Dog attacks are unpredictable and can happen to anyone, even with the sweetest pets. No one expects their loyal companion to cause harm, but if your dog has bitten someone on your property, it’s essential to understand your rights and responsibilities. Whether the person bitten was a trespasser or your dog has a history of biting, the outcome depends largely on the laws in your state.
At Morgan & Morgan, we’ve been handling dog bite cases for decades and are here to guide you through the next steps. If you need help, reach out for a free consultation.
Understanding State Dog Bite Laws
Dog bite laws differ depending on where you live. Some states operate under strict liability, meaning the owner is responsible for the first bite, regardless of the dog’s history. Other states use the “one bite” rule, where liability depends on whether the owner knew the dog was prone to biting.
The “One Bite” Rule
Under this rule, owners may not be held responsible the first time their dog bites someone unless they were aware the dog had a tendency to bite. After the first bite, however, owners are considered on notice that their dog could be dangerous. If a second bite occurs, the owner can be held liable.
To hold an owner liable under the one-bite rule, the following must be proven:
- The dog had a known tendency to act aggressively.
- The owner knew or should have known of this behavior.
- The bite caused harm to another person.
Defending Against Claims of Knowledge
As a dog owner, your defense will often focus on proving you had no reason to believe your dog was dangerous. For example, you can show that:
- Your dog had never bitten anyone before.
- Your dog wasn’t trained as an attack dog.
- Your dog isn’t of a breed commonly considered dangerous.
Witnesses, such as friends or neighbors, can also testify to your dog’s good behavior in the past.
Strict Liability States
In states with strict liability laws, you’re responsible the first time your dog bites someone, no matter the dog’s history or temperament. Even if you took every precaution, you can still be held liable for the bite.
However, there are exceptions, such as:
- The person bitten was trespassing.
- The person provoked the dog.
- The dog was performing duties as a police or military animal.
What Happens to Your Dog After a Bite?
One common concern for dog owners is what will happen to their dog after an attack. Will your dog be taken away? Could it be euthanized? These outcomes depend on your state’s laws. In some cases, your dog may be quarantined or removed from your care. In others, you may simply need to post a "Beware of Dog" sign or move to a different area to keep your pet. Speaking with an attorney can help clarify the potential consequences in your location.
What Damages Could You Be Responsible For?
If the person bitten files a personal injury claim against you, you could be required to compensate them for various damages, including:
- Medical Expenses: Covering treatment costs for the injury.
- Plastic Surgery: If the bite causes disfigurement, you may be responsible for reconstructive procedures.
- Pain and Suffering: Both physical and emotional trauma can result in additional damages.
- Lost Wages: If the victim misses work due to the injury, you may be liable for their lost income.
- Future Lost Wages: If the injury affects the victim's ability to work long-term, you could owe future compensation.
What Should You Do After a Dog Bite Incident?
After your dog bites someone, the first step is to ensure your dog’s vaccines, especially for rabies, are up to date. If not, you’ll need to inform the person bitten, as quarantine procedures may be required for both the victim and your dog.
If someone claims your dog bit them and you disagree, gather evidence to support your case, such as video footage or witnesses who can testify that the bite didn’t happen. Similarly, if the bite occurred because the person was trespassing or provoking your dog, witnesses or footage will be essential in your defense.
Statute of Limitations
Every state has a time limit, known as the statute of limitations, within which a dog bite case must be filed. If the victim doesn’t file within this window, you cannot be held liable for their injuries.
Can a Trespasser File a Lawsuit for a Dog Bite?
In some states, even trespassers can file a lawsuit if they are bitten. This applies even to thieves or burglars. However, they would need to prove negligence on your part as the owner, which can be challenging depending on the circumstances.
What If the Victim Was Partially at Fault?
In some cases, even if the person bitten was partially responsible for the incident, they may still recover compensation. This is true in both strict liability states and those operating under the one-bite rule. However, the amount of compensation could be reduced based on the victim's share of fault.
Contact Morgan & Morgan for Help
If your dog has bitten someone on your property, you may be worried about what happens next. At Morgan & Morgan, we’ve been helping dog bite victims and dog owners for decades, ensuring cases are handled with care and expertise. We understand that your pet’s safety is important to you, and we’ll fight to protect your interests.
Contact us today for a free case evaluation and learn how we can help you navigate this challenging situation.