Personal Injury · Haute Lawyer Network
What Is a Dog Bite Claim?
Last reviewed: June 2026
Dog bite claims seek compensation from dog owners for injuries caused by their dogs. Dog bite liability law varies significantly by state. Most states have adopted strict liability for dog bites — meaning the owner is liable regardless of whether they knew the dog was dangerous or took reasonable precautions. A minority of states still use the "one bite rule" — requiring the victim to prove the owner knew or should have known the dog was dangerous (typically from a prior bite or aggressive behavior).
Dog bite injuries can be severe — requiring surgery, leaving permanent scars, causing nerve damage, and producing significant psychological trauma. Strict liability states make these cases clearer from a liability standpoint — the owner is liable if their dog bites regardless of prior history. The principal defenses are provocation (the victim provoked the dog) and trespassing (the victim was on the owner's property without permission).
Frequently Asked Questions
Does the dog bite have to break skin for a claim?
In most states, the claim requires physical contact causing injury — but does not necessarily require skin breakage. A dog knocking someone over and causing a fall can also give rise to a negligence claim.
What damages are available in a dog bite case?
Medical expenses, lost wages, pain and suffering, scarring and disfigurement (which can be significant compensation for facial scarring), psychological treatment for fear or PTSD, and in severe cases, permanent disability damages.
What if I was bitten at someone's home?
The homeowner's insurance policy typically covers dog bite liability. Claims are often made directly against the homeowner's insurance carrier.
Does the child provocation defense apply when a child is bitten?
Courts evaluate whether a child of the victim's age and development could understand that their conduct was likely to provoke a dog. Young children are generally held to a lower standard than adults.
What should I do immediately after a dog bite?
Get the owner's contact and insurance information. Photograph the injuries immediately. Seek medical treatment — dog bites have a high infection rate and can transmit rabies. Report the bite to animal control. Preserve all medical records and document the incident in writing while memory is fresh.
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