Can You Sue for a Dog Bite Injury? Here’s What the Law Says

Jan 28

4 min read

Dogs are so common that most people don’t consider the inherent danger they can pose. Even seemingly friendly dogs can suddenly spiral out of control without any obvious reason, and serious life-threatening injuries can occur.

Can you sue for a dog bite injury, though?

Well, it depends on the situation. There are a lot of situations where you’re more than capable of successfully suing the owner of the dog, and there are some where your legal capabilities are highly limited.

We’re going to look at all the factors involved and give you a clear route to receiving the compensation you deserve.

1. Are You at Fault

The first thing you have to determine is whether you are at fault or not. Dogs do have some protections under the law, and their protections are very similar to self-defense laws.

If you were trying to cause harm to the dog’s owner or the dog itself, and the owner can prove that, you likely will not have a case that will win in court.

Any attempt to abuse the dog, breaking into the dog owner’s home, or otherwise carrying out a malicious action that a homeowner would be allowed to defend against will typically give the dog the ability to act, too.

This varies from state to state. In some instances, it might be possible to sue for dog bites even if you were doing something that reasonably triggered the event. However, it is harder to win a case like this.

2. Was the Dog Protected

There are some protections that go beyond your normal examples of self-defense. In some areas, if a dog is properly enclosed behind a fence, and you attempt to access the property anyway, the dog and its owner might be protected against a lawsuit.

For example, where this is allowed, climbing over a fence to retrieve property, wandering into a clearly marked area for a restrained dog, and similar situations, might protect the dog’s owner from legal consequences, because they took the precautions necessary to keep you away from the dog, and you bypassed those precautions.

3. The Extent of the Injury

The extent of the injury does matter. Getting nipped without the skin breaking isn’t going to be seen as a reason for a lawsuit. However, if you have to receive medical care or there are obvious signs of harm, there are good grounds for a lawsuit.

The obvious exception to this would be if you did something that the dog is legally protected against.

4. Were You Misled About the Dog?

Everyone has a story about how a dog owner said their dog doesn’t bite, and then the dog decided to bite.

This is grounds for a lawsuit if an injury occurs due to the bite. You were made to believe that the dog was safe, you weren’t doing anything wrong, and you were harmed.

You don’t have to receive verbal confirmation that the dog is safe, either.

If someone welcomes you into their home, they are considered to have a duty of care for your well-being. Part of that is ensuring that their dog is safe to be around. If they let you into their home, and their dog bites you, you can sue for compensation.

5. Was the Dog Loose?

A dog owner is required to maintain control of their dog. If their dog gets loose and causes harm to people, they are responsible for what happens, even though they weren’t around when the incident occurred.

Imagine you’re out jogging, and a dog runs up on the sidewalk and bites you. The owner is responsible even though it didn’t happen on their property or while they were present.

6. Does the Dog Have a History of Unruly Behavior or Violence?

This is a major factor in how easy the case will be to win.

If a dog has been reported for getting out and startling neighborhood kids, biting people in the past, or being aggressive, you can show that the injury you sustained is not a one-off situation where something went wrong. The dog has been a persistent problem for the public, and now, it has caused serious harm.

This is not required to file a lawsuit, but it does greatly improve your chance of winning.

Should You Sue Over a Dog Bite?

You can hire a personal injury attorney and sue over a dog bite as long as an actual injury occurred, and you weren’t doing something that the dog is protected against.

Should you sue, though?

In most cases, if your case fits the basic requirements we listed, you should sue. It’s often difficult to file a lawsuit in many situations.

You might worry about the consequences the dog will face, because dogs are regularly euthanized for violent incidents. Especially if there have been multiple incidents, the owners have not taken steps to prevent further incidents, or the harm is catastrophic.

It’s also common for the potential defendant to be someone you’re close to. Maybe you went to a friend’s house, and their dog is the one that harmed you, or a family member’s dog did it. That can make it difficult, because you don’t want to cause the person hardship or stress.

In any case, you are entitled to compensation, but it’s even more important than simply receiving money. If you choose not to pursue legal action, it’s common for the dog to have even more incidents.

Your neighbor’s dog might have injured you and made you get stitches this time, but what if a small child is the next victim? Taking action helps protect others.

Get the Legal Help You Deserve

In most dog bite events, you have the legal right to file a lawsuit. However, local laws can vary dramatically, and there are grey areas that make it difficult to decide whether to pursue action or not.