Suing for Dog Bites: Your Legal Rights and Process

Dog Bite Lawsuits: Yes, You Can Sue

Yes, you can sue for a dog bite. This holds true even if the injury appears minor or if the dog was on a leash at the time of the incident. Many states, including California and Massachusetts, operate under "strict liability" laws concerning dog bites (Source 1, Source 4). This legal framework significantly impacts a victim's ability to seek compensation.

Under strict liability, dog owners are generally held responsible for injuries their dogs cause. This responsibility applies regardless of whether the dog had a history of aggression or if the owner was aware of any potential danger (Source 1, Source 4). The rule typically applies as long as the injured person was lawfully on the property where the incident occurred or was in a public place (Source 1).

Key Takeaways from Dog Bite Laws

• Dog owners are typically held accountable for injuries inflicted by their dogs.
• Strict liability laws mean you usually do not need to prove the owner knew the dog was dangerous. You also don't need to show the owner acted negligently (Source 4).
• These laws apply if you were legally present on the property or in a public area (Source 1).
• Liability can extend beyond just bites. For instance, if a dog jumps on you and causes you to fall and break a bone, the owner can still be held responsible (Source 4).
• Emotional distress, such as fear of dogs or anxiety, is frequently considered a recoverable damage (Source 2, Source 5).

Immediate Actions After a Dog Bite

Taking prompt and appropriate action after a dog bite is crucial for both your health and any potential legal case. Delaying medical attention, for example, can be detrimental (Source 1).

Checklist for Post-Bite Actions

• Seek immediate medical attention: Even seemingly minor bites can lead to serious infections. Prompt medical care ensures proper documentation of injuries, which is vital for your legal case (Source 1).
• Document everything: Take photographs of your injuries, the location where the bite occurred, the dog if possible, and any visible damage to your clothing or property. Gather contact information for any witnesses present.
• Report the incident: Contact animal control or local law enforcement authorities to report the dog bite. This creates an official record of the event.
• Gather contact information: Obtain the name, address, and phone number of the dog owner. If there were witnesses, collect their contact details as well.
• Avoid discussing fault or signing anything: Do not admit fault or sign any documents provided by the dog owner or their insurance company without first consulting with a legal professional.

Recoverable Damages in Dog Bite Cases

Victims of dog bites can pursue compensation for a range of damages resulting from their injuries. These damages aim to cover both economic and non-economic losses.

Types of Damages You Can Recover

• Medical expenses: This includes all past and future costs associated with treating your injuries. Examples include emergency room visits, doctor appointments, medications, surgeries, and physical therapy.
• Lost wages or earning capacity: If your injuries prevent you from working, you can seek compensation for lost income. This also includes any reduction in your future earning potential due to long-term disability or impairment.
• Pain and suffering: This category covers the physical pain and discomfort you experience due to the dog bite.
• Emotional distress: Dog bites can lead to significant psychological trauma. This can include fear of dogs, anxiety, post-traumatic stress disorder (PTSD), flashbacks, and nightmares (Source 2, Source 5).
• Property damage: If the dog damaged any personal property during the incident, such as clothing or eyeglasses, you can seek compensation for these losses.

Factors Affecting Your Case

Several factors can influence the strength and outcome of a dog bite lawsuit. These primarily revolve around the legal framework of the state where the incident occurred and the actions of both the dog owner and the victim.

Owner's Liability

• Strict liability states: In states like California and Massachusetts, the dog owner is generally held responsible for injuries caused by their dog. This applies regardless of the dog's prior aggressive behavior or the owner's knowledge of it (Source 1, Source 4). You do not need to prove the owner was negligent (Source 4).
• "One-bite rule" states: While less common now, some states historically followed a "one-bite rule." In these jurisdictions, an owner might only be liable if they knew their dog had a history of aggression or had bitten someone before.
• Violation of leash laws or other local ordinances: If a dog owner violates local leash laws or other animal control ordinances, it can significantly strengthen a victim's case. Even if a dog was on a leash, the owner is not automatically excused from responsibility in strict liability states (Source 4).

Your Actions

• Trespassing on private property: If the injured person was trespassing on private property when the bite occurred, the owner's liability might be reduced or eliminated (Source 1).
• Provoking the dog: Actions such as teasing, tormenting, or abusing the dog can also reduce or eliminate the owner's liability (Source 4).
• These factors are crucial. For example, Massachusetts law states that you only need to show the dog caused the injury and that you were not provoking the dog, such as by trespassing or teasing (Source 4).

Legal Process & Tools

Navigating a dog bite lawsuit involves several steps, often requiring the expertise of a legal professional. The process typically begins with a consultation and can escalate to a lawsuit if a settlement isn't reached.

Steps in a Dog Bite Lawsuit

• Consult with a personal injury attorney: It is highly recommended to seek advice from an attorney specializing in dog bite cases. They can explain your legal rights and help you decide on the best course of action (Source 4).
• Attorney investigation and evidence gathering: Your attorney will investigate the incident thoroughly. This includes collecting medical records, police reports, witness statements, and any photographic or video evidence.
• Negotiations with the dog owner's insurance company: Most dog bite claims are settled through negotiations with the dog owner's homeowner's insurance policy.
• Filing a lawsuit: If a fair settlement cannot be reached through negotiation, your attorney may advise filing a formal lawsuit in court.
• Possible professional evaluation of the dog's behavior: In some cases, an animal expert or veterinarian may be called upon to evaluate the dog's nature or behavior. This can provide important insights into the dog's temperament (Source 1).

Tools Used in Dog Bite Cases

• Medical records: These documents provide official proof of your injuries, treatments, and prognosis.
• Police/animal control reports: These reports serve as official records of the incident and any initial findings.
• Witness statements: Accounts from individuals who witnessed the bite can corroborate your version of events.
• Photographic/video evidence: Visual evidence of injuries, the scene, and the dog can be powerful in demonstrating the extent of damages and the circumstances of the bite.
• Expert testimony: Medical professionals can testify about the nature and severity of your injuries, while animal behaviorists can offer insights into the dog's actions (Source 1).

Risks & When to See a Vet / Attorney

Understanding the potential risks associated with dog bites for victims and knowing when to seek professional help for both the victim and the dog involved are crucial.

Risks of Dog Bites for the Victim

• Infection: Dog bites can introduce bacteria, leading to serious infections. There's also a risk of rabies and tetanus, making prompt medical attention vital.
• Nerve damage: Deep bites can cause damage to nerves, leading to numbness, weakness, or loss of function in the affected area.
• Scarring and disfigurement: Many dog bites result in permanent scarring, especially on visible areas like the face or hands. This can require reconstructive surgery.
• Psychological trauma: Beyond physical injuries, victims can suffer significant emotional distress, including fear of dogs, anxiety, and PTSD (Source 2, Source 5). Some people experience flashbacks or nightmares (Source 2).

When to See a Vet (for the dog involved)

If your dog has bitten someone, it is crucial to consult a veterinarian immediately. This is important for several reasons:

• Rule out underlying medical conditions: A vet can check if a medical issue, such as pain or illness, contributed to the dog's behavior.
• Address behavioral issues: The vet can help assess and address any behavioral problems that may have led to the bite.
• Comply with local laws: Many local jurisdictions have specific laws regarding dogs that have bitten someone, which may include mandatory quarantine or evaluation.

When to See an Attorney (for the victim)

It is advisable to consult with a personal injury attorney specializing in dog bites in the following situations:

• Any physical injury requiring medical attention: If you have sustained any injury that necessitates a doctor's visit, emergency room care, or ongoing treatment, an attorney can help you recover medical expenses.
• Significant emotional distress: If you are experiencing fear, anxiety, or other psychological impacts from the bite, an attorney can help you seek compensation for emotional distress (Source 2, Source 5).
• Disagreement with the dog owner or their insurance company: If the dog owner or their insurance company is uncooperative, denies liability, or offers an inadequate settlement, legal representation becomes essential.
• Uncertainty about your legal rights or the claims process: An attorney can clarify the complex legal landscape, explain your rights, and guide you through the entire claims process (Source 4).

Dog Bite Lawsuit FAQ