Dog Bite Laws by State
By Amber Sheppard, Esq. | Legally reviewed by Amber Sheppard, Esq. | Last reviewed August 29, 2023
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We've all heard stories about dog bite cases. When a dog bites or injures a person, the dog bite victim looks to hold someone accountable ("responsible"). The person responsible pays for their injuries. Injuries include economic damages, medical bills, property damage, and pain and suffering after the attack. Common law or statutory rules hold the owner of a dog accountable. Landlords or property owners can also be responsible in some situations.
In many dog bite statute states, the owners are strictly liable for any dog bites that take place. This means that no matter why a dog bites someone, that owner is responsible.
Other states allow the dog "one free bite." This means an owner is not liable for the first attack by that dog. There is a catch to this rule. If the owner knew their dog might bite or attack someone, then the "one free bite" rule does not apply.
What happens if your state does not have a strict liability statute? You can still find an owner at fault and prove their liability. These cases can get complicated quickly. That's why you should consult a dog bite injury lawyer and file a dog bite report as soon as possible.
Several cities, like Cabot, Arkansas, have leash laws to help protect citizens from injuries related to a canine. If the owner isn't following the leash law or allowing the dog to run "at large," then they can be liable for injuries. The owner may also face misdemeanor criminal charges for violating the local law.
Below, you will find a list of dog bite laws in all 50 states and the District of Columbia. This list includes state statutes, strict liability, one bite rule, and comparative negligence. Remember, state dog bite laws are a combination of local and state laws and are subject to change. It is a good idea to speak with a lawyer who specializes in animal bite laws in your area before filing a lawsuit or making a claim with an insurance company.
State |
Statute |
Owner Strictly Liable? |
Additional Provision |
Alabama |
Yes, if it happens on the owner's property |
|
|
Alaska |
None |
N/A |
The owner will be held liable under normal negligence laws or if the owner knew of the dog's dangerous propensities |
Arizona |
Yes, when the person is either in public or lawfully on private property |
Provocation is a defense and applies to police dogs |
|
Arkansas |
None |
N/A |
|
California |
Yes, if the bite occurs on public property or the victim was lawfully on private property |
|
|
Colorado |
Strict liability only if the victim suffers serious bodily injury; Otherwise, one bite rule or proof of owner's knowledge of dog's "dangerous propensity" |
Exceptions to owner liability include provoking the dog, the person is trespassing, there is a "no trespass" or "beware of dog sign," and others |
|
Connecticut |
Strict liability unless the person was trespassing, committing a tort, or abusing the dog |
|
|
Delaware |
Strict liability unless the person was trespassing, committing a crime or tort, or teasing/abusing the dog on the owner's property |
|
|
District of Columbia |
The owner is strictly liable if the dog is "at large," meaning off leash in a public space or not under the owner's control |
Contributory negligence applies to the victim's actions and can bar any recovery |
|
Florida |
Strict liability unless the person is trespassing or committing a crime or tort on the owner's private property or there is a visible "Bad Dog" sign on display |
Comparative fault of the victim reduces damages by the percentage the victim is found liable |
|
Georgia |
The owner is liable only if the dog is considered a "dangerous animal," off-leash, or not under control |
The vicious propensity of the animal should be proven |
|
Hawaii |
The owner is liable for damages when negligent unless it meets an exception |
Exceptions include victim provocation, abuse of dog, or trespassing |
|
Idaho |
One bite rule unless: The person is trespassing or committing a crime or tort on the owner's private property The person currently or previously abused the dog The dog was protecting someone else The dog was protecting its babies from harm The victim was interfering with a hunting dog The victim got in between an animal fight The dog was a service animal |
|
|
Illinois |
Strict liability |
Exceptions if the victim was trespassing or provoking the dog |
|
Indiana |
Strict liability if the victim was in a location where they were required to be in order to discharge a duty under federal or state law (such as a mail carrier) |
In all other circumstances, the owner is held liable even if they did not have knowledge of the dog's dangerous propensities |
|
Iowa |
The dog owner is liable if the dog is "caught in the act of worrying, maiming, or killing a domestic animal," or if the dog is attacking or trying to bite a person |
|
|
Kansas |
N/A |
One bite rule; The dog owner may be liable only if they had knowledge of the dog's vicious propensities, or if they acted negligently |
N/A |
Kentucky |
The dog owner is strictly liable for any damage to a person, livestock, or other property |
Any dog declared dangerous by a Kentucky court must be kept in a location secure from other people |
|
Louisiana |
Strict liability for damages to persons or property caused by the dog which the owner could have prevented and that did not result from the injured person's provocation of the dog |
The victim may have to prove the owner could have prevented the incident |
|
Maine |
The owner is strictly liable when the dog bite occurs off the owner's premises or property |
|
|
Maryland |
The dog owner is strictly liable for any injury, death, or loss to person or property that is caused by the dog when the dog is running at large (not on the owner's property) |
The owner may not be liable if the victim was trespassing or attempting to trespass on the owner's property or committing or attempting to commit another crime; or provoking, abusing, teasing, or tormenting the dog |
|
Massachusetts |
The dog owner will be held strictly liable for damages caused by their dog unless the victim was trespassing, teasing, or tormenting the animal |
If the victim is under the age of seven years old, the presumption is that there was no trespass or provocation |
|
Michigan |
The dog owner may be liable for all damages resulting from a dog bite when the victim is either on public property or lawfully on private property |
Strict liability applies as long as the victim did not provoke the dog |
|
Minnesota |
The dog owner is held strictly liable if the dog "attacks or injures any person acting peaceably in any place where the person may lawfully be" |
|
|
Mississippi |
N/A |
One bite rule; The dog owner is only liable if they have knowledge of their dog's vicious propensities |
N/A |
Missouri |
The dog owner is liable if the injured person was on public property or was lawfully on private property, and the injured person did not provoke the dog to bite |
|
|
Montana |
The dog owner is strictly liable for damages caused by their dog if the incident occurred in an incorporated town or city |
N/A |
|
Nebraska |
Strict liability for dog owners unless exceptions apply |
|
|
Nevada |
N/A |
The dog owner has liability if the victim can prove that the dog owner's negligence led to the dog bite injury |
N/A |
New Hampshire |
The dog keeper and owner are held strictly liable for all physical damage caused by their dog unless the victim was trespassing or committing a tort |
N/A |
|
New Jersey |
The dog owner is held strictly liable when the victim is lawfully on private property or public property when the dog bite occurs |
N/A |
|
New Mexico |
N/A |
|
N/A |
New York |
|
If the victim claims damages that are not medical, they must prove the dog's owner was negligent |
|
North Carolina |
|
Strict liability for a “dangerous dog," defined as a dog that:
|
|
North Dakota |
The dog owner can be liable for damages, if the victim can prove that the dog owner was negligent and negligence caused the injury |
N/A |
|
Ohio |
The dog owner is strictly liable if the dog's behavior caused the injury, the injured person was not committing (or trying to commit) a crime, the injured person was not trespassing, and the injured person did not tease, torment, or abuse the dog in order to provoke it |
N/A |
|
Oklahoma |
The dog owner is strictly liable for dog bites if the injured person did not provoke the dog and the injured person was in a place they had a lawful right to be |
N/A |
|
Oregon |
Strict liability |
|
|
Pennsylvania |
|
PA law describes a "severe injury" as "any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery" |
|
Rhode Island |
The dog owner will be held liable for all damages unless the dog was confined or on his own property (that had a fence) |
If this is the second time a dog owner is held liable for dog bite injuries, they will be fined |
|
South Carolina |
The dog owner will be liable for all damages if the victim was on public property or lawfully on private property |
N/A |
|
South Dakota |
N/A |
The dog owner will be liable if the victim can prove that the owner knew, or should have known, of the dog's dangerous propensities, or if the owner was negligent |
N/A |
Tennessee |
The dog owner is liable for all damages, regardless of prior knowledge of the dog's vicious propensities |
The dog owner may not be held liable if the victim was a trespasser, the dog was protecting a person from injury, or was a police dog acting in an official capacity |
|
Texas |
The dog owner will be liable if the victim can prove that the owner had knowledge of the dog's dangerous propensities, was negligent, a leash law was violated, or the owner caused the injury |
N/A |
|
Utah |
The dog owner is strictly liable unless the victim was trespassing, the dog was secured in a fence or enclosure, or the injury occurred to another animal |
No state nor any county, city, or town, or peace officer will be held liable for injuries caused by law enforcement animals if the animal was following a written policy by the agency |
|
Vermont |
N/A |
The dog owner may be held liable if the victim can prove the owner had prior knowledge of the dog's dangerous propensities |
N/A |
Virginia |
One bite rule; A dog owner may be liable if the owner knew or should have known the dog might act aggressively |
|
|
Washington |
The owner is strictly liable if the person was lawfully on private property or public property when the bite occurs |
Law enforcement animals are not subject to strict liability laws |
|
West Virginia |
The owner is held strictly liable if the dog is "running at large" |
N/A |
|
Wisconsin |
Wis. Stat. § 174.02(1)(a) – First Bite Wis. Stat. § 174.02(1)(b) – Second Bite |
|
Second bite: The dog owner is strictly liable for two times the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal, or property |
Wyoming |
N/A |
The dog owner will be liable if the victim can prove negligence or knowledge of the dog's dangerous propensities |
Comparative fault |
Note: State laws are always subject to change. This happens through the enactment of new legislation and also court decisions. Contact a dog bite lawyer or conduct your own legal research to verify the state law(s) you are researching.
Contact an Attorney About Dog Bite Issues
Dog bite laws vary by state and are often confusing combinations of the one bite rule, local laws, and case law. It can be hard to figure out when the owner of the dog is liable for their dog attack in your claim. But you don't have to do it alone. Speak with a local personal injury attorney about your legal rights and injury claims today.
Can I Solve This on My Own or Do I Need an Attorney?
- A lawyer can help seek fair compensation on your behalf
- Accident and injury claims are complex and insurance carriers have lawyers on their side
Get tailored legal advice and ask a lawyer questions about your accident. Many attorneys offer free consultations.
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