Liability for Dog Bites
A dog bite incident is a traumatic experience for the victim and a stressful situation for the owner. Dogs bite for a number of reasons, including fear, pain, territorial behavior or even rough play. Dogs in packs, intact males and dogs that have escaped from a chain or enclosure are among the most likely to bite someone. Laws regarding dog bite liability vary by city, county and state.
Who Is Responsible?
In the United States, 16 states have a "one bite rule." This means that the owner is not liable for a dog bite if the dog has never previously bitten anyone, except under extenuating circumstances such as negligence. Other parties who could potentially be liable in dog bite cases: parents or caregivers who leave a child unattended in cases where a child has ventured onto someone else's property and receives a dog bite, landlords who knowingly allowed a vicious animal to roam their property without taking action against the dog owner and negligent pet sitters or dog walkers.
Dog Bite Laws
In addition to the "one bite rule" in some states, other localities may have "dangerous dog" laws, "irresponsible owner" laws, strict liability laws or some combination of the above. To find out what laws apply in your locality, contact your city or county clerk and request municipal or county laws regarding dog bites. You can search your state government's website for statutes or visit the FindLaw website, select your state and enter the search term "dog" to find your state's dog bite laws.
Liability Insurance
Even a friendly dog with a responsible owner may bite someone. It is important for dog owners to have at least some liability insurance for protection. Most homeowner and renter's insurance policies cover some degree of personal liability. In the event of a lawsuit, the insurance company will pay out the amount of protection you purchased. Make sure your policy offers at least $100,000 in liability protection, includes dog-inflicted injuries and does not exclude your dog breed. A few insurance companies offer specific coverage for dog-related incidents.
Breed-Specific Legislation
Under breed-specific legislation, some communities can legally ban residents from owning certain breeds of dogs considered high-risk for bites or attacks. These same breeds are often excluded from coverage under liability insurance policies. Targeted breeds often include pit bulls, Rottweilers, Saint Bernards, Doberman pinschers, Presa Canarios and German Shepherds and may include other breeds. Familiarize yourself with local regulations and the fine print of your insurance policy.
Recourse for Victims
If you are the victim of a dog bite incident or attack, try to obtain information to identify the dog's owner. If the owner is not present, call animal control. Once the dog is in their custody, officers can check for identification. Seek medical attention as soon as possible and photograph your injuries and other evidence. Identify possible witnesses to the incident. Hire a personal injury attorney, preferably one specializing in dog bite law. You may be eligible for compensation for medical bills, emotional trauma and other factors.
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