How to Sue for Dog Bite Injuries

Understanding Dog Bite Laws

Dog bite laws vary by state, but most follow either strict liability or negligence-based rules.

Strict Liability States

In strict liability states, the dog owner is automatically responsible for injuries caused by their dog, regardless of prior aggression. Examples include California (Civil Code § 3342) and Florida (Statute § 767.04).

Negligence-Based States

In negligence-based states, the victim must prove the owner failed to take reasonable care to prevent the bite. Examples include Texas and Maryland.

“One-Bite” Rule

Some states follow the “one-bite rule,” where owners are only liable if they knew or should have known their dog was dangerous.

Steps to Take After a Dog Bite

1. Seek Immediate Medical Attention

Even minor bites can lead to infections like rabies or tetanus. Document all medical treatments, including:

• Emergency room visits
• Medications
• Follow-up appointments

2. Identify the Dog and Owner

Obtain:

• The owner’s name, address, and contact details
• The dog’s vaccination records
• Witness statements (if applicable)

3. Report the Incident

File a report with:

• Animal Control
• Local Police (if the attack was severe)

4. Document the Injury

Take:

• Photos of the wound
• Pictures of torn clothing or property damage
• A written account of the incident

5. Preserve Evidence

Keep:

• Medical bills
• Lost wage statements
• Receipts for related expenses (e.g., transportation to medical appointments)

Determining Liability

Owner Negligence

Proving negligence may involve showing:

• The owner violated leash laws
• The dog was unrestrained in a public area
• The owner failed to warn about the dog’s aggression

Trespassing and Provocation

Owners may avoid liability if:

• The victim was trespassing
• The victim provoked the dog

Calculating Damages

Economic Damages

• Medical expenses (current and future)
• Lost wages
• Property damage

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Disfigurement or scarring

Punitive Damages

In extreme cases (e.g., owner knowingly kept a dangerous dog), punitive damages may apply.

Filing a Dog Bite Lawsuit

1. Consult a Personal Injury Lawyer

A lawyer can:

• Assess the case’s strength
• Negotiate with insurers
• File a lawsuit if necessary

2. Send a Demand Letter

Before suing, send a demand letter outlining:

• The incident details
• Medical costs
• Compensation requested

3. File a Complaint

If negotiations fail, file a lawsuit in civil court. The complaint should include:

• Facts of the case
• Legal basis for the claim
• Damages sought

4. Discovery Phase

Both sides exchange evidence, including:

• Medical records
• Witness depositions
• Expert testimonies

5. Settlement or Trial

Most cases settle out of court. If not, the case proceeds to trial, where a judge or jury decides liability and compensation.

Common Defenses in Dog Bite Cases

Comparative Negligence

Some states reduce damages if the victim shares blame (e.g., provoking the dog).

Assumption of Risk

If the victim knew the risks (e.g., working as a mail carrier), compensation may be limited.

Statute of Limitations

Deadlines vary by state:

• California: 2 years (CCP § 335.1)
• New York: 3 years (CPLR § 214)
• Texas: 2 years (Civil Practice & Remedies Code § 16.003)

Missing the deadline bars the claim.

Insurance Claims

Homeowner’s Insurance

Most policies cover dog bite liability (unless the dog is a banned breed).

Steps to File an Insurance Claim

1. Notify the owner’s insurer
2. Submit medical records and evidence
3. Negotiate a fair settlement

Special Considerations

Dangerous Dog Designation

Some states label aggressive dogs as “dangerous,” requiring:

• Muzzling in public
• Higher liability insurance

Breed-Specific Laws

Certain breeds (e.g., Pit Bulls, Rottweilers) face restrictions, which may impact liability.

Preventing Future Attacks

For Owners

• Train and socialize dogs
• Use leashes and secure fencing
• Warn visitors about aggressive pets

For Victims

• Avoid unfamiliar dogs
• Do not disturb eating or sleeping dogs
• Teach children safe interactions

Final Legal Tips

• Keep detailed records
• Avoid discussing fault with insurers
• Hire an experienced dog bite attorney

By following these steps, victims can pursue fair compensation for dog bite injuries.