{"id":353538,"date":"2017-01-20T17:44:21","date_gmt":"2017-01-20T22:44:21","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/what-happens-if-a-dog-bites-someone-on-your-property.html"},"modified":"2023-06-29T11:21:22","modified_gmt":"2023-06-29T16:21:22","slug":"what-happens-if-a-dog-bites-someone-on-your-property","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/what-happens-if-a-dog-bites-someone-on-your-property.html","title":{"rendered":"What Happens if a Dog Bites Someone on Your Property?"},"content":{"rendered":"\n
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What Happens if a Dog Bites Someone on Your Property? <\/h1>\n\n
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\n By Amber Sheppard, Esq.<\/a> | Legally reviewed by Joseph Fawbush, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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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
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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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Key Takeaways<\/h2>\n

You could be liable for a dog attack on your property even if the injured person was a guest, trespasser, or salesperson. If so, you or your insurance may need to compensate them. But a property owner might not be liable in certain cases.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

What happens if a\u00a0dog bites someone on your property? It is important to consider who would be liable for paying expenses related to a dog bite lawsuit.<\/p>\n

Below, you’ll learn about the different scenarios in a dog bite lawsuit<\/a> involving an incident on your private property or public property. This article also explains whether your homeowner’s or renter’s insurance policy might cover the alleged damages.<\/p>\n

Keep in mind that this is a general overview, and each state has its own unique dog bite laws and statutes<\/a>. Be sure to research the laws in your state or contact a local attorney<\/a> to learn more. If someone sues you for your pet’s actions, you may want to speak with an attorney who defends against personal injury claims<\/a>.<\/p>\n

Premises Liability: What Standard of Care Do You Owe?<\/h2>\n

The first thing to look at in a dog bite case on your property is the legal concept of premises liability<\/a>. When a person enters your property, they have a reasonable expectation to avoid injury. A homeowner owes a certain\u00a0standard of care<\/a>\u00a0to anyone on their property.<\/p>\n

This means the owner or occupier of the property, such as a renter, must maintain a reasonably safe environment. This safety duty extends to the people who enter the property. Keeping dangerous animals away from guests or putting up warning signs about a dangerous dog are two ways to keep your property safe.<\/p>\n

Many states and cities have codified animal control responsibilities for the owner of a dog into\u00a0leash laws<\/a>. In those places, a dog owner is strictly liable for dog bite injuries if their off-leash dog attacks someone.<\/p>\n

In states with\u00a0strict liability<\/a>\u00a0dog bite statutes, Plaintiffs do not have to prove the defendant acted in a careless (negligent) manner. They can recover damages for injuries like property damage, medical expenses, and non-economic damages.<\/p>\n

In other states with the\u00a0one-bite rule<\/a>, a dog owner is not liable to a dog bite victim if it was the first time their dog bit someone. This means the pet owner or their insurance company is not responsible for paying<\/a> for the victim’s medical treatment or serious injuries.<\/p>\n

Invited Guests and Others<\/h2>\n

In most situations, dog owners owe a duty of reasonable care to anyone on their property for a lawful reason. This means if the injured person shows the owner was\u00a0negligent or failed to use reasonable care<\/a> in controlling their dog, they can get damages. For example, an owner would be liable if they did not restrain a dog or warn of its dangerous propensities.<\/p>\n

A dangerous dog that is off-leash or not wearing a muzzle is likely enough proof to warrant a victory for the victim in an injury claim. “Beware of Dog” signs or saying “My dog bites” are easy ways to use reasonable care in warning the public about an animal.<\/p>\n

Trespassers<\/h2>\n

Most states, like\u00a0Connecticut, Florida, and Tennessee,<\/a> have laws that prevent people who were not lawfully in a private place from recovering for dog bites.\u00a0Examples include trespassing, attempting to commit a crime, or threatening an animal.<\/p>\n

You may find it shocking to know that the law in a minority of states actually allows trespassers to recover in a personal injury lawsuit. If your animal attacks that person on your property, you are responsible for the injuries.<\/p>\n

However, this is only true if an animal owner is unreasonable or has created an attractive nuisance<\/a> that results in harm to children. It depends on whether your state has a dog bite statute that protects owners from liability to trespassers. In states like Massachusetts, children under seven years old cannot trespass under the legal definition, so the property owner is still responsible. In Colorado, a pet owner is not responsible for a trespasser’s injuries if he had a sign that said “No Trespassing.”<\/p>\n

Dangerous Propensities<\/h2>\n

Imagine your Chihuahua Teacup has sunk her teeth into people in the past<\/a> or aggressively lunged at others. This history means you are on notice that she has dangerous propensities, meaning she is dangerous under the law<\/a>. In that case, if dangerous Teacup bites someone on your property, you are\u00a0strictly liable<\/a>.<\/p>\n

You can avoid this if you put up a warning sign, indicating there is a dangerous dog on the property. You can also use leashes or muzzles on an aggressive dog. Your local leash laws or animal control ordinances may demand this if your dog has bitten someone in the past.<\/p>\n

Who Pays When Fido Bites?<\/h2>\n

If you own a dog but have liability concerns, consider buying\u00a0homeowners or renters insurance<\/a>.\u00a0Most policies have some form of coverage available in the event someone or their loved one sues you for an animal bite on your property. These insurance policies will cover settlements and provide an attorney to defend you.<\/p>\n

Be sure to read your policy since some insurance companies exclude certain dog breeds<\/a>. If your dog is not covered by your policy, consider an outside insurance company. There are certain types of pet insurance policies you may be able to get to cover those dog breeds.<\/p>\n

Without insurance coverage, you can be personally liable<\/a>\u00a0to make payments if you lose a lawsuit against an injured party.<\/p>\n

Get Legal Help if You’ve Been Bitten by a Dog on the Dog Owner’s Property<\/h2>\n

Dog bites are serious. If a canine bites someone on your property, you may need to fight a dog bite claim and lawsuit. If a dog bites you on someone else’s property, you may be able to recover damages from the property owner. Contact a local\u00a0personal injury attorney<\/a>\u00a0and dog bite attorney for legal advice on your state laws.<\/p>\n\n\n

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