Dogs can be wonderful family pets, great companions, and loyal friends. However, dogs can also bite – either when provoked or in some rare cases, at random.
If a dog bites you, you may be able to recover mental and emotional damages from the dog’s owner with representation from a dog bite attorney. This is especially true if you were bitten by a dog when on the landowner’s property and the landowner failed to either warn you or exercise reasonable care in assuring your safety around their dog.
Dog bite laws.
These laws can vary by state. In some states, a strict liability standard is imposed – if an owner has a dog that they should know will bite, they are liable. In other states, dog bite law is based in part on premises liability law, which dictates that landowners must provide reasonable protection for visitors to their property. When dog bite law is based on premise liability law, the land owner has a duty to either protect guests from things they should reasonably know are hazardous, or to warn guests or eliminate the hazard.
Thus, if you are invited to someone’s land, either to do business (as an invitee) or as a non-commercial guest (a licensee), the person who invited you has a duty to ensure that there are no unreasonable dangers. A dog that is prone to biting is considered a significant danger. If, on the other hand, you are trespassing on someone else’s land, you may not be able to recover if their dog bites you in states that base dog bite laws on premises liability.
Other states have dog bite laws that are neither based on premises liability nor strict liability principles. In these states, the court will consider factors such as whether the dog has exhibited a tendency to bite and the circumstances surrounding the bite.
What must an owner pay for?
Dog owners are typically required to pay for your medical bills if their dog injures you. They may also be responsible for your lost wages if you were unable to go to work after being bitten by a dog. According to the World Animal Foundation, dog bite claims are estimated to account for $1.57 billion in homeowners’ insurance claims in 2024.
If the dog that bit you has bitten someone before, the owner may also have to pay punitive damages or double or triple the amount of the actual damages that you suffered, depending on the jurisdiction in which the dog bite occurs. This additional penalty is imposed because the owner’s behavior was even more negligent if they knew their dog was dangerous and failed to take adequate steps to protect you, as a visitor to their home. Rasansky | McKenzie Law specializes in dog bite injuries and premise liability cases. Call (214) 651-6100 or contact us to schedule a complimentary consultation.
Dog bite injuries can range from mild, such as lacerations or cuts, to severe injuries and, in some cases, even death. Common injuries include puncture wounds, cuts or scrapes, tissue loss, blood loss, bone fractures, sprains or strains, infections, and scars.