Dog Bite Laws in the USA

Laws covering dog bites are made up of a unique combination of case law (legal precedence resulting from specific lawsuits), state statutory law, and city and county ordinances. Dog bite laws may cover several aspects, including when an owner becomes liable for the actions of a dog, any duty to ensure a dog is not rabid, among others. Only the legal implications related to dog bites and dangerous dogs will be covered by this article. The topics of rabid dogs, registration of dogs, collaring, and vaccination will not be covered.

Generally, every state will hold an owner responsible for a dog bite if the owner ordered or made the dog attack the victim. Owners are also typically held responsible if they knowingly keep a dog that previously bit a person or exhibited a tendency to bite a person. Additionally, in most states, owners will be legally liable for any injury caused by dogs resulting from the owners’ negligence, such as violating a leash law or allowing dogs to run at large.

Some states allow for dog owners to assert certain defenses to dog bite claims. A victim who provoked the dog, trespassed, was in some way negligent, or consciously assumed the risk of being bitten by the dog may have assumed some, if not all, of the liability for his or her own injuries resulting from the dog bite. As defenses are established by state statute or judicial decisions, available defenses vary from state to state.

One-Bite Rule

Currently, 18 states have a “one-bite rule” (also known as a “one free bite” rule) as it relates to injuries caused by an owner’s dog. The “one-bite rule” shields a dog owner from liability caused by his/her dog, but only for the first injury caused by the dog. The “one-bite rule” is not available, however, if the owner’s own negligence or violation of a leash law caused the injury. Any subsequent bite after the first bit results in owner liability. States following a “one-bite rule” include Alaska, Arkansas, Hawaii, Idaho, Kansas, Maryland, Mississippi, Missouri, Nevada, New Mexico, North Carolina, North Dakota, Oregon, South Dakota, Texas, Vermont, Virginia, and Wyoming. The remaining states, including the District of Columbia, hold dog owners responsible for injuries resulting from the first bite onwards, even if the owner describes the dog as previously being a “good dog.”

Statutory Strict Liability

Most other states have imposed strict liability through their own state laws, making the owner of the dog responsible for any injury, regardless of whether or not the dog had previously demonstrated aggressive tendencies and regardless of whether or not the owner was negligent in controlling the dog. In states following strict liability, the dog does not get the “one free bite” mentioned above. The dog bite statutes vary from state to state, both in interpretation and common exceptions to liability. It is wise to research the specific statutes of your state when looking at the issue of liability as it relates to dog bites. The most common liability exceptions include the following situations: where the victim was trespassing; where the victim was a veterinarian treating the dog at the time of the attack; where the victim was committing a felony; where the victim provoked the dog; where the victim assumed the risk of being bitten; and, where the dog was assisting the police at the time of the attack.

Negligence

In most states, a person may be liable for damages resulting from his or her own negligence. Typically, negligence means an unreasonable action or failure to take action or give a warning. This negligent act or failure to act must be the proximate cause of the damages. In other words, the negligent act must be closely related to the harmful result. Sometimes, a victim’s own negligence contributed to the attack. This may or may not reduce any damages available, depending on the state’s comparative negligence or contributory negligence laws.

The information present in this article and following table should only be used as a guide. Specific questions should be directed to a qualified dog bite claim attorney licensed in your state. Nothing in this summary should be construed as legal advice.

Dog Bite Laws by State
Click on the name of the state to access relevant statutory authority.

State	Type	Authority
Alabama	Strict liability with dog bite injuries.	Alabama Code §§3-1-3, 3-6-1.
Alaska	No liability statute, follows general negligence principles and one-bite rule.	Alaska
Arizona	Strict liability with dog bite injuries.	Arizona Revised Statute §§11-1020, 1025-1027.
Arkansas	One-bite rule based on case law.
California	Strict liability with dog bite injuries.	California Food and Agricultural Code, Division 14, Chapter 9, Article 1, §§ 31602-05, 31609, 31626, 31642, 31644, 31646, 31662.
Colorado	Strict liability with dog bite injuries.	Colorado Revised Statute §§13-21-124, 30-15-102.
Connecticut	Strict liability with dog bite injuries.	CT C.G.S. §§22-327 through 22-367a.
Delaware	Strict liability with dog bite injuries.	Delaware Code Title 7 §§1705 and 1711.
District of Columbia	Strict liability with dog bite injuries.	D.C.
Florida	Strict liability with dog bite injuries.	Florida Statute Title XLV, §§767.01, 767.04, 767.11-13.
Georgia	Strict liability with dog bite injuries.	Georgia Code Title 4, §§4-8-4, 4-8-21, 4-8-24, 4-8-25, 4-8-26, 4-8-28, 4-8-41, 4-8-42, 4-8-43,
Hawaii	One-bite rule.	Hawaii H.R.S. §§143-1 through 143-19.
Idaho	One-bite rule.	Idaho Statutes Title 25, §§25-2801 through 2808.
Illinois	Strict liability with dog bite injuries.	ILCS Chapter 55, Act 5, Article 5, Division 5-1, §§5/2.05a, 5/2.12, 5/2.19b, 5/9, 5/15, 5/15.1, 5/16, 5/18.1, 5/26.
Indiana	Strict liability with dog bite injuries.	Indiana Code Title 15, Article 5, Chapter 12, §§15-5-12-1 through 15-5-12-4.
Iowa	Strict liability with dog bite injuries.	Iowa Title IX, IA St §351.28, 351.38-39.
Kansas	One-bite rule.	Kansas
Kentucky	Strict liability with dog bite injuries.	Kentucky.R.S. §§258.235, 258.990, 258, 991.
Louisiana	Strict liability with dog bite injuries.	Louisiana Statute Title 3, Chapter 18, Part I, §§2731, 2735, 2771, 2773.
Maine	Strict liability with dog bite injuries.	Maine M.R.S. Title 7, Part 9, Chapter 729, §3961.
Maryland	One-bite rule.	Maryland
Massachusetts	Strict liability with dog bite injuries.	General Laws of Massachusetts, Part I, Title XX, Chapter 140, §§136A-175.
Michigan	Strict liability with dog bite injuries.	Michigan Compiled Laws Chapter VI, §§ 287.261-395, especially 287.351.
Minnesota	Strict liability with dog bite injuries.	Minnesota Statute Chapter 347, §§ 347.01, 347.04, 347.22, 347.50-56.
Mississippi	One-bite rule.	Mississippi
Missouri	One-bite rule.	Missouri
Montana	Strict liability with dog bite injuries.	Montana Code Annotated §27-1-715.
Nebraska	Strict liability with dog bite injuries.	Nebraska Statutes Chapter 54, §54-601.
Nevada	One-bite rule.	Nevada
New Hampshire	Strict liability with dog bite injuries.	New Hampshire Revised Statute §466:19.
New Jersey	Strict liability with dog bite injuries.	New Jersey Statutes Title 4, Chapter 19, Article 1, §4:19-16.
New Mexico	One-bite rule.	New Mexico
New York	Strict liability with dog bite injuries.	N.Y Agriculture and Markets Law, Article 7, §121.
North Carolina	One-bite rule.	N.C.
North Dakota	One-bite rule.	North Dakota
Ohio	Strict liability with dog bite injuries.	Ohio Revised Code §955.28.
Oklahoma	Strict liability with dog bite injuries.	Oklahoma Statutes Title 4, Chapter 3, §42.1.
Oregon	One-bite rule.	Oregon
Pennsylvania	Strict liability with dog bite injuries.	PA 3 Pa. Code Chapter §459-502.
Rhode Island	Strict liability with dog bite injuries.	R.I. General Laws Title 4, Chapter 13, §4-13-19.
South Carolina	Strict liability with dog bite injuries.	S.C. Code of Laws Title 47, Chapter 3, §47-3-110.
South Dakota	One-bite rule.	South Dakota
Tennessee	Strict liability with dog bite injuries.	Tennessee Code Title 44, Chapter 17, §44-17-120.
Texas	One-bite rule.	Texas
Utah	Strict liability with dog bite injuries.	Utah Code Title 18, Chapter 1, §18-1-1.
Vermont	One-bite rule.	Vermont
Virginia	One-bite rule.	Virginia
Washington	Strict liability with dog bite injuries.	Revised Code of Washington Title 16, Chapter 8, §16.08.040.
West Virginia	Strict liability with dog bite injuries.	West Virginia Code Chapter 19, Article 20, §19-20-13.
Wisconsin	Strict liability with dog bite injuries.	Wisconsin Statutes Chapter 174, §174.02.
Wyoming	One-bite rule.	Wyoming

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Dog Bite Laws in the USA

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