Dog Bite Lawsuits FAQs Answered

Incidents involving dog bites or attacks are becoming more prevalent due to the increased number of dogs in the United States. Nearly 1,000 people are treated for dog bites each day and almost 5 million every year become a victim. Dog bite lawsuits cost the insurance industry over $345 million each year, and some homeowner’s policies now exclude certain breeds from their coverage.

Dog Bite Law—Frequently Asked Questions & Answers

What are my rights when attacked by a dog?

More than half the states have made dog owners liable if their dogs cause injury. In the 18 states that have the one-bite rule, an owner can still be held legally responsible if the owner knew the dog was likely to cause injury or was negligent in some respect, such as letting the dog run free in a public place.

Are some dog breeds more likely to attack?

Certain breeds of dogs are more aggressive and likely to attack. Pit Bull Terriers have been linked to more dog attack fatalities than any other breed. The Rottweiler is second, followed by German Shepherd, Husky, Alaskan Malamute, Doberman Pinscher, Chow Chow, Presa Canario, Boxer and Dalmatian. According to the American Humane Society, over 90% of fatal dog attacks involved unneutered male dogs.

When to file a lawsuit against a dog owner?

Anyone who is severely injured or killed by an attack should file a lawsuit. If the dog owner failed to keep their dog confined to the owner’s property or didn’t secure their dog while in a public place, they may be held legally liable. The victim can file a personal injury suit to recover damages.

What damages can I recover in a dog bite case?

In most dog bite lawsuits, the victim can obtain compensation for the following:

Medical treatment such as first aid, emergency room, hospital and ambulance expenses
Property damage, including personal property such as torn clothing or broken glasses
Psychological counseling to overcome the emotional trauma of the attack
Loss of earnings if the victim was unable to work due to the incident

Can I still pursue legal action if the dog owner is uninsured?

Homeowners, renters or landlord insurance covers most dog bite cases. If the owner of the dog does not have insurance or the policy is inadequate to cover your claim, the owner may be personally liable for your damages.

What will happen to the dog?

Most victims don’t want anything to happen to the dog when the attack is not serious. In some cases, the dog might be quarantined for a few days at the owner’s home. When the attack is severe or results in death, the local animal control authorities may declare the dog to be a potentially dangerous dog or a vicious dog. A potentially dangerous dog will have to be confined inside or in a fenced yard that is escape-proof and childproof. A vicious dog may have to be put down. If the dog is to remain alive, the court may impose strict conditions on the owner to protect the public.

Are there any defenses for dog owners if their dog bites someone?

A dog owner may not be held liable if any of the following occurred during the incident:

The victim was trespassing onto private property
The victim was a professional that works with animals, such as a veterinarian or kennel owner
The victim was committing a felony at the time
The victim provoked the dog and was over the age of 5 years old at the time
The dog was assisting the police or the military at the time

How a Lawyer Can Help

If you have suffered an injury due to a dog bite or animal attack, you should consult a personal injury attorney for advice. They can help you obtain compensation for your injuries and ensure that a lawsuit is filed before the statute of limitations runs out on your claim. Most suits have to be brought within a limited time frame.

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