TL;DR: Understanding dog bite levels helps victims build strong legal claims—even for non-severe bites. Texas liability laws are complex, so a skilled attorney is essential to secure compensation.
You’ll learn how:
- Dog bite levels (1–6) affect case strength
- Owner liability isn’t guaranteed
- Trespassing or provocation may reduce claims
- Experienced attorneys improve outcomes
If you were the victim of a dog attack, odds are good that you can recover considerable compensation to pay for your recovery. Still, some victims resist filing a claim because they fear their injuries aren’t severe enough. They may fail to consider pain and suffering or emotional damages.
One key to success is understanding dog bite levels and how to use them to prove your case adequately.
The truth is, an injury of nearly any size may entitle you to compensation, even if the dog did not break the skin. That’s why understanding dog bite levels can help legal teams prove a dog bite case.
On the other hand, there are some cases in which owners won’t be held liable, even for significant wounds. An experienced dog bite attorney can help you understand the differences and navigate the process.
In this guide, we’ll discuss when a dog’s owner is and is not liable for a dog bite or attack. Plus, we’ll break down the different dog bite levels and what they mean. Continue reading to understand whether or not you should file a claim following a dog attack.
Dog Bite Levels Explained
The dog bite scale is commonly known as the Dunbar Dog Bite Scale. It categorizes dog bites into six levels based on severity. Having a numbered scale helps professionals assess risk and liability appropriately.
This scale can be helpful when describing the victim’s prognosis. However, this scale should not be used to diagnose any injuries or as part of an injury treatment plan.
We’ll explain the differences between each of the dog bite levels below.
Level 1 Dog Bites
Level 1 dog bites are considered pre-bites. This level refers to aggressive dog behavior, such as snapping at the air. Level one dog bites may not include any contact between the dog’s teeth and a person’s skin.
Level 2 Dog Bites
Level 2 dog bites are near-bites. This is when teeth make contact with the skin, but there isn’t a puncture wound. Injuries include skin knocks up to 1/10 of an inch deep.
Level 3 Dog Bites
Level 3 dog bites include one to four puncture holes. None of these puncture holes is further than half of the dog’s canine tooth length.
Level 4 Dog Bite
Level 4 dog bites describe a series of dog bites. At least one of the puncture holes must go deeper into the victim’s skin than half the length of the dog’s canine tooth. There is usually bruising with these bites as the dog latches on and clamps down. A laceration may go in either direction as the dog shakes its head.
Level 5 Dog Bite
Level 5 dog bites involve a series of dog bites, either in a single incident or in multiple attacks. This might be a minimum of two bites that meet level 4 criteria. As with level 4 dog bites, the settlement amount depends on each situation’s unique circumstances.
Level 6 Dog Bite
Level 6 dog bites are fatal to the victim.
An experienced dog bite attorney in Houston knows how to use this scale to support your case. At O’Hara Law Firm, we’ve handled everything from minor bites to life-altering maulings and death. We know what each level means and how to make it matter in court or settlement discussions.
Is the Dog’s Owner Always Liable for a Dog Bite?
It’s easy to assume that the worse the bite, the more likely a person is to receive compensation. The truth is more complicated.
In some cases, the dog’s owner will not be considered liable, even if an injury is severe. In such cases, the circumstances surrounding the attack take precedence over the damage done.
These situations typically occur due to the actions of the victim prior to an attack or the dog’s bite history and location of attack.
Below, we’ll discuss two main reasons why a dog’s owner would not be liable for injuries sustained during an attack because of the victim’s behavior.
Trespassing
When someone trespasses, they have no legal right to be on a property. In such cases, the owner may successfully argue that the trespasser is responsible for any resulting harm. As a result, victims who have trespassed may be unable to recover any damages.
For example, imagine the trespasser entered the dog’s enclosed area. The owner can argue that they didn’t have a responsibility to protect the trespasser in this scenario.
However, an exception may be made if the person asked for permission to enter and was granted access. This includes guests in someone’s house or customers inside a business.
Provocation
If the dog that bit or attacked someone was provoked, then the owner can argue that the attack was the dog defending itself. However, this defense usually doesn’t work if the dog attacked a child. It’s generally understood that small children do not know any better and cannot be held accountable.
It’s also possible for the defendant to state that the victim provoked the dog in one way or another. If they’re able to argue this successfully, they may be able to reduce the damages or win the case completely.
Common Dog Attack Claim Defenses
You may find that a dog owner argues your claim by stating the following:
- There was no proper knowledge of the dog being dangerous
- You were trespassing when the dog attacked or bit you
- You provoked the dog, making you partially responsible for your injuries
You need to prove that the owner was aware of the dog’s dangerous tendencies in most instances. That is why you need a skilled attorney for your claim.
Successful Dog Bite Claims Begin with Experienced Attorneys
The dog bite scale is just one tool legal systems use to determine whether a victim is entitled to compensation. An experienced dog bite attorney will help you build the strongest possible case.
The expert team at O’Hara Law Firm has successfully recovered six-figure settlements and even seven-figure settlements for dog bite victims. Our expertise is so complete that other law firms send us their dog bite cases. Why? They know we have the knowledge and experience required to help you recover what you deserve.
Even if you’re unsure whether or not to file a claim, we encourage you to reach out and discuss your situation. Because we work on a contingency basis, you’ll only pay us if we win. You can expect an unmatched level of honesty and transparency when working with our team.
If you’re ready to move forward, reach out for a free consultation today.