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Dog bite law is a unique combination of city and county ordinances, state statutory law, state case law, and legal principles that result from specific lawsuits within the state, the common, legal principles resulting from specific lawsuits from throughout the United States, usually as reported in authoritative legal works.

All states hold a person responsible for their own negligence, intentional conduct, and reckless or outrageous behavior. Keeping a dog that previously bit a person or exhibited a tendency to someday bite a person is called "strict liability". In all state law strict liability states, the dog owner will be held liable upon the additional ground that he was the owner of the dog that inflicted the bite, and without regard to whether he was negligent or anything else. Some strict liability statutes include whoever had custody of the dog as well as its owner, non-bite injuries as well as bites, and provide for additional compensation if the dog previously bit a person. Many dog bite statutes combine concepts of negligence, common law strict liability, and violations of local law.

The usual exceptions to liability are that the victim provoked the dog, was a trespasser, was negligent, consciously assumed the risk of being bitten, or was a canine professional who was deemed to assume the risk. Those exceptions might be written into the statute or added by judicial decisions. The exceptions are different from state to state, and any particular exception might not apply in a specific case.

When the state does not have a strict liability statute If a state does not have a strict liability statute, that state is a "one-bite state." In "one-bite states," legal responsibility is determined by the following principles:

The first issue is whether the dog previously bit anyone. If so, then the dog owner / custodian is strictly responsible. If the answer is no, the second issue is whether the dog previously did something that should have put the owner / custodian on notice that the dog was inclined to bite somebody in the future.

If that answer is no, we consider whether the person having custody of the dog at the time of the incident had violated any law pertaining to public health or safety, which was intended to protect people like the victim. An example would be a leash law, but there could be regulations such as those that restrict dogs from being in day care centers are beauty parlors. The violation of such a law would be considered "negligence per se."

If we cannot find negligence per se, we consider whether the accident was caused by negligence. For example, a dog that is habitually mistreated, or sick, or suffering from a painful disease is more likely to bite a person, even if the dog has never done so before. Negligence is a ground for liability in a "one-bite" state.

If the dog owner or custodian is not responsible, then we consider whether anyone else might be liable as a result of their negligence. When the dog owner does not have insurance If the dog owner is unable to compensate the victim because of lack of insurance or resources, attorneys consider whether anyone else might be responsible because of their own negligence. An example would be a landlord who knows that a dangerous dog is living with a renter, but fails to do anything to control the dog or its owner.

Statutory strict liability states Most states impose state law strict liability for dog attacks, making the owner of a dog legally liable to a victim who was bitten by a dog. A dog does not get "one free bite" in a state law strict liability state, and it is unnecessary to prove that the owner or handler was negligent. In some states, the strict liability statute applies to non-bite injuries as well as bites, and to non-owners who have custody, control or a financial interest in the dog (i.e., a "keeper" or "harborer").

The dog bite statutes vary greatly from state to state. A few states have combined strict liability with other legal grounds and/or have put restrictions on their strict liability dog bite statutes. In Pennsylvania and Colorado, for example, the strict liability statute applies to a bite that causes severe injury but not one that causes little injury; further complicating things, the Colorado statute makes the dog owner strictly liable only for "economic losses," not pain, suffering and other non-pecuniary damages, which can be awarded only if the victim can meet the proof requirements of a "one-bite state." In the State of Maine, the strict liability statute applies only to dogs that have been adjudicated or declared to be dangerous. In New York, the strict liability statute covers only medical bills.

Even where the strict liability statute does not apply, almost all of the states hold any person liable for bite and non-bite injuries if he or she was negligent or maintained custody or control of the dog with knowledge that the dog had a dangerous propensity to bite or cause other harm. Furthermore, in most states, the violation of a leash law, prohibition against dogs running at large, or prohibition against dogs trespassing constitutes a form of negligence called "negligence per se." Therefore, if the accident happened in a "one bite state," you need to understand the principles of negligence and must always research the law of your city and county.

Furthermore, a victim in any state can recover for dog bite injuries resulting from intentional conduct or from outrageous or reckless behavior. For example, if a person who is walking a dog commands it to attack the victim, that person (who might or might not be the owner of the dog) would be liable for his intentional conduct.

The usual exceptions to liability in most states are these:

The victim was a veterinarian or canine professional who was treating the dog at the time of the incident

The victim was committing a felony or other crime against the owner of the dog The victim provoked the dog by physically abusing it

The victim assumed the risk (i.e., explicitly or implicitly consented) to being bitten

Dog Bite Injury Claims

Pet owners are legally responsible for the behavior of their dogs. In most dog-bite cases, the dog's owner will be required to pay for the scarring and disfigurement, pain and suffering, and all medical bills and lost wages associated with a dog attack. Most states have statutes making it difficult for dog owners to avoid liability for injuries caused by dog attacks. Sometimes the person taking care of the dog, often called the boarder, keeper or harborer, may also responsible. Unfortunately, a large number of dog bites cause serious injury to small children.

Scars can be a serious, life-long result of a dog bite. Children are particularly susceptible to bites around the head and face and often suffer disfiguring scarring. Scars are more than physical injuries, also causing emotional injuries and fear. Scars may require plastic surgery which often must wait until the scar matures, usually about a year. In the case of a child, plastic surgery may need to wait until the child is finished growing after puberty. Scarring has a very real impact on self image and can have significant psychological impact.

Register your Dog Bite Complaint

If you or a loved one has suffered from a dog bite, you may qualify for damages or remedies that may be awarded in a possible lawsuit. Please fill out the form below and we will have an experienced personal injury lawyer review your complaint.

By submitting this form, you are asking lawyers to contact you. You are under no obligation to accept their services and you are free to choose which lawyer you want to work with. Lawyers are usually paid out of the proceeds of the settlement or verdict rendered.

At www.bogbite.com, it is our goal to keep you informed about important legal cases and settlements. We continue to offer free legal evaluations because we are dedicated to helping you resolve your legal complaints.

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