Dog Bite Law

It is said that every dog has its day. But some days are better than others, especially when the dog has just bitten your next-door neighbor and you are in a dog bite strict liability state.

There are over 52,000,000 dogs in the United States. 

According to a 2001 study by the Children’s Hospital of Pittsburgh and the Center For Disease Control (CDC), nearly 4.5 million dog bites occur yearly in the United States. 

Nearly 800,000 of those bites result in medical care. Viewed another way, 1 out of every 73 people will suffer a dog bite.

Dog Bite Liability and Damages

Strict Liability 

In most states, there is no such thing as the first dog bite being free. Quite the contrary, most states hold the owner strictly liable for all economic and general damages caused by the dog.

Civil damages can include compensation for all related present and future medical treatment, including cosmetic surgery, pain and suffering, and psychological treatment for emotional trauma. If the bite caused severe scarring, the owner could be strictly liable for hundreds of thousands of dollars, depending on the extent of the disfigurement.

Punitive Damages

In some states, punitive damages are available in cases where the dog owner knew the dog was vicious and had a history of causing severe injury (and even death) to others but refused to leash the dog, thereby knowingly putting others at substantial risk of injury. 

These types of cases could turn punitive if the owner trained the dog to attack or kill. 

As of 2021, most states impose strict liability against owners of dogs for dog bite injuries. Strict liability means that a dog owner is responsible for damages to a person whether or not the owner knew the dog presented a risk of harm to others. Accordingly, the dog owner will be held legally responsible for the victim’s injury, even if the dog has never displayed dangerous or vicious behavior. 

A few states that do not impose strict liability would impose it if the dog was found off the leash at the time of the dog bite.

There are some statutory exceptions to imposing strict liability, such as provocation, where the victim was taunting the dog, or where a trespasser gained entrance to the land to commit a crime such as burglary. 

Dog Bite Liability Based On Negligence

Even in states that do not have strict liability, this does not preclude a dog owner from liability if they were negligent in the care and management of their dog. 

The person who suffered the dog bite, the plaintiff in the matter, must prove that the owner knew of the dog’s dangerous propensities but failed to take protective measures under the circumstances. 

Homeowners Insurance Coverage For Dog Bites

In most cases, homeowner insurance covers damages arising from dog bite liability which may or may not have occurred on the homeowner’s property. 

For example, the homeowner or a family member may have been walking their dog when the incident occurred. 

The policy would cover the event. If the dog owner did not have home insurance liability coverage, the owner would be personally liable for the damages. 

Renters Insurance Liability Coverage For Dog Bites

Most renters insurance offers personal liability coverage for dog bites but excludes coverage for certain dog breeds because of the higher risk associated with a particular breed.

Dog Breeds Excluded From Renters Insurance Include:

• Akitas
• Chow Chows
• Doberman Pinschers
• German Shepherd
• Rottweilers
• Wolf-Hybrids
• American Bulldogs
• Mastiffs

Medical Treatment – Dog Bite Injuries 

According to the Mayo Clinic, caring for a minor dog bite that has superficially only broken the skin requires thoroughly washing the wound with soap and water, applying an antibiotic ointment, and wrapping it with a clean bandage. 

For more serious wounds, immediate and professional medical care is required. Signs, where immediate medical care is needed include:

• Where the wound puncture appears deep   
• The outer skin layer is torn 
• Wound appears indented 
• Significant bleeding
• Swelling
• Redness around wound
• Opening oozing puss 

For all dog bites, your first priority is to confirm that the dog was vaccinated for rabies and that the required vaccines have been updated. 

If you cannot verify this, seek immediate advice from your doctor.  

Rabies Virus

According to the CDC, The first and seriously progressive symptoms of rabies include: 

• Flue symptoms
• Overall weakness 
• Episodes of Fever 
• Painful Headaches 

If The Virus Progress You Will Likely Experience:

• Prickling sensations
• Itching at the site of the bite 
• Anxiety 
• Confusion 
• Agitation
• Cerebral dysfunction
• Hallucinations
• Insomnia
• Death (See Trouble-Tip Below)

Personal Injury Attorneys

There are law firms whose majority of their practice is devoted to representing injured victims of dog bites. 

If you have questions or require additional information about your legal rights and obligations, consult a verified Personal Injury Lawyer as soon as possible.

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