Dog Bite Injury Claims: Who Pays and How They Work

A dog bite can mean stitches, infections, scarring and time off work, and the costs add up fast. In most cases the dog's owner is responsible, and the claim is usually paid by the owner's homeowners or renters insurance rather than out of their pocket.

Who is responsible

States follow different rules:

• Strict liability. Many states make the owner responsible for a bite even if the dog had never bitten anyone before, as long as the victim was not trespassing or provoking the dog.
• The "one-bite" rule. Other states require showing the owner knew, or should have known, the dog was dangerous, for example because it had bitten or threatened someone before.
• Negligence. In any state, an owner can also be responsible for breaking a leash law or letting a dog roam.

Landlords, dog walkers and others who were caring for the dog can sometimes share responsibility.

What to do after a bite

1. Get medical care. Bites carry a real infection risk, and rabies questions need a doctor's answer.
2. Identify the dog and owner, and ask for proof of the dog's rabies vaccination.
3. Report the bite to animal control or the local health department; many places require it.
4. Photograph the wounds as they heal, and the place it happened.
5. Get witnesses' names and numbers.
6. Keep records of medical bills, missed work and anything that was damaged.

How these claims are paid

Most homeowners and renters policies include liability coverage that pays for dog bites, though some exclude certain breeds or dogs with a bite history. The insurer will investigate and may make an offer. Before accepting, see should I accept the insurance settlement offer.

Compensation can include medical bills, future treatment like scar revision, lost wages, and pain and suffering. Children are bitten most often, and claims involving children's facial injuries tend to need careful handling.

Deadlines

Every state has a time limit for injury claims. See personal injury statute of limitations.

Most injury lawyers handle dog bite cases on contingency. See how contingency fees work.

Find a personal injury lawyer near you.

This guide is general information, not legal advice. Dog bite laws vary by state.