Dog bites may occur suddenly and cause permanent physical and emotional damage. From friendly family pets to stray animals in public, bites can happen anywhere — suddenly. The CDC reports that over 4.5 million dog bites are reported each year in the U.S., with hundreds of thousands needing medical attention.
After an attack, victims don't know what to do or who is at fault. Meanwhile, dog owners might not realize their full responsibilities under the law or how to keep others safe from their animals. This blog explains the necessary steps to take after a dog bite and summarizes general owner liability statutes.
If you happen to be in an area where laws are extra stringent — such as California — contacting San Francisco personal injury attorneys can give you expert advice specific to your case.
Who is Responsible When a Dog Bites?
Responsibility is based on state and local law, but generally, dog owners will be held accountable when their pet bites someone — particularly when the dog was not provoked and the victim had a right to be there.
There are two major doctrines of law applied in various jurisdictions:
- Strict Liability
In strict liability states, the owner of a dog is held legally liable for a bite regardless of the history of the animal. The victim need only establish that they were bitten while in a location they had the right to be at. Warning or aggression beforehand is of no consequence.
- The "One-Bite Rule"
A few jurisdictions adhere to what's referred to as the "one-bite rule." In this case, the owner will only be liable if they were aware — or should have been aware — that the dog was vicious. If it's the first time it's been reported and the dog has no history of violence, the owner may escape liability.
Situations Where Responsibility Could Be Reduced
Even in jurisdictions where owners of dogs are generally held responsible, there are circumstances that could mitigate or shift that liability:
- Trespassing: If the injured party was on the property illegally when the attack happened, the owner of the dog may not be held accountable.
- Provocation: If the dog was provoked — by hitting, teasing, or startling behavior — the victim might be partly responsible.
- Working Dogs: Police or military dogs that are working in the line of duty are usually exempt from liability under specific circumstances.
Steps to Take Right Away After a Dog Bite
As a victim or bystander, immediate action can safeguard health and establish a legal case if necessary.
- Get Medical Care
Never dismiss a dog bite, even if it appears minor. Infections such as rabies, tetanus, or cellulitis can rapidly develop. Get a doctor right away for:
- Deep wounds or punctures
- Bites on the hands, face, or joints
- Unknown vaccination status of the dog
- Get the Dog and Its Owner
Attempt to get:
- The owner's complete name and contact information
- Vaccination history
- Breed and physical description of the dog
If the owner is not around or departs from the scene, report to local authorities or animal control to report and pursue the dog.
- Record the Incident
Pictures and descriptions work wonders when substantiating insurance or legal claims. Photograph:
- The wound
- The site where the bite happened
- The dog (if safely possible)
Also, write down everything you remember, including time, date, circumstances, and witnesses.
- Report the Bite
Reporting a dog bite to local animal control or public health authorities assists in making an official record. It can also trigger a safety assessment of the dog.
- Contact a Legal Professional
While minor injuries can be resolved through insurance, severe attacks with deep wounds, infections, scarring, or emotional trauma might necessitate legal action. A personal injury attorney can assist you in knowing your rights and options — particularly if you have medical bills, lost wages, or permanent damage.
Compensation Types Victims Could Be Eligible For
Subject to the injury's severity and the laws in the area, victims of bites could be eligible for compensation of:
- Medical expenses: Emergency treatment, follow-up appointments, plastic surgery, therapy
- Lost wages: If the injury prevents the victim from working temporarily or long-term.
- Pain and suffering: Bodily pain, mutilation, and mental anguish
- Damages to property: If personal effects such as garments or accessories were damaged.
The Insurance Role in Dog Bite Claims
Dog bite claims are often included under the homeowner or renter's insurance policy of the dog owner in most instances. Not all policies are equal, though. Some insurance companies exclude certain breeds deemed "dangerous," or they limit the amount of the payout on dog-related claims.
Victims must retain all records of the incident and medical bills, and dog owners must inform their insurers immediately.
What Responsible Dog Ownership Looks Like
Even though most dogs are friendly and well-mannered, ultimately, it is the owner's job to keep their pet from being a threat to others. Here are some preventive measures:
- Training and socialization: Begin early to establish confidence and diminish fear-based aggression.
- Leashing and containment: Always use a leash to walk your dog in public and keep fences or gates shut at home.
- Warning signs: If your dog is nervous or territorial, warn others by putting up warning signs or using a colored leash that warns of caution.
- Health checks: Pain or sickness can turn even calm dogs aggressive — so frequent checks with a vet are essential.
How Pet Owners Can Legally Prepare
To pet owners, knowing their local laws and responding properly to a bite is equally vital:
- Be sure dog vaccinations are up to date
- Fully cooperate with officials or victims
- Offer up medical or veterinarian records in a timely manner
- Consult with an attorney if liability or criminal case concerns you
Legal Time Frames: Don't Wait
Every state has a time limit for bringing a personal injury claim. This is usually 1 to 3 years from the bite date. Not acting within this time period could cause you to lose your right to sue, no matter how severe the injury was.
Dog bites are traumatic, painful, and legally complicated. As the victim or the owner of the pet, it is crucial to know your rights and obligations. Prompt action, proper documentation, and legal assistance can be the difference between how a situation turns out.