this web site. Then read Mr. Phillips' commentary, Canine Homicides and the Dog Bite Epidemic: Do Not Confuse Them, and his 10-point plan for Preventing Dog Bites.

    What should an ideal dog law say? Many cities have "dangerous dog laws." These laws enable the authorities to take a bad dog away from its owners, or even have it euthanized. Many laws also can prevent a bad dog owner from having a dog in the future. What is the correct balance between the rights of the community and the rights of dog owners? Debate the provisions of Attorney Kenneth Phillips' Model Dog Bite Laws.

    Dog Attack Danger Scale

    Here are the 6 danger-signs that warn of a dog attack. Knowing them can keep you and your children safe.

    1. A dog in its own yard, and no master present. In 2008, 78% of the human fatalities were by dogs in their own yard.

    2. Pit bull, Rottweiler, Akita or Chow. Most fatal dog attacks are by pit bulls. In 2008, 65% of the fatalities were by pit bulls.

    3. The pack mentality. Three dogs are worse than 2, 4 are worse than 3, etc. Docile dogs often become uncharacteristically violent and vicious when they are in a pack. In 2008, 39% of the fatalities involved multiple dogs.

    4. Chained or tethered. Dogs that are tied up are dangerous. In 2008, 9% of the fatalities involved chained dogs.

    5. Male. Male dogs are several times more dangerous than female dogs. Unneutered male dogs are the worst.

    6. Newness. A new dog in the house is dangerous for the first 60 days, and a person who is new to a household where a dog resides is in danger of attack for the first 60 days. In 2007 and 2008, 20% of fatal dog attacks involved a new person or dog sharing a household for a period of two months or less.

    The presence of any one factor indicates danger. Two or more of these danger-signs should be avoided at all costs. For more information, see Dangerous and Vicious Dogs, Why Dogs Bite People, and Preventing Dog Bites.

    Meet your host:

    Click here to read more about Attorney Kenneth Phillips Attorney Kenneth Phillips is the author of this web site. He has a unique law practice: he represents only people who have been bitten by a dog. His clients include children and adults throughout the United States.

    Mr. Phillips welcomes E-mail from visitors to this website, especially dog bite victims and their families. He responds personally and answers questions for free. Click here to write to him and receive his personal reply within hours (his E-mail address is kphillips@dogbitelaw.com). Reporters seeking interviews or information are welcome to click here.

    Mr. Phillips is widely recognized as the nation's leading authority on dog bite law. A frequent guest on CNN, NBC, CBS, ABC, MS-NBC, Fox News Channel, and Court TV, he has been called "the dog bite king" (Today Show and Lawyers Weekly), "a leading expert in dog bite law" (Good Housekeeping), and "the nation's best known practitioner of terrier torts" (Los Angeles Times).

    Find out more about him at Meet Kenneth Phillips. For announcements about his own cases and the work flow at his law office, go to Kenneth Phillips on Twitter.

    Overview of Dog Bite Law :

    American dog bite law consists of civil and criminal law, found in state statutes, county and city ordinances, and court decisions. The laws vary widely among jurisdictions.

    The key issue in a dog bite case is the extent to which the jurisdiction follows the old English "one bite rule." This ancient law shields a dog owner or harborer from liability, civilly and criminally, until he has a certain degree of knowledge that his dog is dangerous or vicious. When he has this knowledge, however, the one-bite rule rule makes the owner strictly liable for bite injuries.

    In civil law which deals with compensation to injured people, roughly two-thirds of the states have statutes which either eliminate or modify the one-bite rule, making dog owners liable for all dog bites provided that the victim neither trespassed nor provoked the dog. In some states, the dog bite statute makes liability automatic, while in others, there are conditions or limitations.

    Injuries caused by negligent handling or confinement of a dog, or by violating a leash law, also make a dog owner liable in almost all states.

    To learn more about the civil laws, start at Legal Rights of Dog Bite Victims in the USA and from there click on the link to your state. For criminal laws, go to Dangerous and Vicious Dogs. For model laws that create a fair balance between the rights of the community and dog owners, see Model Dog Bite Laws.

    To help decide what to do after a dog bite, read Does an Adult Need a Lawyer for a Dog Bite Claim? or Should Parents Get a Lawyer for Their Injured Child?

    To learn the statistics and how to prevent dog bites, go to the list of topics in For Journalists, Lawmakers and Academics.

    Click here to read more about the one bite rule

    Search the Dog Bite Law Website :

    Try the Index, the Glossary, or Google Search:

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    The Dog Bite Law Bookstore :

    What To Do If Your Dog Is Injured Or Killed by Attorney Kenneth Phillips is a legal self-help book that tells a dog owner how to get reimbursed for vet bills, and compensated for your anguish when your dog is wrongfully injured or killed. Download immediately and use today.

    Pleadings, interrogatories, admissions, document production, a 50-topic deposition outline, and much more. Save hours of work with Mr. Phillips' Dog Bite Litigation Forms. Only for plaintiffs' lawyers. Good in all states. Cheaper than the cost of typing them. Download immediately and use today.

    Tips and tricks that cannot be found anywhere else. Anatomy of a Dog Bite Case is a video of Mr. Phillips' 2-1/2 hour seminar for plaintiffs' lawyers. Learn strategies and tactics, the new causes of action, how to overcome all of the common defenses, how to settle your case, and more. Inexpensive. Good in all states.

    Avoiding Liability When You Train, Shelter or Adopt Out is an all-in-one self-help package for trainers, rescue groups, and shelters. Includes ready-to-use legal documents by Mr. Phillips, and his 1-1/2 hour seminar explaining everything in plain, simple language. The Q&A sessions on this DVD are fun and illuminating. Prevent trouble before it begins!

    If you have a valid case but it's not "big enough" for a lawyer, the $1 Dog Bite Forms are for you. Attorney Kenneth Phillips wrote "fill-in-the-blanks" letters and forms to help the dog bite victim get the compensation he or she deserves. Powerful self-help for only $1 per form. Buy just what you need. New ones are being added every week, by request.

    In the news:

    Persons killed by dogs in June 2009: Two Americans died from dog bite injuries this month.

    On June 15, 2009, two pit bulls killed Justin Clinton, 10, a resident of Texas. The dogs and the boy were on public property. Justin is the USA's 16th canine-inflicted human fatality in 2009. Texas is the nation's leader in fatal dog attacks. It is a one-bite state.

    On June 27, 2009, two pit bulls and a collie mix killed Gabrial Reese Mandress, 3, of Marion, Illinois. The dogs belonged to his parents, and he was killed in his own back yard. Illinois is a strict liability state.

    Read The Dog Bite Law Blog for information and commentary on recent death cases, plus updates on dog owner prosecutions and other legal news pertaining to dog ownership.

    The death count: The USA has sustained 17 fatal dog attacks in 2009. There were 23 in 2008, and 33 in 2007. For details (including a month-by-month breakdown of canine homicides since July 2006) see Dangerous and Vicious Dogs. For Attorney Kenneth Phillips' commentaries about "canine homicides" and related issues, go to The Dog Bite Law Blog.

    Abolish the "one bite rule" and prevent dog bites: In 2007 and 2008, there were 29 canine homicides in the 21 states that either do not have a dog bite statute, or have one that incorporates the one bite rule.

    By contrast, the same period saw only 27 fatal attacks in the other 29 states, which are the ones that have rejected the one bite rule in whole or in significant part.

    In other words, the states that do not impose strict liability have more fatal dog attacks. That statistic supports the view that the one bite rule needs to be abolished in the USA.

    This old English law demands little or no vigilance on the part of dog owners. A single dog owner can own one biting dog after another, without fear of civil liability, because every dog gets that one free bite, mauling or killing. To learn more about the deadly one bite rule, click here.

    Twenty-nine American states have rejected the one bite rule in whole or part because its primary effect in modern times is to prevent dog bite victims from making insurance claims for anything more than medical expenses. Dog bites are covered by liability insurance, such as homeowners, renters and some umbrella insurance policies, but the victim still must prove that his claim rests on legal grounds. The one bite rule makes this difficult or impossible in many cases, and therefore benefits insurance companies at the expense of the injured, who are mostly children.

    There should be no right to bite. The one bite rule should be rejected in every state and country. Children in one bite states like Texas, North Carolina and Maryland are entitled to the same rights as kids in strict liability states.

    Famous dog bite cases: The Diane Whipple case (People v. Knoller). The Lilian Stiles case (Texas v. Jose Hernandez).

    For more news and opinion: Read The Dog Bite Law Blog, the "editorial section" of Dog Bite Law. Hard-hitting and opinionated, it covers the daily news about dogs (from killings of humans, to cruelty, to new and sometimes terrible laws for dog owners), and presents Attorney Kenneth Phillips' brutally incisive opinions about laws, mistakes and moral issues involving dogs.

    Tip of the month:

    If you are bitten by a dog, learn about liability here or by talking to a knowledgable lawyer. Do not ask police or animal control officers about civil liability. Their answer most often will be based on criminal and administrative law, not civil liability law. In other words, their answer will not be about liability to pay compensation to the victim, but only about whether the dog owner or dog will face administrative consequences such as a fine, confinement of the dog, or euthanasia (which are only some of the alternatives).

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    www.dogbitelaw.com and each of its sections and products, including Dog Bite Law, The Dog Bite Law Adviser, Dog Bite Litigation Forms, What To Do If Your Dog Is Injured Or Killed, Avoiding Liability When You Train, Shelter or Adopt-Out, Anatomy of a Dog Bite Case, and the foregoing text, are (c) 1999-2009 Kenneth M. Phillips. All rights reserved. Reproduction in whole or part prohibited except where advance permission is granted in writing. Please read the disclaimer and our rules for linking and quoting. Reporters seeking interviews are welcome to contact us by clicking here.
    This page last changed on 6/30/09