What if my dog bites someone on my property?
Last month we looked at affordable and effective solutions for keeping your dog in your yard, even while keeping your yard unfenced for economic or aesthetic reasons (see For Want of a Fence, a Dog was Lost). We stressed the importance of confinement for the safety of your animal from being stolen or running away, as well as the safety of others if your dog gets loose and bites or attacks someone. If the latter does happen, what exactly is your liability to a dog bite victim? Does it matter whether the attack occurred out in public or on your own property? What if the victim was trespassing on your property or provoked your dog? All of these factors come into play when it comes to liability for dog bites, with different outcomes depending on the law in your state.
Dog Bite Victims Suffer Pain, Trauma, and May Deserve Compensation
Dog bites can cause significant, and costly, injuries. Dog bites can cause severe lacerations and permanent scarring or disfigurement, as well as broken bones, infections and nerve damage. Dog bites and animal attacks can even be fatal and do in fact result in dozens of deaths each year. Dog bite victims may try to hold the dog’s owner liable for their damages in a civil lawsuit. In this context, “damages” includes not only medical costs, but also lost wages if the victim had to miss work due to the injury or was disabled, along with “damages” for pain and suffering, mental anguish and emotional distress, and psychological injuries which may result from a traumatic attack. Dog bite lawsuits can end in costly settlements or judgments, with the costs in most cases borne by the dog owner’s homeowners’ insurance or umbrella insurance policy.
“Strict Liability” versus “One Free Bite”
Depending on the state where you live, dog owners may be held “strictly liable” for injuries caused by their pets, or they may only be liable if they knew the dog was aggressive and were negligent regarding other people’s safety.
Most states, about 36, follow the “strict liability” approach. Strict liability is a legal term that means dog bite victims do not have to prove that the dog’s owner was negligent in the way the dog was kept. Instead, dog owners are held strictly liable for the damages caused when their dog bites another person, regardless of whether the dog had shown any previous signs of violence. States with strict liability dog bite laws, such as New Jersey and California, hold the owner strictly liable for any bite that occurs on public property, or on private property if the victim was lawfully on the property at the time.
A significant minority of states follow a different approach. In these states, dog owners are not automatically held liable for their dogs’ actions if they had no previous knowledge that the dog might be vicious or bite someone. For this reason, people sometimes say the dog gets “one free bite” before the owner will be held strictly liable.
Even if the owner in a “one free bite” state had no knowledge of the animal’s vicious propensities, the owner can still be liable if the victim can prove the owner was negligent in the keeping or handling of the dog. For instance, allowing the dog to roam free in an unfenced yard or off-leash in public may be considered negligent, as well as a violation of state law and local ordinances. In New York, owners can be held strictly liable for medical costs that result from a dog bite, but they are only liable for other damages, such as pain and suffering, if the victim can prove the owner knew the dog was dangerous.
Do Dog Owners Have any Defenses in Personal Injury Lawsuits?
The two main defenses to liability for a dog bite are 1) trespassing and 2) provocation. If the attack occurs on your own property, most states will only hold you liable if the victim was lawfully on your property at the time and not trespassing. Different states have different definitions of what constitutes trespassing, and it may not be so easy to prove someone was trespassing. Having a locked gate and posting no trespassing signs can help, but they may not be ironclad protection. Additionally, “no soliciting” signs might keep away salespeople, but they can’t stop persons from coming to your door to exercise their free speech rights (such as political campaigners or religious proselytizers). The local laws in your state and city will help determine who is and isn’t a trespasser. In Florida, posting a “Bad Dog” sign in your yard can exempt you from strict liability for a dog bite, except as to victims under six years old, and it still will not protect you if you are otherwise negligent in the way you keep the dog.
Dog owners may also escape liability if they can prove their animal was provoked by the victim, such as by being taunted or if the victim acted aggressively toward the dog or its owner. Merely entering on the property, however, will probably not be considered provocation that justifies an attack.
If you are injured by a dog bite, it’s wise to speak with an experienced personal injury attorney to discuss your options, including filing a claim, negotiating a settlement or taking the owner to court. Most personal injury lawyers offer a free consultation to evaluate your claim, and if they take your case, their fee is paid out from the settlement or judgment they obtain for you. If you are the dog owner, notify your insurance company as soon as possible after the attack. Your homeowner’s or renter’s insurance should provide liability coverage in this instance, as will any umbrella insurance policy you may own. The insurance company should represent you for free and pay any damages up to your policy limits, but you need to comply with their rules by giving them prompt notice of a potential claim, even if you haven’t yet heard from the victim about a possible lawsuit.