Dog bites cause approximately 4.5 million injuries in the United States each year, according to the CDC. Many of these injuries are serious – including deep lacerations, infections, nerve damage, and permanent scarring. If you or someone you love has been bitten by a dog, understanding your legal rights is the first step toward fair compensation.

Dog Bite Laws Vary Significantly by State

Unlike car accident law, which has a fairly consistent framework across states, dog bite law varies considerably – and which state’s law applies can dramatically affect whether you can recover and how much.

Strict Liability States

Most states hold dog owners strictly liable for bites, meaning you do not have to prove the owner knew the dog was dangerous. In strict liability states, if the dog bites you, the owner is responsible – period (with some exceptions, like if you were trespassing or provoked the dog).

The One-Bite Rule

A minority of states follow the traditional “one-bite rule,” which requires you to prove the owner knew or should have known their dog had dangerous propensities. This is more difficult – essentially, you have to show the dog had bitten or threatened someone before.

Negligence-Based Claims

Even in one-bite states, you may be able to sue based on negligence – arguing that the owner was careless in restraining or controlling the dog, even if no prior bites occurred.

What Damages Can You Recover?

Dog bite victims can recover: medical expenses (emergency treatment, surgery, scar revision, tetanus, rabies treatment if needed); lost wages; pain and suffering; emotional distress (particularly significant in cases involving disfiguring injuries); and in severe cases, permanent impairment or disability damages.

What to Do After a Dog Bite

Seek medical attention immediately – dog bites carry serious infection risk. Report the bite to local animal control – this creates an official record and may reveal prior incidents with the dog. Document your injuries thoroughly with photos. Identify the dog owner and their homeowner’s or renter’s insurance (most dog bite claims are paid through homeowner’s policies). Consult a personal injury attorney before accepting any settlement.

Key Defenses to Dog Bite Claims

Common defenses include: provocation (you provoked the dog); trespassing (you were on private property without permission); assumption of risk (you knew the dog was dangerous and interacted with it anyway); and comparative fault if your own actions contributed to the bite. An experienced attorney can help counter these defenses with evidence.