Dog Bite Lawsuit: What to Expect and How to Prepare (2024)

Dog Bite Statistics

Dog bites happen more frequently than many people realize. The American Veterinary Medical Association estimates 4.5 million people experience a dog bite each year. They also find that children are the most common victims, and are more likely to suffer a severe injury from a dog bite.

Severe injuries are more likely to be the subject of a lawsuit. According to the Centers for Disease Control and Prevention (CDC), over 51,000 dog bites resulted in emergency room visits between 2005 and 2013. The CDC also reported that 468 deaths were caused by dogs between 2011 and 2021.

A dog’s breed is sometimes taken into consideration in dog bite lawsuits. Fatal dog attacks have been associated with some dog breeds more than others.

Common Dog Bite Injuries

Dog bites sometimes cause only minor scrapes and bruising, but they can also result in more severe damage. The types of injuries that may lead to lawsuits include:

• Puncture wounds
• Cuts and lacerations
• Infections
• Broken bones
• Nerve damage
• Emotional trauma

Did you know that a personal injury lawyer can help you keep track of the medical records you may need to prove your case? Fill out the form on this page to connect with a lawyer near you.

Who Is Responsible for Dog Bite Injuries?

Responsibility for a dog bite injury most often falls on the dog owner. However, state laws differ and are often supplemented by local ordinances and case law. Courts evaluating a dog bite case will typically apply one of these standards:

• Strict liability. Strict liability laws have been the most widely adopted legal standard in dog bite cases. This standard can be found in 36 states. Under strict liability, a dog owner is responsible for injuries caused by their dog even if the dog has no history of dangerous behavior.
• One bite rule. Some jurisdictions follow this rule that essentially means the dog owner is responsible if they should have known their dog is dangerous. If the dog has bitten before, the owner will be liable for future injuries caused by the dog.
• Premises liability. In jurisdictions applying premises liability standards, dog owners may be held responsible for creating a dangerous situation on their property.
• Negligence. In areas following a negligence standard, dog owners are responsible if they fail to apply reasonable care to prevent dog bites.

To make things more complicated, some jurisdictions muddy the rules by setting limits on the types of damages that can be recovered applying different standards for when a dog is on or off leash.

To learn more about how responsibility is established in your local area, consult with a lawyer. Fill out the form on this page to get help today!

Steps To Take After a Dog Bite

If the dog’s owner is present, start by getting their name and contact information. If they have insurance information, you can request this as well.

Seek out medical attention to assess your injuries. Don’t delay seeing a medical professional, particularly if there is a chance that the dog could transmit an infectious disease like rabies. See your doctor or go to the emergency room within 24 hours for severe injuries or if you suspect an infection.

Speak with a qualified dog bite lawyer to evaluate your case. A lawyer can help you negotiate a case settlement or file a formal lawsuit to protect your rights. Fill out the form on this page to get started.

What To Do if Someone Sues You for a Dog Bite

Dog owners may find a dog bite lawsuit to be a shock. If you are faced with a lawsuit after your dog has bitten someone, don’t hesitate to reach out to a lawyer for advice. While some states make you liable for all injuries caused by your dog, there may be defenses that can come to your aid.

Defenses In Dog Bite Lawsuits

Here are common defenses used by dog owners to combat lawsuit claims.

• The victim was warned. Setting out signs indicating that a dog is present, such as “Beware of Dog” signs, can prevent liability in cases where premises liability is alleged.
• The victim was trespassing. A plaintiff who encounters a dog while on someone else’s property without permission may be barred from recovering damages for their injuries.
• The dog was provoked. If the person bitten by the dog was tormenting or assaulting the dog before the bite occurred, then courts will often deny damages.
• The dog was engaged in working duties. Owners and trainers of military or law enforcement dogs are not responsible for injuries caused by the dogs in the dog’s usual working duties.
• The dog was protecting itself or others. If a dog injures someone while protecting itself, its owner, or puppies, courts will often decide there is no liability for the injury.
• The dog was in pain. An injured animal may lash out if they perceive a human as threatening. This can undermine a case alleging the dog was dangerous.