Dog bites are far more common than most people realize. According to the Centers for Disease Control and Prevention (CDC), approximately 4.5 million people are bitten by dogs each year in the United States, and nearly one in five of those dog bites requires medical attention.
Not only do people suffer physical injuries from dog bites, but the whole situation can also trigger emotional trauma and financial burdens. What many people don’t realize is that they also raise important legal issues. If you or a loved one has been bitten by a dog, it is essential to understand your rights and what legal remedies may be available to you.
Strict Liability vs. Negligence
In many states, dog bite cases fall under strict liability laws, which hold a dog owner responsible for injuries regardless of whether the animal has shown aggression in the past. Under strict liability, the victim does not need to prove that the owner was negligent. The person who was bitten only needs to prove that the bite occurred and caused them harm.
In other jurisdictions, however, the so-called “one-bite rule” applies. This legal standard means that a dog owner may only be held liable if they knew, or should have known, that their dog was dangerous. In other words, if the dog had previously bitten someone or shown aggressive behavior, the owner is expected to take precautions. If they fail to do so, they can be found negligent and responsible for resulting injuries.
What Victims Can Claim
Victims of dog bites may be entitled to a range of compensation, including:
• Medical expenses: These can include emergency room visits, stitches, surgery, and follow-up care.
• Lost wages: A person can get reimbursed for lost wages if the injury from a dog bite prevents them from working.
• Pain and suffering: This covers both physical pain and emotional distress, including anxiety or fear around dogs.
• Scarring or disfigurement: Unfortunately, many times a dog bite will leave a scar or worse, which can significantly impact the quality of life for the victim.
• Property damage: Some states also allow compensation for property damage claims, such as torn clothing or broken personal items during an attack.
According to the Insurance Information Institute, the average cost per dog bite claim in 2023 was over $58,000. This figure includes not only medical expenses but also legal settlements and jury awards in court cases.
The Defenses Dog Owners May Use
Dog owners do have legal defenses in some cases. Common defenses include:
• Trespassing: If the victim was unlawfully on private property when bitten, the owner may not be held liable.
• Provocation: If the victim teased, harassed, or physically provoked the dog, liability may be reduced or eliminated.
• Law enforcement or service animals: Special rules often protect police and military dogs acting in the line of duty.
These defenses vary by jurisdiction, so outcomes depend heavily on local statutes and court precedent.
What To Do After a Dog Bite
If you or someone you know is bitten, taking immediate steps is very important when it comes to the legal side of things as well as medically.
• Seek medical treatment right away, even for minor bites, as infection is a common issue from dog bites.
• Report the bite to local authorities, such as animal control or the health department. This creates an official record.
• Document the incident with photos of injuries, the scene, and contact information for witnesses.
• Identify the dog and owner to confirm vaccination records, especially for rabies.
• Consult an attorney specializing in personal injury law to understand your legal options.
Insurance and Settlements
Dog bites can change lives physically, emotionally, and financially in the blink of an eye. It is important to know your legal rights so that you can receive the proper medical treatment, hold dog owners accountable, and get the compensation you deserve.
While laws vary by state, one thing is clear and that is the fact that dog owners have a duty to control their animals, and when they fail, victims can take legal action.