TL;DR: Dog bite liability laws vary widely by state and circumstance. Understanding who’s at fault and what you can recover requires knowing how the law applies in your case. O’Hara Law Firm breaks it down and offers clear guidance for victims seeking justice.
- Liability laws vary: strict liability, one-bite rule, negligence, or mixed
- Texas follows the one-bite rule
- You may still recover damages even if the owner is a friend or business
- Statutes of limitations apply—two years in Texas
- Recoverable damages include medical costs, lost wages, and emotional distress
- Settlements range widely; the median is under $70,000
- A skilled attorney improves your chances of a favorable outcome
Who is at fault for a dog bite or attack? You might assume it’s the dog’s owner. However, the reality of dog bite liability is more complex. For the dog owner to be liable, negligence factors must be considered and analyzed.
In some cases, this process is simple. For example, if a dog has a previous history of aggressive behavior, the owner is almost always liable.
In other cases, determining liability is less cut and dry. You may need to prove the owner knew that their dog might bite or attack another person. If the dog owner violates any regulations, containment ordinances, or leash laws, they may or may not be found liable.
Continue reading to learn more about the ins and outs of dog bite liability laws.
Who Is at Fault for a Dog Bite?
Dog bite liability laws generally fall into the following four categories.
Strict Liability States
In strict liability states, dog owners are typically held responsible if their dog bites someone. This is the case regardless of whether the dog has exhibited aggression in the past. If the victim was legally permitted to be where the bite occurred, the owner is usually liable.
One-Bite Rule States
Texas is a one-bite rule state. That means the state requires proof that the dog had a history of aggression. Conversely, victims must prove that the owner knew (or should have known) the dog was dangerous.
The term “one-bite rule” comes from the idea that an owner might not be liable for the first incident. However, the owner becomes liable for any incident after that.
Negligence-Based Claims
Some states also allow victims to sue based on general negligence. That means if the owner failed to use reasonable care to prevent the bite, they may be held liable. For example, an owner who ignores leash laws would be liable in a state that follows these legal guidelines.
Mixed Rule States
Many states apply a mix of the above rules. Some may use strict liability for bites, but require proof of negligence for other dog-related injuries. For example, proof of negligence may be required in a case in which the victim was knocked over and injured.
An experienced dog bite attorney can help you understand dog bite liability laws in your state. Likewise, they can help you gather the correct evidence to present the strongest case possible.
Should I file a Dog Bite Claim Against a Friend or Neighbor?
If a neighbor’s or friend’s dog bites or attacks you, the emotional component might give you pause. You may be hesitant to file a claim for medical expenses, pain and suffering, or emotional stress. After all, you don’t want to feel like you’re punishing a person for their dog’s behavior.
It’s essential to remember that most people have some form of insurance. In the vast majority of cases, their insurance providers are the ones to pay out these claims.
Ideally, the dog’s owner should have a homeowner’s insurance policy that handles claims such as this. That is why you should contact a skilled dog bite lawyer to guide you through the entire process.
Filing a Dog Bite Claim Against a Business
Should you sustain a dog bite injury on a business property, you may be able to file a claim against the business. Ideally, the business will have a commercial liability insurance policy. This policy is designed to protect its assets and pay out your claim.
Dog Bite Damages: What Can I Recover?
The types of damages you can recover depend on the injuries you’ve sustained.
- Medical expenses. This includes any current and future medical expenses caused by the dog bite or attack.
- Compensation for lost wages. You may qualify if the dog bite or attack causes you to miss work.
- Compensation for lost earnings capacity. This applies if you’re permanently disabled and unable to return to work after the dog attack.
- Pain and suffering. You can often recover damages if the dog bite or attack resulted in injuries.
- Disfigurement. This applies if you have scarring from the wound.
- Emotional distress. Emotional distress damages include compensation for emotional scarring.
You need an experienced attorney to help you navigate the best way to recover damages for your injury.
What Is the Average Settlement for Dog Bite Cases?
The average settlement for dog bite cases varies based on a range of factors. Everything from the severity of your injuries to the state where the attack took place can contribute.
It’s also important to note that the average settlement amount takes outliers into account. That figure includes minor dog bite settlements, which can artificially lower the average. A simple puncture wound, for example, might only recover $1,500. Likewise, it factors in cases in which experienced dog bite attorneys recovered upwards of a million dollars.
We’ve found it’s more helpful to look at the median settlement amount. The median reflects the most likely result for the average dog attack. Currently, the median settlement is reported to be less than $70,000. However, working with an experienced dog bite attorney might result in a more favorable outcome.
How Long Do I Have to File a Claim Following a Dog Bite?
Dog bite claims have a statute of limitations that begins from the date the attack occurred. In Texas, the statute of limitations is two years from the date of the dog bite. Be sure to file your claim within the allotted amount of time.
If you’re unsure about your statute of limitations, then you need to contact a trusted dog bite lawyer. When filing claims, time is of the essence. The sooner you begin working with an attorney, the stronger the case they can build for you.
Work with an Attorney Who Understands Dog Bite Liability
At O’Hara Law Firm, we understand the legal nuances that can make or break your case. Whether it’s a one-bite rule or strict liability, we know how to hold negligent dog owners accountable. We’re happy to answer any questions you have about liability or filing a claim.