Case Types7 min readSeptember 1, 2021

Dog Bite Lawsuits: Liability, Damages, and What to Realistically Expect

Dog bite injuries can be severe and traumatic. Here's how liability works, what damages you can recover, and what to expect.

By Frontier Legal Funding Team

Dog bite injuries are more common and more serious than many people realize. According to public health data, millions of Americans are bitten by dogs each year, and a significant number of those bites require emergency medical treatment. For those who suffer severe injuries, the legal process of pursuing compensation can be confusing and drawn out. Here is what you need to know about dog bite lawsuits, from liability rules to realistic expectations about damages and timelines.

Key Takeaways

  • Dog bite liability laws vary by state, with some states following strict liability rules and others requiring proof that the owner knew the dog was dangerous.
  • Damages in dog bite cases can include medical expenses, lost wages, pain and suffering, and in severe cases, compensation for scarring or disfigurement.
  • Homeowner's or renter's insurance often covers dog bite claims, which is typically where the compensation comes from.
  • Children are the most common victims of serious dog bite injuries, and claims involving minors have specific legal considerations.
  • Cases involving severe injuries or disputed liability can take months or years to resolve.

How Liability Works in Dog Bite Cases

Dog bite liability depends heavily on the state where the incident occurred. Broadly speaking, states fall into two categories.

Strict liability states hold dog owners responsible for bite injuries regardless of whether the owner knew the dog was aggressive. In these states, the victim does not need to prove the owner was negligent. The fact that the dog bit someone is enough to establish liability. States like California, New Jersey, and Illinois follow strict liability rules for dog bites.

One-bite rule states take a different approach. In these jurisdictions, the dog owner may not be held liable unless there is evidence that the owner knew or should have known the dog was dangerous. This often means proving the dog had bitten someone before or had displayed aggressive behavior. States like New York and Texas historically follow some version of this rule, though local ordinances can modify it.

Regardless of the state, certain defenses are commonly raised. If the victim was trespassing, provoking the dog, or committing a crime at the time of the bite, the owner's liability may be reduced or eliminated.

Common Injuries and Medical Treatment

Dog bites can cause a wide range of injuries, from minor puncture wounds to life-threatening damage. Common injuries include deep lacerations, crush injuries from the force of the bite, nerve damage, broken bones in the hands and arms, and severe infections. Dog mouths carry bacteria that can cause infections requiring hospitalization and intravenous antibiotics.

One of the most significant categories of harm in dog bite cases is scarring and disfigurement, particularly when bites occur on the face, neck, or hands. Reconstructive surgery may be necessary, sometimes requiring multiple procedures over months or years. The psychological impact, including post-traumatic stress, anxiety around animals, and nightmares, is also a real and compensable component of these cases.

Damages You Can Recover

Successful dog bite claims typically recover several categories of damages. Economic damages cover your medical bills, including emergency room visits, surgeries, medications, physical therapy, and future medical care. Lost wages and reduced earning capacity are also included if the injury prevents you from working.

Non-economic damages compensate for pain and suffering, emotional distress, scarring and disfigurement, and loss of enjoyment of life. In cases involving children, these non-economic damages can be substantial because of the long-term psychological and cosmetic impact.

In rare cases involving extreme recklessness, such as an owner who knew a dog was dangerous and deliberately allowed it to roam free, punitive damages may also be available.

The Role of Insurance

Most dog bite claims are paid through the dog owner's homeowner's or renter's insurance policy. These policies typically include liability coverage that extends to dog bite incidents. However, some insurance policies exclude certain breeds or exclude coverage after a prior bite incident.

If the dog owner has no insurance, collecting on a judgment becomes significantly more difficult. Your attorney will investigate the available insurance coverage early in the process to determine whether pursuing a claim is financially viable.

What to Expect From the Legal Process

Dog bite cases follow the same general process as other [personal injury claims](/case-types/slip-and-fall). You file a claim, gather evidence including medical records and witness statements, and attempt to negotiate a settlement with the insurance company. If a settlement cannot be reached, the case proceeds to litigation.

Straightforward cases with clear liability and documented injuries often settle within several months. Disputed cases, especially those involving the one-bite rule or allegations of provocation, can take significantly longer. During this time, medical bills and lost income can create serious financial pressure.

Financial Support While Your Case Is Pending

If your dog bite case is taking longer than expected to resolve, you do not have to settle early out of financial desperation. Frontier Legal Funding offers [pre-settlement funding](/how-it-works) to help plaintiffs cover expenses while waiting for a fair outcome. Since funding is non-recourse, you owe nothing if your case does not succeed.

Moving Forward After a Dog Bite Injury

Dog bite injuries can be physically painful, emotionally traumatic, and financially draining. Understanding the liability rules in your state and the damages available to you is the first step toward fair compensation. If you are pursuing a dog bite claim and need financial assistance during the process, visit [frontierlegalfunding.com](https://frontierlegalfunding.com) to explore your options and apply for funding today.

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