Laws About Dog Bites

Variety of Remedies

• Victims of dog bites may have a remedy through a civil law suit, a criminal prosecution or an administrative law case, depending on the state. Money damages may be available to the victim through all three courses of action.
  
  

All States Provide Remedy

• All states hold the owner of a dog that bites someone liable for civil penalties. It is considered negligence to allow your dog to bite someone.
  
  

Strict Liability

• Most states have laws that allow for liability absent any knowledge, negligence or intent to cause injury on the part of the owner. This concept of allowing recovery in the absence of any negligence is referred to as strict liability.
  
  

Common Defenses

• Common defenses used in dog bite cases include that the victim was trespassing or provoked the dog. When a child is injured by a dog, a common defense is that the child's parents were negligent in failing to properly supervise the child. In some states, it is a valid defense that the dog did not have vicious tendencies and had never bit anyone before.
  
  

Insurance

• Most victims will be able to recover under the owner's personal liability insurance or homeowner's insurance. This insures compensation for victims of dog bites.
  
  

Exceptions to Liability

• Generally, there is no liability for a dog bite if it occurs during certain limited circumstances. The most common exceptions to liability are when the victim is a trespasser, the victim was a veterinarian or other professional treating the dog, the victim was committing a crime against the owner of the dog, the victim physically abused the dog, or the dog was assisting the police at the time of the incident.