[top]What to do after a dog bite
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DOG BITE LAW - the most trusted and extensive resource for dog bite victims, parents of victims, and dog owners needing legal information. (c) 1999-2007
Kenneth M. Phillips All rights reserved.
[top]The first things to do after being bitten
It is important to identify the animal that bit you, because if it is a stray and you cannot identify it, you're facing the possibility of having to submit to treatment for rabies, which can be painful. Also, if you were attacked by a dog or any wild animal being kept by a person, you probably are entitled to receive compensation from the animal's owner, and you might really need that compensation to pay your medical bills, reimburse you for lost income, pay for cosmetic surgery in the future, and help you overcome the pain and suffering from your injuries. (See
Legal rights of a dog bite victim.)
After that, get medical attention. You will be in good company, because 1,000 Americans arrive in emergency rooms every day of the year because of dog bites alone! If you are wounded on the face, insist on treatment by a plastic surgeon because emergency room doctors are great at keeping people alive but not necessarily the best at making stitches and wounds look good. After that, be sure to follow the directions of the physician and take all the medications that are prescribed (except for the painkillers, which usually are at your discretion). You might also be ordered to stay out of the sun, use sun block, use scar reduction lotion, change bandages, report for follow up treatment, report for removal of stitches, massage the healing areas, etc. If so, do it!
The decision as to whether you need rabies shots must be left to your doctor. Shots are not always called for, because rabies may not be in your geographic area. Don't be alarmed if your physician tells you that you don't need this painful treatment.
If the dog owner is insured, you might get a call from an insurance company representative. You should ask him or her for the following information:
- Name of insurance company
- Address of his or her office
- Telephone number
- Claim number
- Name of the person who is insured
- The amount of money available to pay medical expenses (not everything, just medical expenses)
Do not do any of the following:
- Do not discuss money, payment of money, settlement, injury value or anything else involving money
- Do not set up an appointment
- Do not write a letter or a memo
- Do not permit yourself to be tape recorded
- Do not allow the victim to be photographed
- Do not discuss who is responsible
- Do not accept any money
- Consider retaining an attorney who is experienced in dog bite cases
[top]Steps to protect your rights
A dog bite victim needs to do the following things to protect his or her rights:
- Identify the dog. In an extremely serious case, this might entail obtaining and analyzing a DNA sample, which would require an attorney's involvement.
- Get the name and address of the owner of the dog, if possible. If you can, obtain the dog license information.
- Get the name, address and telephone number of any potential witnesses. You may have to return to the accident scene, and knock on the doors of nearby homes and businesses. You also should revisit the scene of the accident several times at the same time at which the accident took place, because people may have a habit of going to the same places as part of their daily routine.
- Take photos of all of your wounds, bruises and bloody clothing. (See Photography in dog bite cases.)
- If possible, obtain insurance information from the dog owner. (See How to find out whether the dog owner is insured.)
- Get your lawyer started while the facts are fresh! The facts of your claim have to be proved; the extent of your injuries have to be established. As obvious as the facts and injuries might be to you, they will not be obvious to an insurance adjuster sitting at a desk in an office building a few weeks or months after the attack. Furthermore, doctors are more interested in healing you than proving the nature and extent of your injuries to an insurance company, so the proper documentation must be requested from them at the proper times. Your attorney will get the necessary evidence and monitor your medical treatment, so that the insurance adjuster will understand exactly what happened, and will give you an adequate sum of money, if possible.
- Retain your attorney prior to participating in any proceeding involving the dog! The laws of most cities, counties and states permit local authorities to determine whether a dog is dangerous and, if so, the fate of the dog. Often this is referred to as a "dangerous dog hearing," but it goes by other names as well. Because "dog court" procedures may unintentionally compromise the victim's rights, she should not communicate with animal control authorities until her lawyer reviews the city and county ordinances, obtains the department's commitment as to which laws and procedures they will be following, and is satisfied that the issues addressed below will be resolved fairly. If the victim receives a subpoena, her testimony is required, making it even more important to immediately consult with an attorney -- because a subpoena must be obeyed, to its letter. (See Dog bite victims need an attorney for "dog court.")
The victim must never do the following:
- Do not sign anything! Yes, you normally can sign the hospital admission paperwork (provided that you were not bitten in the hospital itself). However, sign nothing presented by any insurance company, the owner of the dog, or the landlord or other owner of the property where the attack took place. Do not write to, or make a report for, any insurance company, dog owner, or landlord or other property owner.
- Do not hesitate to consult an attorney! There are laws called "statutes of limitations." They say that you lose all of your rights unless you file a court case within a certain amount of time after sustaining a bodily injury. Therefore, call a lawyer as soon as possible. (See Beware of the statute of limitations!)
[top]Legal rights of dog bite victims in the U.S.
18 states have a "one-bite rule" that shields dog owners from liability for the first injury caused by the dog, unless the owner's negligence or violation of a leash law caused the injury. The rule holds the owner liable for subsequent dog bites. The other 32 states and the District of Columbia hold dog owners responsible from the first bite onwards, even if the dog previously was a "good dog."
[top]General rules
Dog bite law is a unique combination of city and county ordinances, state statutory law, state case law (i.e., legal principles that result from specific lawsuits within the state), and common law (i.e., legal principles resulting from specific lawsuits from throughout the United States, usually as reported in authoritative legal works such as the Restatement of Law).
Broadly speaking, all states hold a person responsible for a
dog bite if the person ordered or made the dog attack the victim, or if the person knowingly kept a dog that previously bit a person or exhibited a tendency or intention to someday bite a person. Additionally, almost all states make a person legally liable for negligence that results in any injury caused by a dog, and violating a public health and safety law such as a leash law or a prohibition against dogs running at large if it lead to the dog bite. Some states refer to the doctrine of premises liability when the victim is harmed on the dog owner's property, but the basis of liability nevertheless is grounded upon negligence. All of these principles apply to
bites as well as
non-bite injuries.
Additionally, most American states and the District of Columbia have passed statutes which create liability in the absence of the traditional requirements for legal responsibility. These dog bite statutes vary widely. They may impose liability upon whomever had custody of the dog as well as its owner, apply to non-bite injuries as well as bites, limit their scope to only the victim's medical bills, or provide for additional compensation if the dog previously bit a person. While the majority of dog bite statutes impose strict liability based on ownership of the dog, a number combine concepts of negligence, common law strict liability, and/or violations of local law, sometimes causing great confusion even in the courts. See the extended discussion in
Statutory strict liability states.
The usual defenses to dog bite claims are that the victim provoked the dog, was a trespasser, was negligent, consciously assumed the risk of being bitten, or was a canine professional who was deemed to assume the risk. When the victim is a child, another defense is that his parent negligently failed to supervise him, and therefore was a cause of the accident (however, this defense is usually limited to an extreme lapse of supervision on the part of the parent). Because they are based on state statutes or judicial decisions, the defenses are different from state to state; furthermore, any particular defense might not apply in a specific case because of the particulars of the law in the jurisdiction where the incident happened.
How to determine liability when the state does not have a dog bite statute
If a state does not have a dog bite statute, that state is called a "one-bite state." In "one-bite states," legal responsibility is determined by the following principles:
- The first issue is whether the dog previously bit anyone. If so, then the dog owner / custodian is strictly responsible.
- If the answer is no, the second issue is whether the dog previously did something that should have put the owner / custodian on notice that the dog was inclined to bite somebody in the future.
- If that answer is no, we consider whether the person having custody of the dog at the time of the incident had violated any law pertaining to public health or safety, which was intended to protect people like the victim. An example would be a leash law, but there could be regulations such as those that restrict dogs from being in day care centers are beauty parlors. The violation of such a law would be considered "negligence per se." In some states, like Georgia, the violation is not negligence per se but rather an alternate way of proving liability under the dog bite statute.
- If we cannot find negligence per se, we consider whether the accident was caused by negligence. For example, a dog that is habitually mistreated, or sick, or suffering from a painful disease is more likely to bite a person, even if the dog has never done so before. Negligence is usually a ground for liability in a "one-bite" state. Sometimes it is referred to as premises liability when the incident happens on the dog owner's or custodian's land.
- If the dog owner or custodian is not responsible, then we consider whether anyone else might be liable as a result of their negligence or knowledge of the dangerous propensity of the dog to bite people.
When the dog owner does not have insurance or resources
If the dog owner is unable to compensate the victim because of lack of insurance or resources, attorneys consider whether anyone else might be responsible because of their own negligence. An example would be a landlord who knows that a dangerous dog is living with a renter, but fails to do anything to control the dog or its owner.
[top]U.S. states that have dog bite statutes
Here are the states that have dog bite statutes:
Alabama
Arizona
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Illinois
Indiana
Iowa
Kentucky
Louisiana
Maine
Massachusetts
Michigan
Minnesota
Montana
Nebraska
New Hampshire
New Jersey
New York
Ohio
Oklahoma
Pennsylvania
Rhode Island
South Carolina
Tennessee
Utah
Washington (state)
West Virginia
Wisconsin
[top]"One-bite states" in the U.S.
A
"one-bite state" (also referred to as a "one free bite" state) adheres to the ancient
"one-bite rule." This rule acts as both a shield and a sword, in that it shields dog owners from liability for some dog bites, while it imposes liability (acts like a sword) for other dog bites. Specifically, it provides that:
The dog owner (and everyone else who is connected with the dog) is protected from liability as to the first injury caused by the dog, unless liability can be based upon other grounds.
The dog owner, harborers and keepers will be held strictly liable for dog bites and other harm caused by a known dangerous propensity of the dog. For example, if the dog previously bit someone, and the owner knew about it, then the owner will be responsible every time the dog bites anyone else. Liability results from keeping a dog that was known to hurt people. The key to this type of liability is knowledge (which the law often refers to as "scienter").
For more information about the "one-bite rule," see
The One-Bite Rule.
Even if you live in a one-bite state, keep in mind that owners and others can possibly be held liable for (a) negligence, (b) premises liability, (c) violation of a leash law or other municipal law that leads to injury, (d) intentional conduct involving the use of a dog, and (e) outrageous or reckless behavior involving the use of a dog. You absolutely require the help of an attorney to know whether your state will permit recovery upon any of these other grounds.
The "one-bite states" do not have dog bite statutes. This means that only a person who is skilled in legal research will be able to form a competent legal opinion about the particularities of dog bite law in these states. This makes it even more important to retain an attorney if your case arises in a "one-bite state." For more about this, see
Does An Adult Need a Lawyer For a Dog Bite Claim?, and
Should Parents Get a Lawyer For Their Injured Child?
The traditional exceptions to liability, even where the one-bite rule could be satisfied, are that the victim assumed the risk of injury, or that he provoked the dog. Trespass was not a defense at the common law. (Dog Owners' Liability: Statutory Effects, Duke Law Journal, Vol. 1960, No. 1 (Winter, 1960), pp. 146-149.)
Here is a list of the "one-bite states":
Alaska
Arkansas
Hawaii
Idaho
Kansas
Maryland
Mississippi
Missouri
Nevada
New Mexico
North Carolina
North Dakota
Oregon
South Dakota
Texas
Vermont
Virginia
Wyoming
[top]About attorney Kenneth Phillips
Attorney Kenneth Phillips is the author of
DOG BITE LAW - the most trusted and extensive resource for dog bite victims, parents of victims, and dog owners needing legal information. web site. He has a unique law practice: he represents only people who have been bitten by a dog. His clients include children and adults throughout the United States.
Mr. Phillips welcomes E-mail from visitors to this website, especially dog bite victims and their families. He responds personally and answers questions for free.
Click here to write to him and receive his personal reply within hours.
Mr. Phillips is widely recognized as the nation's leading authority on dog bite law. A frequent guest on CNN, NBC, CBS, ABC, MS-NBC, Fox News Channel, and Court TV, he has been called "the dog bite king" (Today Show and Lawyers Weekly), "a leading expert in dog bite law" (Good Housekeeping), and "the nation's best known practitioner of terrier torts" (Los Angeles Times).
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