Liability

The Basic Rule of Liability

In most states, dog owners are strictly liable when their dog attacks someone. (To read the law that applies to you, check out the section below this one, “The Dog Bite Laws of Every State”.) Keep in mind that there are exceptions. For example:

✔️ If the victim provoked the dog
✔️ If the victim was trespassing on the owner’s property
✔️ If the owner was not negligent and had no reason to know the dog was dangerous (in some states)

The worst exception is the “One Bite Rule” that’s followed in many states:

✔️ Those states limit liability unless the dog had a history of aggression
✔️ Criminal charges may apply if the owner knew the dog was dangerous.

Fortunately, the trend is to hold dog owners responsible for harm caused by their dogs. Read “Big Win for Dog Bite Victims in New York is Part of a Trend.” A blockbuster decision in the case of Flanders v. Goodfellow is the latest evidence of this trend. Attorney Phillips explains Flanders v. Goodfellow in a blog post and a new video. Additionally, lawmakers in at least one state (New York) are considering whether dog-on-dog attacks warrant criminal charges, which might be called “Penny’s Law.” Elizabeth Vargas interviewed Attorney Phillips about this on NewsNation.

📞 Need legal help? Contact Attorney Phillips for expert representation. Or read the laws of your state, below.

The Dog Bite Laws of Every State – Here They Are!

Dog bite law is a unique blend of legal sources that vary from place to place. In each jurisdiction, the applicable law may include:

🔹City and county ordinances

🔹State statutes

🔹State case law (legal rules developed through prior court decisions within that state)

🔹Common law (principles recognized across the United States, often summarized in authoritative works like the Restatement of Torts)

To determine the law in any specific state, one must analyze its civil, criminal, and administrative rules:

🔹Civil laws establish the right of the victim to receive compensation

🔹Criminal laws impose penalties on the dog’s owner

🔹Administrative laws address what can be done about the dog itself (such as confinement or euthanasia)

Attorney Kenneth M. Phillips has conducted this analysis for every U.S. state. Below are his legal briefs summarizing the dog bite laws of each state:

The 9 Factors that Shape Your Rights as a Dog Bite Victim

1. Did the Dog Tend to Bite People Before?

Did the dog have a history of biting without a legal reason?

• Did the owner know this? If yes, the owner is liable in all states. (See The One Bite Rule.)
• Did the person controlling the dog at the time know this? If yes, that person is also liable in all states. (See The One Bite Rule.)
• Did the property owner or controller know? If yes, that person is liable in most states. (See Landlord Liability for Dog Bites.)

2. Was There a Dog Bite Statute?

Did the bite happen in a state with a dog bite statute?

• If yes, the dog owner is liable unless the victim was provoking the dog or trespassing.
• Some states have statutes that also apply to a “harborer” (someone who gives the dog food, water, and shelter) or a “keeper” (someone with temporary control of the dog) which makes them also liable. (See Statutory Strict Liability States.)

3. Was There a Law Violation?

Did the person in charge of the dog break a rule, like a leash law?

• If yes, they are liable if breaking the rule caused the accident. (See Negligence Per Se for Violating a Leash Law.)
• Liability is nearly automatic in some states, but in others the violation is proof of negligence which leads to liability.

4. Was There Negligence?

Did the person in charge act carelessly and cause the accident?

• If yes, they are liable. Negligence means failing to act reasonably. (See Negligence.)
• Government employees can be held negligent but government agencies usually are exempted.
• Unpaid volunteers of nonprofit organizations usually cannot be sued for negligence, but the organizations can.

5. Do You Have Evidence?

Do you have good witnesses, clear photos, and other strong proof?

• If yes, you can prove your case in court. (See Proving Your Case.)
• You have to act quickly to preserve evidence and get statements from witnesses.
• Cooperating with animal control helps a victim because they will provide a copy of their investigation report.

6. Can You Beat Defenses?

If you are accused, can you beat these defenses?

• Trespassing
• Provoking the dog
• Ignoring warnings
• Acting carelessly

If yes, you win. Learn about Defending a Case.

7. Can You Follow Rules?

There are many legal steps. You must:

• Notify the government right away if it or its employees caused the accident.
• Start the lawsuit or get a signed settlement agreement before the deadline set by the “statute of limitations.”

Follow the rules to avoid losing your case. See Beware of the Statute of Limitations.

8. Substantial Injuries? Talk to a Lawyer

If you have serious injuries, consult Attorney Kenneth M. Phillips, the author of Dog Bite Law. He has won more than 800 dog bite cases. (See His Greatest Cases.)

9. Money You Can Receive

• Economic Damages
  Medical costs, including future treatments or surgeries. Lost wages and reduced earning ability. Expenses like torn clothes, moving, or counseling caused by the attack.
• Non-Economic Damages
  Pain and mental suffering. Scars and loss of quality of life. Anxiety, humiliation, and other emotional harm.
• Punitive Damages
  Penalties for owners who knew their dog was dangerous but kept it. For example, Wisconsin law allows double damages if the dog injured someone before.

What Is Your Case Worth?

The amount a victim can get depends on:

• The victim’s age, gender, and relationship to the defendant.
• The injury, scars, or disability.
• The laws in the victim’s state.
• The attitudes of potential jurors.
• The strength of the victim’s evidence.
• The reputation of the victim’s lawyer.
• The insurance or assets the defendant has.

All of these elements (and many more) figure into the evaluation of a dog bite case. Several of them play out for months, such as the degree of scarring and the strength of the victim’s witnesses and other evidence. This means the monetary value of a case does not become clear until late in the process.

There’s a video by Attorney Kenneth M. Phillips about this, called HOW MUCH Will I GET? | The Truth About Early Guesses and the Real Value of a Dog Bite Case. It’s part of his series, DOG BITE LAW IN 2 MINUTES, which you can watch by clicking the link.

How Long a Dog Bite Case Will Take If the Liable Party Has Insurance

If there’s insurance, reimbursement is available right away under the medical payments section of the liable party’s insurance policy. The usual limit is $1,000, but some policies provide more.

Full compensation is possible two or three months after the victim fully heals. The doctor must write a final medical report. A settlement is final, so waiting for full healing is necessary.

Having a lawyer does not delay the process. An experienced attorney knows what evidence is most convincing and how to get it quickly.

Sometimes, the other side refuses to settle or offers an unfairly low amount. When that happens, the victim must sue. Lawsuits against insured defendants usually settle after a while. It can take a few months to a year or two, depending on the attorney’s skills and courthouse workload.

To find out more:

There’s a video by Attorney Kenneth M. Phillips about this, called HOW LONG will it TAKE? | What Makes a Dog Bite Case Timeline Short or Long. It’s part of his series, DOG BITE LAW IN 2 MINUTES, which you can watch by clicking the link.

How Long a Dog Bite Case Will Take If the Liable Party Does Not Have Insurance

The time to be compensated depends on the method used to make the uninsured defendant pay.

Settlement: Some defendants agree to settle to avoid the costs and risks of a lawsuit. The paragraph above, starting with “Full compensation is possible,” applies to this type of settlement. The defendant will require the victim to sign a proper Release to prevent future lawsuits.

Restitution: A victim can receive reimbursement for medical costs, property damage, and lost income through criminal restitution. The defendant must be convicted of a related crime. The sentence must include restitution to the victim. A criminal case usually takes less than a year, but the defendant’s monthly payments are often very low.

Lawsuit: A victim can receive full or partial compensation through a lawsuit. Depending on the injuries, the lawsuit can be filed in small claims court or “regular” court. An attorney is usually not required in small claims court, but the recovery amount is limited to the court’s jurisdiction — $1,000 in some states, up to $25,000 in others. Parents often cannot sue on behalf of their children in small claims court but can do so through a lawyer in “regular” court. A case in this type of court usually takes several months. The victim receives only a “judgment” from the court. If the defendant does not pay the judgment, the victim must contact the sheriff to garnish wages, take money from the bank account, and seize property, which takes extra time.

If the injuries are moderate to serious, or the victim is a child, the lawsuit should be filed in “regular” court. This requires retaining a lawyer and paying legal costs and attorney fees every month. “Contingency fee” arrangements are rare when defendants have no insurance. A case in “regular” court takes from one year to several years.

The 7 Things to Do After a Dog Bite Victim Gets Bitten

1. Obtain the names and addresses of witnesses, the dog owner, and the people who had custody of the dog when it bit you.
2. Demand that the dog owner give you copies of his dog’s rabies vaccination records and his homeowners or renters insurance policy booklet and declarations page.
3. Take photographs of the wounds and the area where the bite happened, including any “beware of dog” signs or the lack of signs.
4. See a doctor to document your dog bite incident and obtain treatment. At the hospital, insist on a plastic surgeon for wounds on the face.
5. Go to the animal control agency in your jurisdiction and make a report. Cooperate fully with the investigating officers. The report made at the hospital usually will not trigger a full investigation by the authorities.
6. Retain an experienced lawyer like Attorney Kenneth M. Phillips unless the injuries are insignificant.
7. If the dog owner’s insurance company calls you, get the following information: Name of insurance company, address of the adjuster’s office, telephone number, claim number, name of the insured, and monetary limits of the “liability coverage” and “medical expense coverage.”

The 8 Things to NOT Do After a Dog Bite Victim Gets Bitten

1. Do not discuss money, payment, settlement, injury value, or anything else involving money.
2. Do not accept any money.
3. Do not set up an appointment.
4. Do not write a letter or a memo.
5. Do not mention the breed of the dog.
6. Do not permit yourself to be tape-recorded.
7. Do not allow the victim to be photographed.
8. Do not discuss who is responsible for what happened.

The 9 Dog Bite Injuries Injuries that Always Require the Help of an Experienced Lawyer

You need a lawyer if the injuries are significant. Attorneys like Kenneth M. Phillips charge nothing unless they win your case. Attorney Phillips handles only dog attack cases and has been doing so since 1991. He represents families of people killed by dogs and victims with significant and moderate injuries across the USA. Mr. Phillips charges nothing until money comes in. Contact him or another attorney while the facts are fresh. Significant injuries include:

1. Bite to the face.
2. Bite to the genital area.
3. Bite requiring stitches.
4. Bite causing a broken bone.
5. Bite that did not break the skin but pulled the victim to the ground, causing a broken bone or significant soft tissue injury.
6. Bite that did not break the skin but forced the victim to take defensive actions, resulting in a broken bone or significant soft tissue injury.
7. Bite that became infected and required an overnight hospital stay.
8. Injuries causing unconsciousness or brain trauma.
9. Injuries requiring an overnight hospital stay or causing death.

The 2 Dog Bite Injuries that Seem Minor but Require a Free Consultation Because They Might Be Significant

These two kinds of injuries usually appear minor at first but often turn out to be significant. Discuss them with an experienced lawyer as soon as possible:

1. Bite that did not break the skin but caused a permanent bruise.
2. Bite or scratch that caused a visible, significant scar (other than to the face, as any bite to the face produces a significant injury).

The One Letter to Read if the Dog Bite Victim is a Child

• Fathers, read A Dad’s Story About His Son’s Dog Attack – it’s an open letter about the entire experience from start to finish.
• Mothers, read A Mom’s Open Letter About Her Daughter’s Dog Bite Case – from a mom whose relatives said “do nothing!” until she asked herself, “who’s thinking of my daughter?”

The 15 Reasons Why Every Dog Bite Victim Needs a Lawyer

⚠️ Insurance companies try not to pay anything.

Every year, 4.7 million Americans are bitten by dogs. But insurance companies pay only 15,000 to 17,000 of those claims. That means without a lawyer, you have less than a 1% chance of getting justice.

⚠️ Victims without lawyers are treated unfairly.

Insurance adjusters offer unrepresented victims only 10% to 20% of what they would offer a lawyer. They keep the other 80% to 90% for the company.

With a lawyer, a victim gets 60% or more—even after legal fees—to pay for medical expenses and to keep, tax-free, because your attorney knows how to demand full value for your claim.

⚠️ Dog bite law is complicated.

It’s based on:

• State statutes
• County and city ordinances
• Municipal codes
• Past court decisions (case law)

The defenses to dog bite cases include negligence, negligence per se, comparative negligence, provocation, trespass, assumption of the risk, and more. Only experienced attorneys know how to protect a dog bite victim from injustice.

⚠️ Lawyers know what your case is worth. You don’t.

The value of your case is based on thousands of past settlements. There’s no book or website that will tell you what your case is worth. But experienced attorneys use real data from the last 10 years to get you what you deserve.

⚠️ Lawyers don’t charge up front.

There is no fee unless your lawyer wins your case. The first consultation is free. If you don’t have a good case, you won’t be billed.

⚠️ Hiring a lawyer doesn’t hurt the dog owner.

Homeowners and renters insurance pays the settlement. There’s no deductible or co-pay. The dog owner won’t pay a dime out of pocket, won’t lose their home, and won’t have their wages garnished.

⚠️ Your lawyer won’t confront or harass the dog owner.

Good lawyers don’t write threatening letters or embarrass people. They don’t get dogs euthanized, file unnecessary lawsuits, or make the dog owner feel guilty. They focus on getting you what you deserve, quietly and professionally.

⚠️ You don’t have to go to court just because you hired a lawyer.

Most dog bite cases are settled without filing a lawsuit. A skilled attorney knows how to present your case so the insurance company settles without court.

⚠️ Your lawyer pays the cost of getting the evidence.

A serious case requires:

• Medical records and summaries
• Professional photographs
• Private investigation
• Expert reports

This can cost $1,000 to $2,000, even in the most straightforward cases. Your attorney pays those expenses up front so you don’t have to.

⚠️ Your lawyer helps you keep your money.

Private health insurance companies and government programs like Medicare that pay for medical treatment always want to be reimbursed from your settlement. Your lawyer will negotiate with them to save you thousands of dollars.

⚠️ Getting a lawyer early improves your case.

When a lawyer is involved from the start, the insurance company takes the claim more seriously and often offers more. If you try to handle it yourself, you risk saying the wrong thing, giving the wrong information, and missing critical evidence.

⚠️ A lawyer won’t delay your case.

Dog bite cases cannot settle until you’ve healed or your injuries are considered permanent. That’s true with or without a lawyer. Having legal help won’t slow things down—it makes sure the process is done right.

⚠️ If the victim is a child, the money must be protected.

By law, a child’s settlement has to be placed in a special account or annuity. If done right, it can grow tax-free and be protected from creditors. Only a lawyer can make sure it’s handled properly.

⚠️ Every child’s settlement must be reviewed by a judge.

This court hearing is required, even if no lawsuit was filed. You need a lawyer to answer the judge’s questions and protect your child’s rights.

⚠️ A lawyer may be able to get compensation for the parents too.

In many cases, a parent has a legal right to compensation for emotional distress, medical expenses, or missed work. A lawyer will assert those rights for you.

Videos

You can learn the basics about dog bite law by watching Dog Bite Law in 2 Minutes.