Dog bites can cause serious physical and emotional harm, especially for children. Victims often wonder who’s responsible for medical bills, lost wages, and pain. The answer depends on state law, which varies greatly when it comes to dog owner liability.
Types of Dog Bite Laws
- Strict Liability States
In most states, dog owners are automatically liable for injuries their dog causes, regardless of whether the dog had bitten anyone before.
- “One-Bite” Rule States
Some states (like Texas and New York) follow the “one-bite rule,” where owners are only liable if they knew or should have known their dog was dangerous.
What You Must Prove
In strict liability states:
- The bite happened
- The defendant owns the dog
- The victim was lawfully present (not trespassing)
In “one-bite” states:
- Prior aggression or attacks must be proven
- Negligence (e.g., failure to leash or fence)
Common Defenses for Dog Owners
- The victim was trespassing
- The dog was provoked
- The victim assumed the risk
What Damages Can Victims Recover?
- Medical expenses (ER, surgeries, therapy)
- Lost income
- Pain and suffering
- Emotional trauma
- Permanent scarring
In severe cases, punitive damages may apply.
Time Limits to File
Most states require claims to be filed within 1–3 years of the incident. Missing this deadline may forfeit your right to compensation.
Tips After a Dog Bite
- Seek immediate medical care
- Identify the dog and owner
- Report to animal control
- Take photos of injuries and location
- Contact a personal injury attorney
Conclusion
If you’ve been bitten by a dog, state laws will determine liability and compensation. Whether your state applies strict liability or the “one-bite” rule, timely action and legal advice can help you recover damages.
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