Dog bites can cause serious injuries, from puncture wounds and scarring to infections and emotional trauma. If someone else’s dog attacked you, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. Understanding your state’s dog bite laws is essential to knowing whether you have a case.
This article is for informational purposes only and does not constitute legal advice. Laws vary significantly by state.
Quick Answer
In most cases, yes—you can sue a dog owner if their dog bites you. However, the legal standard varies by state. Some states have strict liability laws (the owner is automatically liable), while others require you to prove the owner was negligent or knew the dog was dangerous. Your ability to recover may also depend on whether you were lawfully on the property and whether you provoked the dog.
Two Types of Dog Bite Laws
Strict Liability States
In strict liability states, the dog owner is responsible for bite injuries regardless of whether they knew the dog was dangerous or took precautions. You only need to prove:
- The defendant owned (or harbored) the dog
- The dog bit you
- You were in a place you had a legal right to be
- You didn’t provoke the dog
Strict liability states include: California, Florida, Illinois, New Jersey, Ohio, Michigan, and many others.
One-Bite Rule States
In these states, owners may not be liable for the first bite if they had no reason to know their dog was dangerous. To recover, you typically must prove:
- The owner knew or should have known the dog had dangerous tendencies
- The owner failed to take reasonable precautions
- That failure caused your injuries
Evidence of “dangerous tendencies” includes prior bites, aggressive behavior, or the dog’s breed/training.
What You Can Recover
Medical Expenses
- Emergency room treatment
- Surgery and hospitalization
- Medications and antibiotics
- Rabies shots
- Plastic surgery for scarring
- Physical therapy
- Future medical costs
Lost Income
- Wages lost during recovery
- Reduced earning capacity if permanently injured
Pain and Suffering
- Physical pain
- Emotional trauma and anxiety
- Fear of dogs (cynophobia)
- Disfigurement and scarring
- Loss of enjoyment of life
Defenses Dog Owners May Raise
Provocation
If you provoked the dog (hitting, teasing, threatening), the owner may not be liable or your damages may be reduced.
Trespassing
If you were unlawfully on the owner’s property, some states limit or eliminate the owner’s liability.
Assumption of Risk
If you knowingly interacted with a dog you knew was dangerous, the owner may argue you assumed the risk.
Comparative Negligence
Your compensation may be reduced if your actions contributed to the bite.
Steps to Take After a Dog Bite
1. Seek Medical Attention
Get treatment immediately. Dog bites can cause serious infections, including rabies. Medical records also document your injuries.
2. Identify the Dog and Owner
Get the owner’s name, address, and contact information. Ask about the dog’s vaccination history.
3. Report the Bite
Report to animal control or local police. This creates an official record and may reveal prior incidents with the same dog.
4. Document Everything
- Photograph your injuries immediately and as they heal
- Take photos of the location where the attack occurred
- Get witness contact information
- Keep all medical records and bills
5. Consult an Attorney
A personal injury attorney can evaluate your case and handle negotiations with the dog owner’s insurance company.
Insurance Coverage
Most dog bite claims are paid by the owner’s homeowner’s or renter’s insurance. These policies typically cover:
- Medical expenses
- Lost wages
- Pain and suffering
- Legal defense costs
However, some policies exclude certain breeds or dogs with bite history. If the owner has no insurance, you may need to sue them personally.
Frequently Asked Questions
What if the dog has never bitten anyone before?
In strict liability states, prior bites don’t matter—the owner is liable regardless. In one-bite states, you may still recover if you can show the owner knew of other aggressive behavior.
Can I sue if a dog bites my child?
Yes. Children are common dog bite victims. Courts may be more sympathetic, and the “provocation” defense is harder for owners to prove against young children.
What if the dog owner is a friend or family member?
You can still file a claim. Their homeowner’s insurance typically pays, so you’re not taking money from them personally.
How long do I have to file a lawsuit?
Statutes of limitations vary by state, typically 2-3 years for personal injury claims. Don’t delay—evidence can disappear.
When to Contact a Lawyer
Consider consulting a personal injury attorney if:
- You suffered serious injuries requiring medical treatment
- You have significant scarring or disfigurement
- You missed work due to your injuries
- The dog owner denies responsibility
- The insurance company offers a low settlement
- You’re unsure about your state’s dog bite laws
Last updated: January 2025
This article provides general information about dog bite lawsuits in the United States. Laws vary by state and individual circumstances. Consult with a qualified attorney in your state for advice specific to your situation.
