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dog bite INJURY Lawyer
Fighting for Your Rights
A dog bite lawyer represents people injured when a dog bites, attacks, or knocks them down. Whether the owner is responsible depends on the state. Some states make owners responsible for most bites by statute, while others require proof that the owner knew the dog was dangerous or was careless in controlling it. In most cases the claim is paid by the owner's homeowner's or renter's insurance, not by the owner personally. Onal Injury Law reviews dog bite cases from anywhere in the United States.
Key facts at a glance
- About 4.5 million people are bitten by dogs in the United States each year, according to the CDC, and children are the most likely to be seriously hurt.
- States follow one of two main approaches: strict liability by statute, or a "one bite" rule that looks at what the owner knew.
- California, Florida, and New Jersey are examples of states with strict liability dog bite statutes. Texas and New York generally look at whether the owner knew of the dog's dangerous tendencies.
- Most dog bite claims are paid through homeowner's or renter's insurance policies.
- Injuries from a dog knocking someone down, not only from bites, can also support a claim in many states.
Is the owner responsible for a dog bite?
The answer depends on which approach the state follows. In strict liability states, the owner is generally responsible when their dog bites someone who was lawfully in a public place or lawfully on private property, even if the dog had never shown aggression before. California (Civil Code § 3342), Florida (Fla. Stat. § 767.04), and New Jersey (N.J.S.A. 4:19-16) are examples. These statutes have exceptions, such as provocation and, in some states, posted warning signs.
In states that follow a version of the one bite rule, the injured person usually has to show the owner knew or should have known the dog had dangerous tendencies. Prior bites, prior attacks on people or animals, warnings from neighbors, and the owner's own statements can all prove this. Texas and New York generally follow this approach, although both also allow claims in some situations based on the owner's negligence, such as violating a leash law.
Many states use both. A statute may cover bites while ordinary negligence rules cover other injuries, such as a large dog jumping on a person and knocking them down.
Who else can be responsible for a
dog bite?
Besides the owner, responsibility can sometimes extend to a person who was keeping or caring for the dog at the time, such as a dog walker or sitter; a landlord who knew a tenant's dog was dangerous and had the power to remove it; a business that allowed a dog on its premises; and, in limited circumstances, a homeowner's association. Landlord liability rules vary widely and usually require proof of the landlord's knowledge.
Who pays for a
dog bite injury?
In most cases, the owner's homeowner's or renter's insurance policy pays. Dog bite claims are among the most common liability claims those policies handle. Some policies exclude certain breeds or dogs with a bite history, and some owners have no coverage. When that happens, other sources such as a landlord's policy or a business policy may matter. Many people who are bitten by a friend's or neighbor's dog hesitate to bring a claim, but the claim is usually against the insurance company, not the person.
What should you do after a
dog bite?
Get medical care right away. Dog bites, especially punctures to the hands and face, carry a high risk of infection, and rabies questions need to be answered by a medical provider. Report the bite to local animal control or the health department. In many places this is required, and the report creates an official record.
Get the owner's name, address, and insurance information, and ask about the dog's vaccination status. Photograph the wounds on the day of the bite and as they heal, and photograph the location and the dog if you can do so safely. Get names of witnesses. Keep torn or bloody clothing. Ask neighbors whether the dog has bitten or threatened anyone before, because that history can be important evidence.
What injuries do dog bites cause?
Children are bitten more often than adults and are more likely to be bitten on the face and head. Their cases often involve scarring that will change as they grow, which may require future surgery that is hard to estimate at the time of the claim. In many states, the deadline to file for a child is extended until the child turns 18, but there are exceptions, and evidence is easier to gather right away. Settlements for minors usually need court approval.
Dog bite cases in
other states
Dog bites happen during visits, at vacation rentals, and while people are traveling. Because the law varies so much by state, the first step is identifying which state's rules apply. We review dog bite cases from anywhere in the country. When a case has to be filed where we do not have an office, we work with locally admitted counsel in that state. We also publish a page on
New York dog bite injuries.
Dog bite questions
people ask us
Do I need to prove the dog bit someone before?
Only in some states. In strict liability states, the owner is usually responsible for the first bite. In states following the one bite rule, prior aggression or other evidence that the owner knew the dog was dangerous is usually needed, though negligence such as violating a leash law may also support a claim.
The dog belongs to a friend. Will they have to pay me personally?
Usually not. Most dog bite claims are paid by the owner's homeowner's or renter's insurance. A claim is a request to that insurer to cover the injury, which is what the coverage is for.
Can I bring a claim if the dog knocked me down but did not bite me?
In many states, yes. Some dog bite statutes cover only bites, but ordinary negligence law can cover injuries caused by a dog that was not properly controlled.
How long do I have to file a dog bite claim?
It depends on the state. Most states allow between one and six years for injury lawsuits, and deadlines for children are often extended. Report the bite and contact the owner's insurer promptly regardless of the filing deadline.
Can you help if the bite happened in another state?
Yes. We review cases nationwide. When a case must be filed in a state where we do not have an office, we work with locally admitted counsel there so the case is filed in the right court under the right law.
What If the Dog Owner Does Not Have Homeowners Insurance?
Not having homeowners' insurance in New York puts you at a significant personal financial and legal risk if your dog causes harm, because the state’s liability rules now allow negligence claims even for first-time incidents. An investigation into available insurance policies and assets helps determine potential sources of recovery.
Talk with Onal Injury Law
about your case
Onal Injury Law has offices in Elmwood Park and Cliffside Park, New Jersey, Staten Island, New York, and Sugar Land, Texas. We review injury cases from anywhere in the United States. When a case has to be filed in a state where we do not have an office, we work with locally admitted counsel in that state so the case is filed in the right court and handled under the right law.
The first consultation is free and confidential, and
we speak English, Turkish, and Spanish. Injury cases are usually handled on a contingency fee, so there is nothing to pay up front, and we explain the fee agreement and case costs in writing before you sign anything.
Call
(201) 335-6788 or
request a free case review.
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