What Happens if my Dog Bites Someone? A Legal Perspective

Learn what happens if your dog bites someone. 😢😢

0:00 Introduction
0:57 First Thing to do if your dog bites someone
1:30 Strict Liability for dog bites
1:41 One Bite Rule
2:30 Dog Bite Prevention
3:00 What Happens if my dog bites someone?
3:30 Will my dog be put down if it bites someone?
3:55 Call your insurance company and report the bite
4:50 What if you don’t have insurance?
7:15 Worst case scenario if your dog bites someone

The most important thing to figure out first is what the law is in your state. There are many different dog bite laws though generally speaking I see them fall into 2 camps: the first is called strict liability and the second one is a called a one bite rule. With SL if your dog bites, you’re liable. In a one bite state your dog can basically bite someone once before you are on the hook for the damages.

For example, I’m in Illinois, so if your dog bites someone in Illinois – it’s over. You are on the hook. The only question is for how much. In one-bite states, that’s not the case, your dog can bite someone and if you didn’t know of its dangerous propensities before the bite you may not be liable that first time.

There are lots of other types of dog bite laws too by the way, some states talk about whether the dog is a listed dangerous animal, like a pit bull and other states use the negligence rules. That’s why its so important to consult with an attorney in your state about whether you are responsible or not.

So that answers the question of “liability” for the dog bite. But practically speaking what can you expect and what do you do?

Well first of all I’d argue that preventing the dog bite in the first place is the key here. Restrain your dog. Always have it on a leash. And get it vaccinated. If you do these things before it bites you can protect yourself.

What happens after the bite? First you can expect the police to get called and animal control might get involved. Sometimes people are worried that if their dog bites someone the dog will be taken away from them or euthanized. It’s a possibility but I haven’t seen that happen in my own practice.

Next, call your homeowner’s or renters’ insurance and report the dog bite. A lot of times I’ve seen people hesitant or refuse to give insurance. Never understood that because that’s the surest way to get yourself sued b/c they’ll have no other way to get your insurance info.

The single most important thing I can tell you if you own a dog is to get insurance. So if you don’t pick up the phone and call and get it right now. It’s not that expensive and if your dog bites someone you’re going to wish you had it.

What if your dog bites someone and you don’t have insurance? Well, then you are on the hook to pay the person’s damages out of your own pocket. You may not have the money to pay them. Long story short is if you don’t pay their damages, they may file a lawsuit against you that you will have to defend.

Let’s say you do get sued – you can respond to the complaint or you can ignore it. I strongly recommend responding to the complaint in court but its up to you.

So, let’s say the victim goes to court, files a lawsuit and wins a $100k.

What’s going to happen? Well first, the dog bite victim is going to try and collect against you by going after assets or garnishing your wages.

You also have another option though. Let’s say you get hit with a significant judgment against you, there may be a point where you have to file bankruptcy to protect yourself.

Having said all of this – I want to point out that if it was just a minor dog bite for example, chances are pretty good that the victim is going to get a lawyer, they’re going to see that there weren’t severe injuries and if there’s no insurance, there’s a strong possibility they’re going to either drop the claim, try to get compensation for their medical bills from you personally or if they have to file in small claims court against you – and small claims court is meant for you to try and defend yourself. So chances are there’s not too much to worry about.

These are for the more serious situations but they bring me back to the one thing I want you to take away from this video and that is prevention by controlling your animal or getting the proper insurance is definitely the way to go.

Disclaimer: read the disclaimer in the video. This does not constitute legal advice and communication between LawFull/Chicago Legal Group and commenters does not create an attorney-client relationship.

[Maxwelshouse]

Good information: but one main idea i get is "get insurance... attorneys need more deep pockets to go after."

[stevefretzin]

Barry is terrific! Great video too. Very helpful.

[zakiyyahwady-frye]

Omg thank you so much for this very informative video!!!

[alexhoyos]

Thank you for sharing the knowledge. I'm exactly in this unfortunate situation and don't know what to do

[ivycream]

Thanks for the worthwhile information. My question is-if the dog is in the temporary custody of someone other than the owner, is the custodian liable for that dog biting a person?

[tonymiller]

I had a dog bite me in florida and my hand was broken and my back was broken L4 when I was shoved backwards. I can't work now because my back bone grew back deformed. I have a wife and two kids and we have been homeless because of it living in the woods on a sheet of plywood under a blanket that got soaked a couple of nights while the kids were trying to sleep. Instead of making laws to protect negligent people they need to do something so this never happens to anyone again!

[RealMadridDj]

My dads Cane Corso recently escaped from the enclosed yard and bit someone that didn’t know the dog was fearful of random people and began to chase it down to bring him home but the dog ended up biting her. I’m scared that my dad will face severe charges because he is an older gentleman that truly loves his dogs and has spend thousands trying to get this particular dog trained. Thanks for the video, we’re hoping for the best.

[polachelliot]

Who is considered the owner when a police dog bites an individual inadvertantly or inappropriately and outside their scope? This was just litigated in Minnesota and appealed to the supreme court but what do you think the answer is? Is it the handler or the agency?

[caledoniaforth]

hi there was wondering if you had an email i could contact you and ask you more questions about this subject?

[lisaliners]

Hi, thank you for this video. It was helpful. You said have insurance for your dog. Do you mean renters or homeowners insurance or actual medical insurance for your dog? I have renters insurance but not dog medical insurance. The day of the incident I offered to pay for her medical expenses (thankfully the alleged bite was super minor.) And what medical documentation am I allowed to ask for? Meaning I want to ensure I'm paying for the incident related expenses ONLY. Can I ask that all expenses to be paid come directly from the doctors office? Thank you for your time.

[colbyrobinson]

Hey I had a recent accident that just happened and I was wondering if I could ask you a question through email?

[SavannahEngineer]

Neighbor accused my dog of biting her. Other neighbors and my two children witnessed the event and said he didn’t bite her. She took photos of a scratch (who knows how she got it?!) and filed a claim against my insurance. Insurance offered her a small settlement and she declined. She allegedly told the claims adjuster she was going to consult an attorney. Two months now and I’ve heard nothing. The claim is still open and I’ve been notified by my insurance that I’ve got to get rid of my dog or they’re dropping us. What do I do?

[kiaraalyse]

I'm in Virginia, my daughter had our dog by the collar and a lady walking the neighborhood thought it was a good idea to reach for my dog and pet it. because he is protective of the children he bit her, and now we are seating just waiting on word from the city or state attorney on how they are going to proceed. I am so stressed . All our neighbors say our dog isn't a violent dog and we have never seen this lady before . it just sucks

[Slay]

Hello I left my dogs in my car to run into my mom house, an this lady was walking by with 2 of her dogs. so my dog got excited an started scratching again the door of my car an she pressed a bottom inside my van that automatically opens the door, an she got out an attacked her dogs an bit her on the hand the ambulance came her dogs was fine they gave her a few stitches she denied going to the hospital. when I talked to her she said it’s fine I’m ok I just have to wear this bandage on her finger for a couple days an then she sued me my state is strick liability state an I don’t have insurance what should I do?

[mysteriogaming]

I’m watching this hair i case I had a dog in the future and he ever dose end ho bites someone this video will be helpful

[AllMoneyIn_Bullies]

I appreciate your honesty in my case a lady said she got bit by my dog while my dog came out of my garage and ran towards her she was walking a smaller dog as she picked her dog up I believe her own dog scratched her arm after I brought my dog in she came over to show me the injury which was a scratch no puncture no blood literally a scratch no I’m being Sue for her hospital bill for bandage and cleaning 3800 and her suffering i don’t know what to do I’ve tried to ignore it but they have reached out to my landlord now I didn’t know my landlord could be called if I’m the dog owner can my landlord refuse

[sharonginchansky]

What type of pet insurance should we get?

[pattidelaney]

Hi Barry, my dog bit someone. My dog jumped out the front door when i set the mail on the floor just inside the door. Fell to my knees and started to get up.I heard a strange high pitch noise and not sure if it was an animal or what. I walked toward the passenger side of the truck, I called my dog and she obeyed and came. I put her on her tie down. Then i heard loud crying on the other side of my truck and went around to find out who was crying. I found a woman sitting on my lawn and she said a dog bit her! I saw blood near her ankle. I asked if i could call the ambulance and she shook her head no. Called my neighbor to come over to help out. The gal who was bitten and i were very shook up. Once my neighbor got there she asked if we could call the aid car and the gal shook her head no. That's when i ran into the house to get a roll of paper towels. Ran back out to the two gals and grabbed a wad of paper towels for her to put on. My neighbored later told me that the gal called her brother and her neighbor but didn't get anyone. I asked her if she wanted me to give her a ride home. She agreed. She lives about 5 blocks away. She checked the bites and we noticed the bleeding had stopped. I brought her home and helped her to her front door. I told her i would be checking back with her and i told her i would pay any expenses she might have due to the bite. Now the gal who was bit and her brother filed a law suit with Morgan and Morgan. My homeowners insurance does not have a clause that covers dog bites. Can you either put me in touch with a personal liability lawyer or Ormond Beach, FL or Daytona Beach, FL?
Also, i am thinking that loud screeching noise provoked my dog?

[mikeymclucky]

My son was bit twice by his friends mom's dog. Once on stomach and on leg. We live in Illinois. What should I do

[thehemiolds]

Mom and i got beating by my brother in law American bully dog, i leave in Chicago. What do next im planning to sue any thoughts.