Why You Should Take Action After a Dog Bite
If a dog bites you or your dog is attacked, there are important reasons to act. Here’s why:
Why Make a Report to Animal Control
- Animal Control Needs to Know
They can’t fix a problem they don’t know about. - The Dog Owner Needs a Wake-Up Call
Owners often think their dog is harmless. They need to understand it is a danger. - The Dog May Need Restrictions
Animal Control can order the owner to:- Muzzle the dog
- Keep it in a secure pen
- Remove it from the area
- Euthanize it if necessary
Why Make an Insurance Claim
- Medical Bills
You shouldn’t pay for these yourself. - Future Medical Costs
Health insurance won’t cover cosmetic treatments. Why should you pay for them? - Lost Income
If you can’t work, you deserve compensation. - Loss of Future Earnings
Scars or disabilities can limit your ability to earn money. - Pain and Suffering
Compensation isn’t fair if it only covers bills. Pain and emotional suffering matter, too. - Pressure on the Dog Owner
An insurance claim can push the owner to address the dog’s behavior.
Why Hire an Attorney
- Get Fair Compensation
Insurance companies might offer less than you deserve. Only a lawyer can file a lawsuit to demand what’s fair. - Lower Medical Bills and Liens
Health insurance and doctors might claim part of your settlement. A lawyer can negotiate these. - Plan for a Child’s Future
If the victim is a child, a lawyer can invest the money safely. It won’t just sit until the child turns 18. A tax-free plan can ensure the money is used wisely. - Representation at Court
When a child is injured, the court must approve the settlement. You’ll want a lawyer to represent your family, not just the insurance company. - Reduce Your Stress
Let the lawyer handle the paperwork, laws, and negotiations. Focus on healing instead. - No Upfront Costs
Lawyers work on a contingency fee. This means they only get paid if you win. - Advance Costs
Building a strong case costs money. Lawyers cover these expenses and only get reimbursed if you win.
Taking action can protect your future and help prevent others from being hurt. Don’t wait to get the help you need.
Self-Help Options for Dog Bite Situations
There are ways to help yourself if you were bitten, your dog was hurt, or you’re a canine professional dealing with a legal issue.
If You Were Bitten by a Dog
- Talk to Attorney Kenneth M. Phillips
Click “Contact” in the menu on this page to send him a message. He will review your situation and explain your options for free. - Consider Small Claims Court
If your case is too small for a lawyer, consider Small Claims Court.
If You Are a Lawyer with a Dog Bite Case
- Ask Attorney Phillips for Advice
Use “Contact” in the menu to send him details about your case. He will offer solutions. - Get the “Dog Bite Lawsuit Forms“
These are the same forms Attorney Phillips uses to handle cases nationwide. - Watch “Tips & Tricks for Dog Bite Lawyers“
Learn proven strategies and tactics to succeed in dog bite cases.
If Your Dog Was Injured or Killed
- Read “When a Dog Is Injured or Killed“
This self-help book has helped thousands of dog owners get justice.
If You Are a Canine Professional
- Watch “Avoiding Liability When Working with Dogs“
This video seminar includes essential legal documents to protect you if you train, shelter, or adopt-out dogs. It also explains how to get compensated if you are hurt by a client’s dog.
These resources are here to guide you through your situation and help you get the justice you deserve.
15 Reasons Why Kids and Adults Need a Lawyer for a Dog Bite Case
- Insurance companies usually pay very little. Out of 4.7 million Americans bitten each year, insurance only pays about 15,000 to 17,000. Without a lawyer, victims have less than a 1% chance of getting compensated.
- Victims without lawyers get lower offers. Insurance adjusters often offer victims without lawyers only 10% to 20% of what they would offer to a lawyer, keeping 80% to 90% of the potential payout.
- Dog bite law is complex. It involves state laws, local ordinances, and court cases. Legal doctrines like comparative negligence, apportionment of damages, and governmental immunities make it complicated.
- Lawyers know the right compensation amounts. They base this on payouts to similar victims over the past decade, information not easily found by the public.
- No upfront costs with lawyers. Lawyers on contingency fees don’t charge upfront. The initial consultation is free, and you only pay if you win.
- The dog owner isn’t financially hurt. Homeowner or renter insurance covers the claim, so the dog owner doesn’t pay out of pocket.
- Lawyers handle owners delicately. They won’t harass or threaten the dog owners, or make them feel guilty.
- Lawyers can settle without court. Good lawyers know how to negotiate with insurance companies to avoid court.
- Lawyers cover evidence costs. They spend their own money to gather evidence, which can cost $2,000 in the most straightforward case, or tens of thousands of dollars in a complicated one.
- Lawyers maximize your net amount. After a settlement with the dog owner’s insurance company, there have to be settlements with doctors, hospitals, government agencies and many other third parties who will demand reimbursement from you. An experienced lawyer will deny or negotiate those bills to maximize what you actually end up with.
- Early legal help is beneficial. A lawyer involved early can influence the insurance company’s offer, making settlement easier.
- Having a lawyer doesn’t slow the process. Resolution depends on your recovery, not legal representation.
- Child settlements need protection. A lawyer ensures that a child’s settlement is properly managed and invested.
- Court approval for child settlements. If the victim is a child, a lawyer will go to court for you and get approval for the settlement.
- Claims for parents too. Lawyers also help parents get compensation related to their child’s injury.
- A Dad’s Story About His Son’s Dog Attack. A father shares his emotional journey after his 5-year-old son was severely bitten by a family member’s dog. A must-read for parents facing similar challenges.
- A Mom’s Open Letter About Her Daughter’s Dog Bite Case. A heartfelt letter from a mother whose daughter was bitten by a dog. She shares her emotional journey, and the challenges she had to face.
Worries About Hiring a Lawyer:
- It Might Ruin Friendships: Some people worry that getting a lawyer could make things awkward with neighbors or friends. But a good lawyer handles things quietly and goes after insurance. They do not blame anyone directly or ask for money from them. If there isn’t insurance, your lawyer will tell you your options before taking further action.
- What About the Dog? Many are scared the lawyer might want the dog put down. But you could tell your lawyer not to go in that direction. It’s your case and your attorney has to do what you ask.
- Will It Cost Too Much? People often think lawyers will take most of the money. Without a lawyer, the insurance company might keep 80-90% of the money a good lawyer could get you. Your lawyer will take far less, 25-33% if there’s no court case, 40% if there’s a lawsuit. That means more money for the victim.
- Paying the Lawyer: Paying a lawyer sounds scary. But attorneys who do dog bite cases don’t ask for money upfront. They get paid only when you get your money at the end.
In his own words —
Am I Too Busy for New Cases?
No, I am not. I personally handle every case and only take new ones when I can fully commit. If I cannot take your case, I will let you know right away so you aren’t left waiting.
Hard to Contact?
Not at all. If you reach out, I will respond personally within 24 hours. You will never deal with an assistant or ghostwriter. I am also available by phone whenever my clients need me.
Do I Handle Too Many Cases?
No, I keep my caseload small. I focus on serious cases, including:
- Injuries to the face
- Cases involving disabilities
- Fatal dog attacks
This allows me to give each case the attention it deserves.
Is a Facial Cut Too Minor for Me?
No. Facial injuries are often serious and life-changing. I take these cases seriously.
Am I Expensive?
No. My fees are the same as other lawyers who work on contingency.
- You pay nothing upfront.
- I cover all case costs until the case is resolved.
- If the victim is a child, I seek court approval for my fees.
- In states where I work with a local lawyer, we split the fee, so you get two lawyers for the price of one.
Do I Delegate to Junior Associates?
No. I do not have junior associates. I personally handle all my cases. If I need to involve a local lawyer, it is only for necessary assistance.
What Makes Me Unique
- I am the only lawyer in the USA who focuses only on representing dog bite victims.
- My entire practice is dedicated to dog bite law.
- I am nationally recognized as the top legal expert in this field.
- You can find out more about me at Meet Kenneth M. Phillips.
- I don’t just handle cases to make money. I help write dog bite laws and travel at my own expense to improve laws and teach better practices to lawyers and dog professionals.
- My website, dogbitelaw.com, has been online since the 1990s. I am the only full-time dog bite lawyer in the USA.
With my focus, experience, and personal attention, I provide unmatched representation for dog bite victims.
Some states follow an old English doctrine called the “one-bite rule” to decide who is responsible when a domestic animal, like a dog, causes harm to a person, property, or another animal.
Only a few states in the U.S. still use this rule. You can see which states follow it in the diagram next to this paragraph.
For more information, visit The One Bite Rule here on Dog Bite Law.
The Problem In a One-Bite State
“My son got bitten in a one bite state,” the message began.
“I contacted the dog owner’s homeowner’s insurance. They told me there is a ‘first free bite’ rule, and said they will not pay anything over $1,000.
“Is there nothing that I can do?”
Yes, a victim can win in a one bite state!
In a one-bite state, a bite victim can win if there is evidence that triggers one of the following legal doctrines:
The One Bite Rule
You need to prove two things:
- The dog acted like it wanted to bite a person before your bite happened.
- The dog’s owner knew or should have known that the dog wanted to bite a person.
Negligence per se:
You have to prove that the bite happened because the dog owner broke a specific animal control law. Examples are leash laws, restrictions on dogs roaming freely, and rules against dogs being on someone else’s private property without permission.
Negligence:
Negligence is doing something that you should not do, or not doing something that you have a duty to do.
To judge if you should not do something, for example, courts ask if a person like the defendant should have foreseen that doing it would cause harm.
Negligence cases are allowed in every state except New York.
It’s tough to appeal a dog bite case. There are two different kinds of appeals. There is an appeal from a “dangerous dog hearing,” by a “dog court” judge. The other is an appeal from a civil lawsuit. Either way, you have to have legal grounds.
Mr. Phillips’ book, “Defending Your Dog – Win Your Case in Dog Court,” tells how to appeal from a “dangerous dog hearing.” It’s the only practical, reasonably priced solution. It’s available instantly because you download it.
The appeal of a civil trial is far more complicated and expensive. The grounds for appeal are very technical so a lawyer has to review the the trial transcript and the evidence. It takes days or weeks to do this, and costs many thousands of dollars because lawyers charge by the hour.
If the lawyer finds grounds for appeal, the costs grow higher because you have to go through the appeal process. Briefs have to be written, there often is a hearing by the appellate judges, and then you have to wait for them to make a written decision. Unfortunately, this part of the process usually costs tens of thousands of dollars in addition to what you already paid.
In the end, it might not be worth it to appeal a civil judgment. Most appeals fail and the loser usually has to pay the other party’s costs. Even if you win, the appellate court might just order a new trial, which means more expenses.
The bottom line is this. Appealing a decision made in “dog court” can be done efficiently, as described in Mr. Phillips’ book. Appealing a judgment from a civil court, however, takes years, it’s expensive, and you’ll probably lose. That’s why appealing a civil dog bite case isn’t practical. But sometimes you have to take the risk.
How to Protect Yourself from a Dangerous Dog
If there’s a vicious dog in your neighborhood, here are effective steps you can take to protect yourself, your family, and your community:
1. Identify the Dog
Take detailed notes about the dog’s appearance. Include:
- Color of its fur
- Sex (if you can determine it)
- Fur length (short, medium, or long)
- Collar details (color, tags, or markings)
- Other identifying features (scars, spots, size)
Be cautious when guessing the breed—unless you’re an expert, misidentifying the breed could weaken your report.
2. Report the Dog to Animal Control
Write a brief letter to the head of animal control. Include details about the dog’s behavior and the owners’ negligence. Demand that the owners be cited and the dog permanently removed from the streets. Be clear and to the point.
3. Keep a Fire Extinguisher Handy
Place a fire extinguisher by both your front and back doors. If the dog threatens you or a family member, use the extinguisher to deter the dog safely—this is a non-lethal way to defend yourself without resorting to weapons.
4. Record Video Evidence
If the dog behaves aggressively, capture the incident on video. Clearly state the date, time, and location while recording. Avoid adding any extra commentary so the footage remains clear and credible.
5. Organize Legal Action with Neighbors
If the situation becomes severe and people feel unsafe going outside, organize your neighbors to hire a lawyer and file a nuisance lawsuit against the dog owners. Legal fees can be costly for both your group and the dog owners, but a successful court order could lead to penalties or even jail time for repeated violations.
6. Contact Public Officials
Send letters to your city and county representatives, including:
- The mayor
- Your county supervisor
- City council members
- The police chief
- The sheriff
- The head of animal control
Be brief but firm. Explain:
- There is a vicious dog running loose
- It has already injured or killed another animal
- Neighbors fear for their safety
- Animal control hasn’t resolved the problem
- The city or county could be held responsible if someone is harmed
Send copies of your letter to everyone involved to ensure visibility.
7. Notify the Landlord (If the Dog Owners Are Tenants)
If the dog owners rent their home, send a certified letter to the landlord or property manager. Describe the dog’s actions, provide dates, and inform them they could be held liable if they don’t evict the tenants or properly secure the dog. Keep a copy of the letter for your records.
8. Seek Compensation Through Small Claims Court
If the dangerous dog has harmed your pet, you can seek compensation without hiring a lawyer. My book, When a Dog Is Injured or Killed, offers step-by-step guidance, including:
- Legal advice
- Case strategies
- Prewritten letters and forms
This guide can help you get justice for your pet and recover damages in or out of court.
9. Stay Persistent
Keep writing letters, attending meetings, and calling officials. Being consistent and persistent increases pressure on the authorities to act.
10. Document Everything
Keep detailed records of every action you take—letters, phone calls, videos, and conversations. This documentation strengthens your case and could serve as crucial evidence if the situation worsens.
By following these steps, you can help remove dangerous dogs from your neighborhood while holding irresponsible owners accountable.
You Have Valid Concerns: You are right to worry. Not only are your children at risk, but if they are seen as “residents” of your ex’s home, they can’t claim under the homeowner’s or renter’s insurance policy.
Steps to Take: You need to talk to your divorce lawyer. Together, you might think about changing the custody order. This could help.
Getting Expert Advice: Your divorce lawyer can also talk to an animal behavior expert or a lawyer who knows about dog bites. They can help show that the dog is dangerous and the other parent is violating the law.
Dog bite law is a combination of city laws, county laws, state statutes, and state cases. You have to research all four areas.
For city law, do one or more of the following:
- On the Internet, do a search for “Municipal code of [your city].” In the table of contents, find the chapter called “Animals” (it might be in “Health & Safety”).
- If you are involved in a court case, contact your city clerk and ask for a “certified copy” of the laws that you found.
For county law, follow the same instructions but search the “County code of [your county]” and contact the county clerk instead of the city clerk.
For state statutes and cases, read Mr. Phillips brief about your state law at Liability for Dog Attacks here on Dog Bite Law (dogbitelaw.com).
You can’t solve the dog bite problem alone. It’s a social issue requiring support from others to change laws and policies.
You should read the Model Dog Bite Laws by Attorney Kenneth M. Phillips. These laws have been adopted by a number of jurisdictions in the USA in whole or part. They are clear, fair, enforceable rules about dangerous dogs, irresponsible dog owners, and dog bites.
For guidance about changing laws, read Civics for Democracy by Katherine Isaac. It’s a fantastic resource for anyone aiming to change laws at any level of government.
Hook up with other people who share your goals by joining the Dog Bite Law Group on Facebook. You’ll find motivated individuals discussing ways to enact new, fair laws. Together, you can make a difference.
The time you have to start a dog bite case can range from a few months to a few years. It varies based on who was hurt, where it happened, and who is legally responsible. For more info, check out Beware of the Statute of Limitations.
The point of this time limit is to eventually let things go. Once time’s up, you can’t ask for money or sue, unless you’ve already settled or sued.
Each state has different laws and court rulings that can change how long you have. If you’ve been bitten, it’s smart to talk to a lawyer right away. The top dog bite lawyer in the US is Kenneth M. Phillips. You can get in touch with him by clicking Contact in the menu.
Many think going to court will bring justice, wanting everyone to see what happened. But in reality, the legal system simply gives money as compensation. It won’t undo the injury. It can’t take away the pain. Trial lawyers who are experienced and honest will tell you that your day in court will take years, be exhausting, and eat a big chunk of your accident money.
Why Settling Can Be Smarter:
Settling usually means getting compensated quicker and with less hassle. You avoid long trials and high costs. Lawyers, especially those like Kenneth M. Phillips, can explain how intricate proving your case would be. You have to show the extent of your injuries and losses, often involving multiple investigations by your lawyer and the insurance company.
The Downside of Going to Trial:
Trials are costly. Your doctor might charge a lot just to testify. If the trial were avoided, you wouldn’t have to pay for expert witnesses, legal fees wouldn’t skyrocket, and you wouldn’t face numerous other court costs. Settling early also means you avoid the possibility of having to pay the insurance company’s costs if the jury doesn’t award you more than what was offered.
Settling Means Getting Paid Sooner:
If there’s no trial, you get your settlement sooner. You avoid delays from trials, post-trial motions, and possible appeals that can take years.
The Personal Costs of a Trial:
Going to trial takes a toll. It would involve time off work for you and your witnesses, repeated medical exams, and preparing for court appearances. This can add stress, lose income, and increase anxiety over unresolved financial issues.
Why Settling Is Often Required:
Sometimes, laws push for settlement if the insurance offers a reasonable amount. Rejecting such an offer can mean paying the insurance company’s costs if the jury doesn’t award you more.
What’s Needed for a Settlement?
A settlement happens when the liability and extent of injuries are clear. Your lawyer must present strong evidence and a detailed demand for compensation to the insurance adjuster.
Signing Off on a Settlement:
You’ll need to sign a release, waiving further claims or court proceedings. This binds not just you but also your spouse and heirs. If your case went to court, you and your lawyer must sign to officially end it. All paperwork is technical and requires a lawyer’s help.
Special Considerations for Minors:
Minors can’t legally sign a release. Settlements involving children often need a judge’s approval and might be structured for future payments to protect the minor’s interests.
In summary, settling a dog bite case can be more straightforward, less costly, and quicker than pursuing a trial, especially with expert legal help from someone like Kenneth Phillips, who specializes in these cases.
