What Happens if a Dog Bites Someone on Your Property?

By FindLaw Staff | Legally reviewed by Robert Rafii, Esq. | Last updated October 31, 2022

What happens if a dog bites someone on your property? Whether invited guest, trespasser, or salesperson, you may be held liable in certain circumstances. It is also important to consider who would be liable for paying expenses related to a dog bite lawsuit.

Below you'll learn about the different scenarios in a dog bite lawsuit involving an incident on your property; this article also contains a brief primer on whether your homeowner's or renter's insurance will cover the alleged damages. Keep in mind, this is a general overview and each state has its own, unique dog bite laws and statutes. Be sure to check the laws in your state or contact a local attorney to learn more.

Premises Liability: What Standard of Care Do You Owe?

The first thing we should look at in a dog bite case on your property is premises liability. When a person enters your property they have a reasonable expectation they will not be injured. This is known as the "standard of care." A homeowner owes a certain standard of care to anyone on their property. This means the owner or occupier of the property, such as a renter, must maintain a reasonably safe environment for all persons entering the premises. This includes keeping potentially dangerous animals away from guests or being sure to put up warning signs about the animal's propensities.

Irrespective of the standard of care as it relates to potential negligence claims, many states and local municipalities have codified animal control responsibilities into law. For example, a dog owner may be strictly liable for dog bite injuries resulting from a failure to keep his or her dog on a leash as required by city code. In civil cases, strict liability claims mean that the plaintiff doesn't have to prove that the defendant acted in a careless (negligent) manner in order to recover damages for injuries.

Invited Guests and Others

In most situations, dog owners owe a duty of reasonable care to anyone lawfully on their property. If the injured person can show the owner's negligence or failure to use reasonable care in restraining the dog or warning of the dog's dangerous propensities (e.g. by not using leashes or muzzles) , they may sue for damages in many states.

Trespassers

You may find it shocking to know that the law in a minority of states actually allows trespassers who are bitten by your dog on your property to bring a lawsuit, but this is only true if an animal owner has acted unreasonably under the circumstances or created an attractive nuisance that has resulted in harm to children. It will ultimately depend on both the state you are in and whether or not there is a dog bite statute in place that protects owners from liability to trespassers. For instance, Florida's dog bite statute only allows persons to sue the owner or occupier if they are bitten by a dog and that person is in a public place or lawfully in a private place. Simply put, a person is not lawfully in a private place if they are trespassing, attempting to commit a burglary, or other criminal offense. Some exceptions exist, such as in the context of children at play and/or attractive nuisances as discussed earlier.

Dangerous Propensities

If your Chihuahua Daffodil has sunk her teeth into people in the past, you are on notice that she can be considered dangerous under the law. In that case, if Dangerous Daffodil bites someone on your property, the homeowner or occupier may be held strictly liable. A safeguard against this, however, may be to put up a warning sign, indicating there is a dangerous dog on the property. Additionally, pet owners may wish to use leashes and/or muzzles, which may sometimes be required by local law as to dangerous animals.

Who Pays When Fido Bites?

One important tip is that if you do own a dog and are concerned about being held liable if they bite another person, you may want to consider homeowner's or renter's insurance. Most policies have some form of coverage available in the event you are sued due to an animal bite on your property. There are also certain types of pet insurance policies you may be able to get to cover these incidents. Ultimately, if you have neither of these, you can be held personally liable if you lose a lawsuit against an injured party.