Dog Bite Claims: What to Know Before Filing a Lawsuit
Understand the key legal and practical considerations that influence the outcome of a dog bite claim before deciding to file a lawsuit.
Dog bites can result in significant physical and emotional injuries, leading to medical bills, lost income, and lasting trauma. For victims, pursuing a legal claim may be necessary to recover these losses.
Understanding your rights and the legal process is crucial before filing a lawsuit. This involves documenting the incident, being aware of deadlines, and knowing how liability is determined under state laws.
Who Is Liable
Determining legal responsibility after a dog bite depends on the incident’s specifics and applicable laws. Primarily, the dog’s owner is held accountable, reflecting the duty to control their pet and prevent harm.
Many states use a “strict liability” standard for dog bites.1Animal Legal & Historical Center. Table of Dog Bite Strict Liability Statutes This means an owner can be liable for injuries caused by their dog, even if they weren’t negligent and didn’t know the dog was dangerous, provided the injured person was lawfully present and did not provoke the animal.
Other jurisdictions follow a “one-bite rule.” Under this principle, an owner might not be liable for the first bite unless they knew or should have known the dog had dangerous tendencies, perhaps from prior aggressive behavior like growling or snapping. Even in these areas, an owner could be liable if they failed to use reasonable care in controlling the dog.
Liability may extend beyond the legal owner. Individuals “keeping” or “harboring” the dog, such as sitters or temporary caretakers exercising control over the animal, could also be held responsible. Some laws define these individuals as “owners” for liability purposes.
Landlords might face liability if they knew a tenant’s dog was dangerous and had the authority to have it removed or confined but failed to act, particularly concerning common areas they control. If a minor owns the dog, the parents are typically responsible, either by statute or as the dog’s keepers.
Factors That Can Affect Your Claim
Several elements shape the strength and potential outcome of a dog bite claim, providing evidence of the incident’s impact.
Severity of Injuries
The extent of physical injuries is a key factor. Severe injuries, such as deep lacerations, nerve damage, broken bones, or significant scarring and disfigurement, generally lead to higher potential compensation due to greater medical costs, recovery time, and long-term effects. Infections are a common complication. Beyond physical harm, severe bites often cause significant psychological trauma, like post-traumatic stress disorder (PTSD) or a lasting fear of dogs, which are also considered part of the injury’s severity. Documenting the full scope of these effects is essential.
Medical Reports
Medical documentation provides objective proof of the injuries and required treatment. These records, including emergency room reports, notes from follow-up visits, surgical reports, and therapy logs, detail the diagnosis, treatment, healing progress, and prognosis. Seeking prompt medical attention initiates this crucial documentation. Medical bills quantify the financial costs. Consistent treatment records create a clear timeline connecting the bite to the resulting harm.
Witness Statements
Independent accounts from observers can corroborate the victim’s description of the event. Witnesses can offer unbiased perspectives on the dog’s behavior, the owner’s actions, whether the victim provoked the animal, and the immediate aftermath. Gathering contact information and obtaining written or recorded statements soon after the incident preserves valuable details that can support the claim and clarify disputes.
Insurance Involvement
Often, the dog owner’s homeowners or renters insurance policy covers dog bite incidents through personal liability coverage. This coverage protects the policyholder if found legally responsible for injuries to others, potentially paying for the victim’s medical costs and legal fees up to the policy limit.
These policies have limitations. Liability coverage limits, often between $100,000 and $300,000 for standard policies, cap the insurer’s payout.2Insurance Information Institute. Liability and Safety Tips for Dog Owners If costs exceed this limit, the owner is personally responsible for the difference, though some individuals have additional “umbrella” policies for higher coverage.
Coverage is not guaranteed. Some insurers exclude certain breeds perceived as dangerous (e.g., Pit Bulls, Rottweilers) or dogs with a known history of aggression.3Insurance Information Institute. Spotlight on: Dog Bite Liability An insurer might charge higher premiums, require a liability waiver for dog bites, or decline policy renewal after a bite incident.
Following a claim notification, the insurance company investigates through an adjuster. The adjuster gathers information, reviews records, interviews parties, and assesses liability based on the policy and local laws. The adjuster works for the insurer, aiming to resolve the claim often while minimizing the payout. They evaluate the incident and injuries to determine claim validity and propose a settlement.
Steps to Initiate a Lawsuit
Before starting legal action, understanding the procedural steps is necessary. A critical first step is adhering to the statute of limitations, the legal deadline for filing a lawsuit. For personal injury cases like dog bites, this period typically ranges from one to six years after the incident, varying by state.4California Courts Self-Help Guide. Deadlines to Sue Someone (Statutes of Limitation) Missing this deadline usually forfeits the right to sue.
The formal process begins by filing a legal document, usually called a “Complaint,” with the appropriate court.5Civil Law Self-Help Center. Filing A Complaint To Start Your Case This document identifies the plaintiff (the person suing) and the defendant (the person being sued), outlines the facts, explains why the defendant is believed responsible, and states the relief sought, typically monetary compensation. Filing requires submitting the Complaint to the court clerk and paying a filing fee, which varies by jurisdiction but can often be waived for those demonstrating financial hardship.
Once filed, the court issues a “Summons.” The next step is “service of process,” formally notifying the defendant of the lawsuit by delivering copies of the Complaint and Summons.6Legal Information Institute (Cornell Law School). Service of Process This ensures the defendant is aware and can respond. Service rules are specific but usually involve personal delivery by a non-party adult, like a process server or sheriff, though methods like certified mail may sometimes be allowed. Proof of service must then be filed with the court, confirming the defendant was properly notified so the case can proceed.
Damages You May Recover
The primary goal of a dog bite lawsuit is usually to recover monetary compensation, or “damages,” for the harm suffered. Damages aim to address the injury’s impact on the victim’s life.
Compensatory damages seek to reimburse the injured person for actual losses. These are divided into economic and non-economic damages. Economic damages cover tangible financial costs like medical expenses (emergency care, surgery, therapy, medication), lost wages due to missed work, and reduced future earning capacity if injuries cause long-term impairment.
Non-economic damages address intangible consequences, such as physical pain and suffering, emotional distress (anxiety, fear, depression), scarring and disfigurement, and loss of enjoyment of life due to diminished ability to participate in previous activities. In some cases, a spouse might claim loss of consortium for the impact on the marital relationship.
Punitive damages may occasionally be awarded, not to compensate the victim, but to punish the defendant for particularly egregious conduct (like malice or reckless disregard for safety) and deter similar future behavior. These are awarded less frequently than compensatory damages and often require showing conduct beyond simple negligence. The availability and amount are subject to legal standards and limitations, ensuring reasonableness and proportionality to the harm and the defendant’s conduct.
When to Seek Legal Advice
Consulting an attorney after a dog bite is often advisable, particularly if injuries are serious, requiring significant medical treatment or resulting in long-term issues like scarring or nerve damage. An attorney can help navigate the complexities of documenting harm and seeking fair compensation.
Dog bite laws vary, with some states using strict liability and others a “one-bite” rule requiring proof of the owner’s prior knowledge of the dog’s potential danger. Legal expertise is often needed to understand the applicable standard and meet the burden of proof, especially if liability is disputed.
Interactions with insurance companies can also warrant legal counsel. An attorney can manage communications with adjusters, interpret policy limits and exclusions (like breed restrictions), and evaluate the fairness of settlement offers. If an insurer denies the claim or offers an insufficient amount, legal advice helps determine the next steps.
Strict legal deadlines (statutes of limitations) for filing lawsuits make timely consultation important. Missing the deadline, typically one to six years for personal injury, bars the claim. Seeking legal advice promptly ensures necessary actions are taken within the required timeframe. Many local bar associations offer referral services to find qualified personal injury attorneys.7The Chicago Bar Association. Lawyer Referral Service