{"id":353449,"date":"2017-02-14T15:30:38","date_gmt":"2017-02-14T20:30:38","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/dog-bite-laws-by-state.html"},"modified":"2023-08-29T11:51:39","modified_gmt":"2023-08-29T16:51:39","slug":"dog-bite-laws-by-state","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/dog-bite-laws-by-state.html","title":{"rendered":"Dog Bite Laws by State"},"content":{"rendered":"\n
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Dog Bite Laws by State<\/h1>\n\n
\n
\n By Amber Sheppard, Esq.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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After a dog bites you or your child, your legal options depend on the state. State laws often specify the circumstances that make the owner liable for injuries. In other states, you may need to prove that the dog was dangerous.<\/p>\n\n <\/div>\n\n\n\n

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.<\/p>\n

The person responsible\u00a0pays for their injuries<\/a>. Injuries include economic damages, medical bills, property damage, and pain and suffering after the attack.\u00a0Common law<\/a>\u00a0or statutory rules hold the owner of a dog accountable.\u00a0Landlords or property owners<\/a>\u00a0can also be responsible in some situations.<\/p>\n

Dog bite laws are a combination of local and state laws, which are subject to change. It is a good idea to speak with a lawyer who specializes in animal bite laws<\/a> in your area before filing a lawsuit or making a claim with an insurance company.<\/p>\n

Laws Can Determine Dog Bite Liability<\/h2>\n

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.<\/p>\n

Other states allow the dog “one free bite<\/a>.” 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.<\/p>\n

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\u00a0dog bite injury lawyer<\/a>\u00a0and\u00a0file a dog bite report<\/a>\u00a0as soon as possible.<\/p>\n

Local Leash Laws<\/h2>\n

Several cities, like\u00a0Cabot, Arkansas<\/a>, have\u00a0leash laws<\/a>\u00a0to 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.<\/p>\n

State Dog Bite Laws<\/h2>\n

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\u00a0comparative negligence<\/a>.<\/p>\n

You can also find the time limit for filing a dog bite claim under your state’s statute of limitations<\/a>.<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
\n

State<\/b><\/p>\n<\/td>\n

\n

Statute<\/b><\/p>\n<\/td>\n

\n

Owner Strictly Liable?<\/b><\/p>\n<\/td>\n

\n

Additional Provision<\/b><\/p>\n<\/td>\n<\/tr>\n

\n

Alabama<\/b><\/p>\n<\/td>\n

\n

Ala. Code \u00a7 3-6-1<\/a><\/p>\n

Ala. Code \u00a7 3-6-33<\/a><\/p>\n<\/td>\n

\n

Yes, if it happens on the owner’s property<\/p>\n<\/td>\n

\n
    \n
  • Provocation exception<\/li>\n
  • The owner can mitigate damages if they did not know the dog was dangerous<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Alaska<\/b><\/p>\n<\/td>\n

\n

None<\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n

\n

The owner will be held liable under normal negligence laws or if the owner knew of the dog’s dangerous propensities<\/p>\n<\/td>\n<\/tr>\n

\n

Arizona<\/b><\/p>\n<\/td>\n

\n

Ariz. Rev. Stat. \u00a7\u00a7 11-1020<\/a>,\u00a011-1025<\/a>,\u00a011-1026<\/a><\/p>\n<\/td>\n

\n

Yes, when the person is either in public or lawfully on private property<\/p>\n<\/td>\n

\n

Provocation is a defense and applies to\u00a0police dogs<\/a><\/p>\n<\/td>\n<\/tr>\n

\n

Arkansas<\/b><\/p>\n<\/td>\n

\n

None<\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n

\n
\n

California<\/b><\/p>\n<\/td>\n

\n

Cal. Civ. Code \u00a7 3342<\/a><\/p>\n<\/td>\n

\n

Yes, if the bite occurs on public property or the victim was lawfully on private property<\/p>\n<\/td>\n

\n
\n

Colorado<\/b><\/p>\n<\/td>\n

\n

Colo. Rev. Stat. \u00a7 13-21-124<\/a><\/p>\n<\/td>\n

\n

Strict liability only if the victim suffers\u00a0serious bodily injury;\u00a0<\/i>Otherwise, one bite rule or proof of owner’s knowledge of dog’s “dangerous propensity”<\/p>\n<\/td>\n

\n

Exceptions to owner liability include provoking the dog, the person is trespassing, there is a “no trespass” or “beware of dog sign,” and others<\/p>\n<\/td>\n<\/tr>\n

\n

Connecticut<\/b><\/p>\n<\/td>\n

\n

Conn. Gen. Stat. \u00a7 22-357<\/a><\/p>\n<\/td>\n

\n

Strict liability unless the person was trespassing, committing a tort, or abusing the dog<\/p>\n<\/td>\n

\n
    \n
  • If the victim is under the age of seven years old, there is a presumption against trespass\/tort<\/li>\n
  • Unable to bring a suit against a member of a police dog’s handler’s household unless the victim proves with evidence that the household member had exclusive control of the animal at the time the injury occurred<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Delaware<\/b><\/p>\n<\/td>\n

\n

Del. Code Ann. \u00a7 16:3074<\/a><\/p>\n<\/td>\n

\n

Strict liability unless the person was trespassing, committing a crime or tort, or teasing\/abusing the dog on the owner’s property<\/p>\n<\/td>\n

\n
    \n
  • The dog is not dangerous if it is “protecting or defending another person” near it<\/li>\n
  • Police dogs are not liable if an injury occurs while working<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

District of Columbia<\/b><\/p>\n<\/td>\n

\n

D.C. Code Ann. \u00a7 8-1808<\/a>,\u00a0\u00a7\u00a7 8-1901-1908<\/a><\/p>\n<\/td>\n

\n

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<\/p>\n<\/td>\n

\n

Contributory negligence<\/a>\u00a0applies to the victim’s actions and can bar any recovery<\/p>\n<\/td>\n<\/tr>\n

\n

Florida<\/b><\/p>\n<\/td>\n

\n

Fla. Stat. Ann. \u00a7\u00a7767.01<\/a>,\u00a0767.04<\/a><\/p>\n<\/td>\n

\n

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<\/p>\n<\/td>\n

\n

Comparative fault of the victim reduces damages by the percentage the victim is found liable<\/p>\n<\/td>\n<\/tr>\n

\n

Georgia<\/b><\/p>\n<\/td>\n

\n

Ga. Code Title. \u00a7 51-2-7<\/a><\/p>\n<\/td>\n

\n

The owner is liable only if the dog is considered a “dangerous animal,” off-leash, or not under control<\/p>\n<\/td>\n

\n

The vicious propensity of the animal should be proven<\/p>\n<\/td>\n<\/tr>\n

\n

Hawaii<\/b><\/p>\n<\/td>\n

\n

Haw. Rev. Stat. Ann. \u00a7 663-9<\/a><\/p>\n<\/td>\n

\n

The owner is liable for damages when negligent unless it meets an exception<\/p>\n<\/td>\n

\n

Exceptions include victim provocation, abuse of dog, or trespassing<\/p>\n<\/td>\n<\/tr>\n

\n

Idaho<\/b><\/p>\n<\/td>\n

\n

Idaho Code 25-2810<\/a><\/p>\n<\/td>\n

\n

One bite rule unless:<\/p>\n

The person is trespassing or committing a crime or tort on the owner’s private property<\/p>\n

The person currently or previously abused the dog<\/p>\n

The dog was protecting someone else<\/p>\n

The dog was protecting its babies from harm<\/p>\n

The victim was interfering with a hunting dog<\/p>\n

The victim got in between an animal fight<\/p>\n

The dog was a service animal<\/p>\n<\/td>\n

\n
    \n
  • The owner may be liable if they knew of the dog’s dangerous propensities<\/li>\n
  • “Justified provocation” of the dog precludes an award of damages<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Illinois<\/b><\/p>\n<\/td>\n

\n

510 I.L.C.S. 5\/16 \u00a7 16<\/a><\/p>\n<\/td>\n

\n

Strict liability<\/p>\n<\/td>\n

\n

Exceptions if the victim was trespassing or provoking the dog<\/p>\n<\/td>\n<\/tr>\n

\n

Indiana<\/b><\/p>\n<\/td>\n

\n

Ind. Code 15-20-1-3<\/a><\/p>\n<\/td>\n

\n

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)<\/p>\n<\/td>\n

\n

In all other circumstances, the owner is held liable even if they did not have knowledge of the dog’s dangerous propensities<\/p>\n<\/td>\n<\/tr>\n

\n

Iowa<\/b><\/p>\n<\/td>\n

\n

Iowa Code Ann. \u00a7 351.28<\/a><\/p>\n<\/td>\n

\n

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<\/p>\n<\/td>\n

\n
    \n
  • The dog owner may not be liable if the victim was committing an unlawful act that caused the injury<\/li>\n
  • The dog owner is not liable if the dog attacked because it had rabies (“hydrophobia”) unless the dog’s owner knew the dog had rabies but failed to use “reasonable effort” to prevent the dog from harming others<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Kansas<\/b><\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n

\n

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<\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n<\/tr>\n

\n

Kentucky<\/b><\/p>\n<\/td>\n

\n

Ky. Rev. Stat. \u00a7 258.235<\/a><\/p>\n<\/td>\n

\n

The dog owner is strictly liable for any damage to a person, livestock, or other property<\/p>\n<\/td>\n

\n

Any dog declared dangerous by a Kentucky court must be kept in a location secure from other people<\/p>\n

See\u00a0Kentucky Dog Bite Laws<\/a><\/p>\n<\/td>\n<\/tr>\n

\n

Louisiana<\/b><\/p>\n<\/td>\n

\n

La. C.C. Art. \u00a7 2321<\/a><\/p>\n<\/td>\n

\n

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<\/p>\n<\/td>\n

\n

The victim may have to prove the owner could have prevented the incident<\/p>\n<\/td>\n<\/tr>\n

\n

Maine<\/b><\/p>\n<\/td>\n

\n

Me. Rev. Stat. Ann. \u00a7 3961<\/a><\/p>\n<\/td>\n

\n

The owner is strictly liable when the dog bite occurs off the owner’s premises or property<\/p>\n<\/td>\n

\n
    \n
  • The injured person may have to show they were not at fault<\/li>\n
  • Damages can only be reduced if the injured person’s actions of fault exceed the dog’s actions<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Maryland<\/b><\/p>\n<\/td>\n

\n

Code of Maryland section 3-1901<\/a><\/p>\n<\/td>\n

\n

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)<\/p>\n<\/td>\n

\n

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<\/p>\n<\/td>\n<\/tr>\n

\n

Massachusetts<\/b><\/p>\n<\/td>\n

\n

Mass. Gen. Laws Ann. 140 \u00a7 155<\/a><\/p>\n<\/td>\n

\n

The dog owner will be held strictly liable for damages caused by their dog unless the victim was trespassing, teasing, or tormenting the animal<\/p>\n<\/td>\n

\n

If the victim is under the age of seven years old, the presumption is that there was no trespass or provocation<\/p>\n<\/td>\n<\/tr>\n

\n

Michigan<\/b><\/p>\n<\/td>\n

\n

Mich. Comp. Laws Ann. \u00a7 287.351<\/a><\/p>\n<\/td>\n

\n

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<\/p>\n<\/td>\n

\n

Strict liability applies as long as the victim did not provoke the dog<\/p>\n<\/td>\n<\/tr>\n

\n

Minnesota<\/b><\/p>\n<\/td>\n

\n

Minn. Stat. Ann. \u00a7 347.22<\/a><\/p>\n<\/td>\n

\n

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”<\/p>\n<\/td>\n

\n
    \n
  • Exceptions to liability: the victim not acting peaceably or unlawfully in a place where the bite takes place<\/li>\n
  • Any person keeping the dog can be secondarily liable along with the dog owner<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Mississippi<\/b><\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n

\n

One bite rule; The dog owner is only liable if they have knowledge of their dog’s vicious propensities<\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n<\/tr>\n

\n

Missouri<\/b><\/p>\n<\/td>\n

\n

Mo. Rev. Stat. \u00a7 273.036<\/a><\/p>\n<\/td>\n

\n

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<\/p>\n<\/td>\n

\n
    \n
  • The victim’s damages may be reduced by the percentage that they were at fault<\/li>\n
  • The owner held liable for a dog bite must pay a fine of $1,000.00<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Montana<\/b><\/p>\n<\/td>\n

\n

Mont. Code Ann. \u00a7 27-1-715<\/a><\/p>\n<\/td>\n

\n

The dog owner is strictly liable for damages caused by their dog if the incident occurred in an incorporated town or city<\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n<\/tr>\n

\n

Nebraska<\/b><\/p>\n<\/td>\n

\n

Neb. Rev. Stat. \u00a7 54-601<\/a><\/p>\n<\/td>\n

\n

Strict liability for dog owners unless exceptions apply<\/p>\n<\/td>\n

\n
    \n
  • Special exception: the owner is not liable if the injury happens through the dog’s playfulness or mischievousness, or the victim is a trespasser<\/li>\n
  • Police dogs are not liable if the injury occurs on the job and if their governmental agency had a written policy, they were following it<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Nevada<\/b><\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n

\n

The dog owner has liability if the victim can prove that the dog owner’s negligence led to the dog bite injury<\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n<\/tr>\n

\n

New Hampshire<\/b><\/p>\n<\/td>\n

\n

N.H. Rev. Stat. Ann. \u00a7 466:19<\/a><\/p>\n<\/td>\n

\n

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<\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n<\/tr>\n

\n

New Jersey<\/b><\/p>\n<\/td>\n

\n

N.J. Stat. Ann. \u00a7 4:19-16<\/a><\/p>\n<\/td>\n

\n

The dog owner is held strictly liable when the victim is lawfully on private property or public property when the dog bite occurs<\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n<\/tr>\n

\n

New Mexico<\/b><\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n

\n
    \n
  • The dog owner may be held strictly liable if they had prior knowledge of the dog’s vicious propensities<\/li>\n
  • The owner can also be held liable if they were negligent<\/li>\n<\/ul>\n<\/td>\n
\n

N\/A<\/p>\n<\/td>\n<\/tr>\n

\n

New York<\/b><\/p>\n<\/td>\n

\n

N.Y. Agriculture & Markets Law, \u00a7 123(10)<\/a><\/p>\n<\/td>\n

\n
    \n
  • The owner of a \u201cdangerous dog” is liable if the dog causes injuries to another person, livestock, or another person’s companion animal, like a disability service dog<\/li>\n
  • Exceptions include the dog coming to the aid or defense of a person during the commission or attempted commission of a violent felony in the first degree, criminal sexual act in the first degree, or kidnapping within the dwelling or property of the owner of the dog<\/li>\n<\/ul>\n<\/td>\n
\n

If the victim claims damages that are not medical, they must prove the dog’s owner was negligent<\/p>\n<\/td>\n<\/tr>\n

\n

North Carolina<\/b><\/p>\n<\/td>\n

\n

N.C. Gen. Stat. Ann. \u00a7 67-12, 67-4.4, 67-4.1<\/a><\/p>\n<\/td>\n

\n
    \n
  • The owner is strictly liable if they intentionally, knowingly, and willfully let their dog \u201crun at large” at the time of the attack<\/li>\n
  • Otherwise, the victim may sue under a negligence claim<\/li>\n<\/ul>\n<\/td>\n
\n

Strict liability for a \u201cdangerous dog,” defined as a dog that:<\/p>\n

    \n
  • Has killed or severely injured a person without being provoked<\/li>\n
  • Is owned, harbored, or trained for the purposes of dog fighting<\/li>\n
  • Has been determined to be a “potentially dangerous dog” by the local animal control board<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

North Dakota<\/b><\/p>\n<\/td>\n

\n

N.D. Century Code 23-26<\/a><\/p>\n<\/td>\n

\n

The dog owner can be liable for damages, if the victim can prove that the dog owner was negligent and negligence caused the injury<\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n<\/tr>\n

\n

Ohio<\/b><\/p>\n<\/td>\n

\n

Ohio Rev. Code. Ann. \u00a7 955.28<\/a><\/p>\n<\/td>\n

\n

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<\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n<\/tr>\n

\n

Oklahoma<\/b><\/p>\n<\/td>\n

\n

Okla. Stat. Ann. \u00a7 4-42.1<\/a><\/p>\n<\/td>\n

\n

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<\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n<\/tr>\n

\n

Oregon<\/b><\/p>\n<\/td>\n

\n

Oregon R.S. \u00a7 31-160<\/a><\/p>\n<\/td>\n

\n

Strict liability<\/p>\n<\/td>\n

\n
    \n
  • The victim does not need to prove a propensity for violence, or the owner had knowledge<\/li>\n
  • The owner can use the defense the dog was provoked to mitigate economic damages<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Pennsylvania<\/b><\/p>\n<\/td>\n

\n

Pa. Consol. Stat. \u00a7 502 A<\/a><\/p>\n<\/td>\n

\n
    \n
  • To establish a strict liability dog bite claim for a severe injury, the injured person must show that the dog caused a “severe injury” and the dog acted without provocation<\/li>\n
  • Otherwise, the victim may attempt a one bite claim and show the dog caused an injury, the owner knew that the dog had a history of causing injuries or of acting aggressively, and the injured person was not trespassing or provoking the dog when attacked<\/li>\n<\/ul>\n<\/td>\n
\n

PA law describes a “severe injury” as “any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery”<\/p>\n<\/td>\n<\/tr>\n

\n

Rhode Island<\/b><\/p>\n<\/td>\n

\n

R.I. Gen. Laws \u00a7 4-13-16<\/a><\/p>\n<\/td>\n

\n

The dog owner will be held liable for all damages unless the dog was confined or on his own property (that had a fence)<\/p>\n<\/td>\n

\n

If this is the second time a dog owner is held liable for dog bite injuries, they will be fined<\/p>\n<\/td>\n<\/tr>\n

\n

South Carolina<\/b><\/p>\n<\/td>\n

\n

S.C. Code Ann. \u00a7 47-3-110<\/a><\/p>\n<\/td>\n

\n

The dog owner will be liable for all damages if the victim was on public property or lawfully on private property<\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n<\/tr>\n

\n

South Dakota<\/b><\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n

\n

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<\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n<\/tr>\n

\n

Tennessee<\/b><\/p>\n<\/td>\n

\n

Tenn. Code Ann. \u00a7 44-8-413<\/a><\/p>\n<\/td>\n

\n

The dog owner is liable for all damages, regardless of prior knowledge of the dog’s vicious propensities<\/p>\n<\/td>\n

\n

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<\/p>\n<\/td>\n<\/tr>\n

\n

Texas<\/b><\/p>\n<\/td>\n

\n

V.T.C.A., Health & Safety Code \u00a7 822.005<\/a><\/p>\n<\/td>\n

\n

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<\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n<\/tr>\n

\n

Utah<\/b><\/p>\n<\/td>\n

\n

Utah Code Ann. \u00a7 18-1-1<\/a><\/p>\n<\/td>\n

\n

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<\/p>\n<\/td>\n

\n

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<\/p>\n<\/td>\n<\/tr>\n

\n

Vermont<\/b><\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n

\n

The dog owner may be held liable if the victim can prove the owner had prior knowledge of the dog’s dangerous propensities<\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n<\/tr>\n

\n

Virginia<\/b><\/p>\n<\/td>\n

\n

Vir. Code \u00a7 3.2-6540.04<\/a><\/p>\n<\/td>\n

\n

One bite rule; A dog owner may be liable if the owner knew or should have known the dog might act aggressively<\/p>\n<\/td>\n

\n
    \n
  • The owner will be liable if the dog harms the victim’s service animal<\/li>\n
  • The owner is not liable if the victim was trespassing, harming another person, provoking the animal at the time or had provoked it previously, was harming or attempting to harm the dog’s offspring, or if the dog was responding to pain<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

Washington<\/b><\/p>\n<\/td>\n

\n

Wash. Rev. Code \u00a7 16-08-040<\/a><\/p>\n<\/td>\n

\n

The owner is strictly liable if the person was lawfully on private property or public property when the bite occurs<\/p>\n<\/td>\n

\n

Law enforcement animals are not subject to strict liability laws<\/p>\n<\/td>\n<\/tr>\n

\n

West Virginia<\/b><\/p>\n<\/td>\n

\n

W. Va. Code \u00a7 19-20-13<\/a><\/p>\n<\/td>\n

\n

The owner is held strictly liable if the dog is “running at large”<\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n<\/tr>\n

\n

Wisconsin<\/b><\/p>\n<\/td>\n

\n

Wis. Stat. \u00a7 174.02(1)(a) \u2013 First Bite Wis. Stat. \u00a7 174.02(1)(b) \u2013 Second Bite<\/a><\/p>\n<\/td>\n

\n
    \n
  • The dog owner is liable for the first bite if no prior knowledge of the dog’s dangerous propensities<\/li>\n
  • Must also pay a penalty of not less than $50 or more than $2,500 if the dog injures or causes injury to a person, domestic animal, property, deer, game birds, or the nests or eggs of game birds<\/li>\n<\/ul>\n<\/td>\n
\n

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<\/p>\n<\/td>\n<\/tr>\n

\n

Wyoming<\/b><\/p>\n<\/td>\n

\n

N\/A<\/p>\n<\/td>\n

\n

The dog owner will be liable if the victim can prove negligence or knowledge of the dog’s dangerous propensities<\/p>\n<\/td>\n

\n

Comparative fault<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Note:\u00a0State laws are always subject to change. This happens through the enactment of new legislation and also court decisions. Contact a\u00a0dog bite lawyer<\/a>\u00a0or conduct your own legal research to verify the state law(s) you are researching.<\/p>\n

Contact an Attorney About Dog Bite Issues<\/h2>\n

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\u00a0personal injury attorney<\/a>\u00a0about your legal rights and injury claims today.<\/p>\n\n\n

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