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.

BMT Legal Team BMT Legal Team · 📅 Feb 2026 · ⏱️ 6 min read · LEGAL › LIABILITY
Avg Cost
$60k+
Per Claim (2026)Fact
Risk
Strict
Owner Pays 100%Warn
Policy
Breed
Exclusions ApplyCheck

1. The Rule: Strict Liability vs. One-Bite

Geography determines your fate.

The Two Legal Standards
1. Strict Liability (The New Standard): Did your dog bite? Was the victim legally on the property? If yes, you are liable. The dog’s history is irrelevant.
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
Call Animal Control & Doctor
Week 1 Notify
Owner must alert Insurance
Year 1-2 Sue
Statute of Limitations Expires
Planning Note
If you own a dog, it is generally critical to check your Homeowners Insurance “Declarations Page” to ensure there is no “Animal Liability Exclusion” or specific breed ban that would leave you personally bankrupt after a bite.

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.

6. Frequently Asked Questions

Does “Beware of Dog” sign help?
It depends. In some states, a sign can protect you (Warning). In others, it can be used against you as proof that you knew the dog was dangerous.
What if it happens at a dog park?
Owner is still liable. Being in an “off-leash” area does not absolve the owner of responsibility for their dog’s aggression.