What Happens if Your Dog Bites Someone on Your Property?

Dog ownership can be a great responsibility. When a dog bites someone on your property, the incident can quickly evolve into a legal matter that places you at risk of substantial financial liability. 

If you’re unsure about what happens if your dog bites someone on your property, it’s vital to understand relevant dog bite laws, the concept of property owner dog bite liability, and the important steps to take in the aftermath. A knowledgeable dog bite lawyer can provide critical support in guiding you through the legal implications. 

Let’s analyze the legal landscape of dog bites, examine the factors that determine if you could be held responsible, and detail why consulting our experienced dog bite lawyers at Craig Swapp & Associates can make a significant difference when facing a dog bite claim.

Understanding Dog Bite Laws

Different states have different dog bite laws. In many jurisdictions, liability can rest on whether the dog owner knew or should have known about their dog’s dangerous propensities.

One-Bite Rule vs. Strict Liability

The legal standards applying to dog bites someone on your property vary significantly by location. 

In some states, the “one-bite rule” imposes liability only if the owner knows (or should have known) the dog has a tendency to bite. Generally, proof that a dog has previously bitten or aggressively threatened someone may trigger liability, signaling that the owner should have taken precautionary steps (like warning guests or using a leash).

On the other hand, many states adopt “strict liability” for dog owners. Under strict liability statutes, you can be held financially responsible for a bite even if your dog has no prior history of aggression. If the victim can show that your dog caused the injury and that the bite took place in a location protected by law (often public property or lawfully on private property), strict liability often applies.

To illustrate, Washington is a strict liability state regarding dog bites. If your dog bites someone on your property or in a public place, you’re typically responsible for any damages resulting from the bite – even if the dog has never displayed aggressive behavior in the past. 

Meanwhile, Idaho does not have a singular statutory dog bite law. Liability in Idaho may hinge on whether an owner was negligent or knew that the dog was dangerous. Because these distinctions can be complicated, consulting dog bite lawyers in your jurisdiction is essential for a thorough case evaluation.

Considerations to Property Owner Dog Bite Liability

Property owner dog bite liability typically centers on whether the owner has demonstrated reasonable care to prevent a dog bite from happening. If you invite guests onto your property – whether they are friends, neighbors, or service workers – and your dog bites someone, you could potentially face lawsuits and even criminal charges in severe cases.

Key considerations include:

• Duty of Care: As a property owner, you have a responsibility to keep your premises safe. This extends to preventing foreseeable harm by your dog.
• Warning Signs: Some states require posting warning signs about a dog’s presence, especially if the dog is known to be aggressive.
• Leash Laws: Local leash laws may require you to keep your dog under control at all times, even on your own property, depending on the municipality.

What if the person who was bitten was trespassing? 

This scenario can complicate what happens if your dog bites someone on your property. In some cases, trespassers enjoy fewer protections under the law. However, different states adopt varying approaches. Even in trespassing situations, certain standards of homeowner responsibility may apply, especially if the property owner is aware that trespassers frequently come onto the premises.

As a result, the question is rarely cut-and-dry. Having a conversation with a dog bite attorney is an excellent way to assess how local courts handle trespassing issues related to dog bites.

What to Do Immediately After Your Dog Bit Someone

If a dog bit someone at your home, the actions you take immediately, and in the days following – can significantly shape your legal standing.

Nevertheless, it’s critical to remain calm and take prompt action:

• Assist the Injured Person: Offer immediate help and encourage them to seek medical attention.

• Exchange Information: Provide your name and contact information, along with any homeowner’s insurance details.

• Gather Evidence: Take photos of the scene, note the circumstances (e.g., any provocation or trespassing), and keep records of your dog’s vaccination history.

• Report the Incident: In many jurisdictions, you may be legally required to report dog bites to local health authorities or animal control.

• Contact a Dog Bite Attorney: An experienced dog bite attorney will help protect your interests, walk you through pertinent dog bite laws, and advise you on your next steps.

Common Dog Bite Damages Victims Can Recover

When someone is bitten by a dog and suffers injuries, the law typically provides avenues for them to pursue compensation. 

The most common types of damages include:

• Medical Costs: This covers everything from the initial emergency room visit and surgical procedures to ongoing rehabilitation, prescription medications, and counseling for mental or emotional distress.
• Lost Wages: If a victim misses work due to a dog bite injury (such as recovering from surgery or attending follow-up appointments), they can usually seek reimbursement for lost income.
• Pain and Suffering: Beyond physical harm, dog bite victims frequently endure emotional distress or psychological trauma, which can become part of a personal injury claim.
• Property Damage: In some cases, a victim’s personal items (e.g., clothing, eyeglasses, phones) may be destroyed or damaged during the incident, and the owner of the dog can be held responsible for replacing or repairing these items.

Because state laws differ – some applying “strict liability,” others adopting a “one-bite rule” – the extent of damages can vary. A knowledgeable dog bite attorney can help both parties understand their rights and gather evidence.

How Dog Bite Injury Cases Work

A dog bite injury claim usually follows a structured path:

• Initial Report and Investigation: The incident is often reported to local authorities, and evidence of the attack is collected (e.g., photos, medical records, witness statements).

• Determining Liability: The victim (often through a dog bite lawyer) reviews relevant dog bite laws, such as strict liability statutes, to understand whether the property owner or dog owner should be held responsible.

• Filing a Claim: The injured individual may file a formal claim with the dog owner’s homeowner’s or renter’s insurance policy. If negotiations fail, a lawsuit might be necessary.

• Negotiation and Settlement: Insurance adjusters or defense attorneys often try to settle cases before trial. Settlements involve agreeing on a compensation amount for the victim in exchange for releasing the dog owner from further legal action.

• Trial: If the parties cannot agree on a settlement, the case may go to court. A judge or jury then evaluates the evidence, determines liability, and decides on the compensation owed to the victim.

Throughout this process, retaining a dog bite attorney is vital. Lawyers experienced in personal injury claims can assess the strength of the case, negotiate effectively, and advocate for either party in court if needed.

Insurance Claim for Dog Bite Liability 

For most homeowners, the first line of defense against a dog bite claim is their insurance policy. Commonly, homeowner’s insurance covers dog bites under personal liability coverage, but the specifics, like coverage limits, will vary.

Be aware that some insurance carriers exclude certain dog breeds from coverage or may impose higher premiums for dogs deemed “high risk” (such as pit bulls, Rottweilers, or German Shepherds). If you have one of these breeds, it’s prudent to confirm the terms of your coverage well before an incident occurs.

If you’re worried about significant judgments beyond the standard homeowner’s insurance coverage, you might consider an umbrella policy. An umbrella policy adds an extra layer of liability coverage, which can be vital in cases involving serious injuries or multiple plaintiffs. While no one likes to imagine such scenarios, severe attacks or bites involving children can lead to sizable settlements or court-ordered judgments.

Legal Defenses for Property Owners Against Liability

Property owners facing a dog bite claim can raise several defenses to reduce or eliminate their potential responsibility:

• Trespassing: If the injured individual was unlawfully on the property without permission, it can limit or negate the owner’s liability.
• Provocation: The owner may argue the victim provoked the dog through teasing, hitting, or otherwise harming the animal, making the bite a reaction to provocation.
• Assumption of Risk: In certain scenarios, the victim might be considered to have knowingly exposed themselves to a dog known to be aggressive (for example, by ignoring posted warning signs or explicit homeowner instructions).
• Compliance with Local Laws: Dog owners who have adhered to state or local regulations, like leash laws and fenced property requirements, might show they took reasonable steps to prevent a bite from occurring.

While these defenses may not always absolve the owner of liability, they can significantly influence any settlement or court ruling. Consulting with dog bite lawyers is key to understanding how these defenses might apply in a given jurisdiction.

Statute of Limitations for Dog Bite Claims

The statute of limitations is a legal deadline dictating how long an injured party has to file a lawsuit. If they miss this filing window, they typically lose the right to seek compensation for their injuries. 

Specific timelines vary by state; for instance, Washington and Idaho each have different rules for personal injury claims, but 2 to 3 years from the date of the bite is common. 

Some factors that can affect these time limits include:

• Minor Victims: When the victim is a minor, the clock may not start until they reach the age of majority.
• Discovery Rule: In rare instances, if the harm or injury isn’t discovered until later, the time to file might begin when the injury is identified.

Because missing the statute of limitations can foreclose legal options altogether, it’s wise for anyone injured in a dog bite incident to consult a dog bite lawyer promptly. This ensures they preserve their rights and gather evidence while it’s still fresh.

How a Dog Bite Lawyer Can Help

Hiring an experienced dog bite attorney can be a crucial step toward protecting yourself from unwarranted legal exposure. Dog bite claims can involve complex statutes and differing legal interpretations from state to state. 

By working with seasoned dog bite lawyers, you benefit from:

• Evaluating Your Case: An experienced dog bite lawyer will begin by assessing all the evidence: the scene of the incident, your dog’s history, witness accounts, and any available video recordings. They’ll advise you on your legal exposure under property owner dog bite liability and whether state-specific defenses (like one-bite rules) apply.
• Negotiations and Settlement: It’s common for these cases to resolve through settlement negotiations with the injured party and their legal counsel, or with insurance companies. Seasoned dog bite lawyers bring knowledge of claim valuation – calculating potential damages for medical treatment, pain and suffering, lost wages, etc. – and will strive to secure a settlement that protects both your financial and personal interests.
• Trial Representation: If negotiations fail, a lawsuit may proceed to court. Having a dog bite attorney ensures your side of the story is effectively presented to a judge or jury. This representation can significantly impact whether you are found liable, as well as the magnitude of any damages awarded.

If you find yourself unsure about your rights or next steps, consult with attorneys who handle dog bite cases. 

Legal Representation for Injured Persons in Dog Bite Cases

There’s no sugarcoating the anxiety and potential costs associated with a dog bites someone on your property incident. Whether you’re a property owner grappling with the immediate aftermath or a victim seeking justice, the emotional and financial strain can be overwhelming. 

While the discussion here has highlighted potential defenses for property owners, it’s critical to remember that Craig Swapp & Associates stands firmly on the side of injured individuals. If you or a loved one has suffered harm from a dog bite – especially in states like Washington, Idaho, and other locations our firm is located – don’t hesitate to seek professional legal counsel. 

With a thorough understanding of personal injury litigation and an unwavering commitment to clients, our dog bite lawyers can help ensure that you understand your rights, protect your interests, and secure the compensation and closure you deserve. Call our office today at 800-404-9000 or fill out our contact form for a free consultation.