More than 4.5 million people are bitten by dogs in the United States each year, with over 800,000 requiring medical attention. Dog bites can cause severe physical injuries, lasting psychological trauma, and disfigurement. Understanding your rights under state dog bite laws is essential to recovering the compensation you deserve.
Strict Liability vs. One-Bite Rule States
About two-thirds of US states follow a strict liability standard dog owners are liable for bite injuries regardless of whether they knew the dog was dangerous. The remaining states follow the “one-bite rule,” which requires proving the owner knew or should have known the dog was dangerous. States like California, Florida, and Illinois are strict liability states. Texas and Virginia use a negligence/one-bite approach.
What Injuries Are Covered?
Compensation can cover emergency room treatment, surgery, reconstructive procedures, physical therapy, psychological counseling, lost wages, permanent scarring and disfigurement, pain and suffering, and long-term care. Children are the most frequent victims of serious dog bites, and their cases often involve significant medical and psychological treatment costs.
What to Do After a Dog Bite
Wash the wound immediately, seek medical care the same day, and report the bite to animal control. Photograph your injuries over time as they heal (and scar). Get the owner’s name and contact information, and find out if the dog’s vaccinations are current. Document all medical appointments and keep every bill. Contact an attorney before speaking with the owner’s homeowners insurer.
Defenses Dog Owners Raise
Owners commonly argue that you provoked the dog, you were trespassing, or you assumed the risk. Provocation is the most common defense. Your attorney can help counter these arguments with witness statements and your medical records.
Homeowners Insurance and Dog Bite Claims
Most dog bite claims are paid through the dog owner’s homeowners or renters insurance policy. The Insurance Information Institute reports that dog bite claims cost insurers over $1 billion annually. Some policies exclude certain breeds, so coverage can be an issue. An attorney can identify all available insurance sources.
conclusion
If you or your child has been bitten by a dog, you have rights under state law. Document your injuries, report the incident, get medical care, and speak with a personal injury attorney who handles dog bite cases in your state.
