A good dog bite case depends on three key elements:
- Legal liability
- Insurance coverage
- A significant injury
Legal Liability
The first question is whether the law makes someone legally responsible for the incident.
If the state has a strict liability dog bite statute, or a city or county ordinance that imposes strict liability, the answer is yes.
If not, the answer is still yes (in most states) if the victim can prove one of the following:
- The dog previously bit someone or acted aggressively, and the owner or custodian knew it.
- A third party like a landlord was negligent, and that negligence caused the attack.
- Someone violated an animal control law (like a leash law), and the violation caused the attack.
Insurance Coverage
The second issue is whether the person who is legally liable has insurance coverage that can pay the claim.
- Homeowners insurance typically covers dog bites if the dog owner owns the home.
- Renters insurance may apply if the owner rents the property.
- Mobile home or condo policies may provide similar coverage.
- Landlords, store owners, and businesses often have general liability insurance that covers dog attacks.
Insurance is essential to a dog bite case. There are two reasons:
- It ensures there is money available to pay compensation to the victim.
- It enables the victim to hire a lawyer on a contingency fee basis (no recovery, no fee).
Without insurance, a victim usually cannot hire a lawyer unless the injury is minor and the liable party is wealthy.
See: The Risks of Not Retaining an Attorney
If the victim is a child, see: For Parents of Dog Bite Victims
A Significant Injury
The third issue is whether the potential compensation is high enough to justify the time, effort, and legal expense of pursuing the claim.
The value of a claim depends on:
- The nature and seriousness of the injury
- Medical treatment and its impact
- Scarring or disfigurement
- Loss of income
- Permanent disability
- Emotional distress
- Future medical expenses (e.g., surgeries or counseling)
Only experienced dog bite attorneys and insurance adjusters can estimate how much a claim is worth. This is why consulting with a lawyer is essential, even if liability and insurance are already clear.
Other Important Factors
Dog bite cases can be complex. Here are some additional issues that can affect the case:
- The dog owner may raise legal defenses such as provocation or trespassing.
- The insurance company may argue that the policy does not cover the incident.
- The victim must have evidence that is strong enough to win at trial if necessary.
- Doctors, hospitals, or Medicaid may demand repayment from the settlement.
- The settlement might affect taxes or government benefits (especially for disabled victims).
- Minors usually need court approval of their settlement.
Bottom Line
To win a dog bite case, a victim needs help from an attorney who understands the legal, financial, and emotional aspects of these claims. Most dog bite lawyers offer a free consultation.
There is no downside to asking an expert for help.