Dog Bite Liability: Are You Responsible if Fido Bites?
“He’s never bitten anyone before!” is no longer a valid legal defense in most of America. While some states still adhere to the old “One-Bite Rule” (where you get a pass on the first incident), the majority have moved to “Strict Liability.” This means if your dog bites someone, you pay—period. Here is how the laws differ by state and what your homeowners insurance actually covers.
1. The Rule: Strict Liability vs. One-Bite
Geography determines your fate.
2. One-Bite Rule (The Old Standard): The victim must prove you were negligent. If you didn’t know the dog was dangerous, you might escape liability for the first incident.
2. State-by-State Risk (Checklist)
Check which category your state falls into.
| Category | States (Examples) | Owner Risk Level |
|---|---|---|
| Strict Liability | CA, FL, MI, NJ, MA, KY, WA. | Extreme. You pay for the first bite, even if you used a leash. |
| One-Bite / Negligence | TX, VA, NV, MS, ND, AR, KS. | Medium. Victim must prove you knew the dog was risky. |
| Mixed / Hybrid | NY (Strict for medical bills, One-Bite for other damages). | High. You still pay medical costs automatically. |
3. Timeline: The Claim Process
If you are bitten, the clock starts ticking immediately. If you are the owner, silence is not a strategy.
| Timeframe | Action | Critical Step |
|---|---|---|
| Day 0-1 | Report | |
| Week 1 | Notify | |
| Year 1-2 | Sue |
4. Strategy: The “Provocation” Defense
Even in Strict Liability states, owners have one main defense.
- The Defense: If the victim provoked the dog (teasing, hitting, or trespassing), the owner may not be liable.
- The Trespasser: Generally, burglars or people entering your property illegally cannot sue if they get bitten (though rules vary for children).
- The Child Exception: Courts often rule that young children (e.g., under 5) are incapable of “provocation” or “negligence,” meaning the owner is almost always liable.
5. Warning: The “Uninsured” Breed
Your policy might be worthless.
⛔ The Blacklist
Many insurers secretly exclude specific breeds.
- Common Exclusions: Pit Bulls, Rottweilers, Dobermans, German Shepherds, Akitas.
- The Trap: If your policy has this exclusion and your Rottweiler bites someone, the insurance company denies the claim. You pay the $50,000+ settlement out of your own pocket.