Dog Bites and Liability

On This Page

1. Dog Bites: Who is Responsible?
2. Understanding Dog Bite Laws: 
3. Homeowner's Insurance and Liability Coverage: 
4. Provocation and Comparative Negligence: 
5. Stray and Unleashed Dogs: 
6. Legal Recourse for Victims: 

REVIEWED BY

C. William Kenny

January 01, 2024

Board certified by National Board of Trial Advocacy

Dog Bites: Who is Responsible?

Dog bites can result in serious injuries, both physically and emotionally, leaving victims wondering who is liable for the consequences. In this blog post, we will explore the complex issue of liability in dog bite cases and discuss the responsibilities of dog owners.

Understanding Dog Bite Laws: 

Laws regarding dog bites vary by jurisdiction, but many places operate under the principle of strict liability. Strict liability means that the owner is held responsible for the actions of their dog, regardless of the dog’s past behavior or the owner’s knowledge of its aggressive tendencies. In some instances, negligence laws may also come into play, holding owners accountable for failing to exercise reasonable care in controlling their dogs.

Homeowner’s Insurance and Liability Coverage: 

One of the first steps in determining liability is examining the homeowner’s insurance policy of the dog owner. Many policies include liability coverage for injuries caused by the homeowner’s dog. However, it is crucial to be aware that some policies may exclude certain breeds or have limitations on coverage. Victims of dog bites should promptly report the incident to the dog owner’s insurance company to initiate the claims process.

Provocation and Comparative Negligence: 

While dog owners are typically held liable for their pets’ actions, there are instances where the victim’s behavior may come into play. If the injured party provoked the dog or engaged in behavior that contributed to the incident, it could impact the determination of liability. Comparative negligence laws may reduce the compensation awarded to the victim based on their level of responsibility for the incident.

Stray and Unleashed Dogs: 

Determining liability becomes more complex when dealing with stray or unleashed dogs. In many cases, the responsibility lies with the dog’s owner. However, if the dog is a stray, local animal control or authorities may assume responsibility. It is crucial for victims of dog bites to report incidents involving stray or unleashed dogs to the appropriate authorities to ensure proper handling of the situation.

Landlord Liability: 

In cases where a dog bite occurs on rental property, landlords may also be held liable under certain circumstances. If the landlord was aware of a tenant’s aggressive dog and failed to take reasonable steps to address the situation, they could share responsibility for the incident. 

Legal Recourse for Victims: 

Victims of dog bites have legal recourse to seek compensation for medical expenses, pain and suffering and other damages. Consulting with a personal injury attorney specializing in dog bite cases is advisable to navigate the legal complexities and ensure the victim’s rights are protected. Attorneys can help gather evidence, assess liability and negotiate with insurance companies or represent victims in court if necessary.

Recovering Compensation After a Dog Bite Injury

Dog bite incidents raise questions of liability that require careful examination of various factors. 

It is important if you were injured by a dog bite to contact a personal injury attorney to review your rights and receive compensation for the injuries you endured.

Contact the personal injury lawyers of Berger and Green for a free case evaluation.