Dog Bite Liability 101

Dog Bite Liability 101

Dogs are one of humans’ most faithful companions and are one of the most popular live-in pets. The American Veterinary Medical Association (AVMA) estimates that 89.7 million dogs were kept as pets in the U.S. as of 2024.

The high number of dogs kept as pets means an increased opportunity for dog bites. In the U.S., millions of people get bitten by a dog every year. Bites are most common among children and are more likely to cause severe injury. Most bites come from known dogs, such as one that lives in your home.

Now, nobody wants to admit to the fact that your easygoing pet could bring harm to another human. While you may know your dog to be amazing, playful, and generally friendly, there is always a chance that your dog might get triggered and overstep the bounds of friendly into that of an attacker, so it’s essential to know about dog bite liability, from who is liable to how you can protect yourself.

How Do Local Laws Impact Liability?

In the U.S., dog bite liability typically falls on the owner, though some states have slightly different approaches to liability. Laws generally fall into two main categories.

Strict Liability

In some states, a dog owner would be held liable whether or not they were aware that their pet had a tendency to bite. These are strict liability states and make up a majority of the United States. A few examples are California, Florida, Michigan, and Illinois. In these states, the victim doesn’t need to prove a history of violence or carelessness on the part of the owner.

“One-Bite” Rule

In other states, you would be liable for an incident with your dog only if you had foreknowledge that your dog could tend to get aggressive. In the first instance your dog bites, you may avoid liability, but in future cases, you are considered aware of the danger and responsible for liability. A few states that apply this rule include Virginia, Georgia, and Texas.

Who Is Liable for Dog Bites?

Generally, owners are responsible for dog bites since the dog is considered the owner’s property. However, other parties may hold liability in certain situations.

Owners

Dog owners can be held liable under one of three laws:

• Dog-bite statutes: You, the dog owner, automatically assume responsibility for whatever property damage or injury that your unprovoked dog is attributed to have caused.
• One-bite rules: You, the dog owner, automatically assume responsibility for injuries caused by your dog if you had previous knowledge that your dog had a tendency to get aggressive or bite. If you’re slammed with a lawsuit in this case, whoever is suing you must present evidence to confirm this.
• Negligence laws: You, the dog owner, automatically assume responsibility for injuries caused by your dog if the injuries occurred as a result of your negligence during handling.

Other Responsible Parties

In certain situations, liability could also apply to:

• Dog walkers and caretakers
• Landlords
• Businesses with dogs

The injured party could also be held liable if they provoked the dog. In cases involving children under 18, the parents of the injured child may be liable for failing to keep their child away from a dog they knew was dangerous.

How Is Liability Determined?

No matter the state’s laws, dog bite liability cases will require evidence, such as:

• Photos of the dog, the attack location, and injuries
• Clothes worn by the victim
• Statements from eyewitnesses
• Dental impressions, fur, blood, and saliva from the dog
• Police or animal control reports

In states with a “one-bite” rule, the victim may also need to prove that the dog had a history of aggression.

Does Your Homeowners Insurance Cover Dog Bite Liability?

Generally, homeowners insurance covers dog bites. Average dog bite settlement amounts vary, but the total homeowners insurance claims for dog-related injuries in 2024 were $1,570 million in the U.S. The average cost per claim was $69,272 in the same year.

Apart from tempers flaring and you trying your best to apologize and keep the situation in control, you might also find yourself being slammed with a lawsuit. This situation is where homeowners insurance that covers dog bite liability comes in.

Some standard policies may also exclude coverage. If the claim exceeds the already stated limit, the dog owner assumes responsibility for the extra sum not covered by the insurance.

What Is Dog Bite Liability Coverage?

Dog bite liability is usually an aspect of homeowners insurance and may provide the funds to cover expenses or settlements that stem from lawsuits or medical bills as a result of a dog bite in the event of a covered claim, but they usually have a set limit.

The severity of the dog bite typically determines how much legal and medical expenses would result. There are certain diseases spread by animals, and this makes the situation a lot dicier. Generally, bites from obviously aggressive breeds of dogs cost a lot more.

Having a pet isn’t always a joyride. There is the possibility of bites, and you would be surprised at just how often this can happen. There are various policies, and you could get one that covers both incidents that occur away from home and those that may occur to a trespasser on your property.

If you plan to have your dogs exposed to other people, especially when you’re hosting in your home, then a dog bite liability coverage solution is essential.

Do You Need Dog Bite Insurance Coverage?

There are a number of reasons why you might need to include a dog bite liability policy.

“Dangerous” Dog Breeds

One of the main reasons for this is that most insurance companies have a list of dogs termed dangerous, which they do not cover in their insurance policies. It doesn’t matter whether or not the dog has a bite history — they are completely excluded.

These dog breeds typically include Doberman pinschers, pit bulls, Great Danes, rottweilers, German shepherds, wolf hybrids, Staffordshire terriers, and Alaskan huskies. Insurance coverage helps to protect your personal finances from the onslaught that a lawsuit may have on them in the event of an incident involving your pet.

Lawsuits from dog bite incidents may be so expensive that a lack of proper coverage can drive a homeowner to bankruptcy. In other cases, it could result in you having to forfeit your home.

Although your dog may be very gentle with no history of aggression, provided it is on the list of breeds deemed dangerous, your homeowners or renters insurance would not cover dog bite liability.

Previous Bite History or Aggressive Behavior

Also, if your dog has had a previous record of biting someone, you may need to get dog liability insurance. All dogs have a tendency to bite if they are scared or feel threatened. If you have noticed aggressive behavior in your pet, probably while they were playing with a friend or neighbor, then insurance is necessary.

Requirements Set by Others

In addition, condo associations, subdivision associations, and landlords usually require it.

How Do You Get Dog Bite Liability Insurance?

While the thought of getting dog liability insurance simply because other people feel unsafe around your pet may be annoying, it is advisable to have coverage in place in case you eventually get to see another side to your pet that you never imagined was there.

Once you have a policy in place, you can continue your pleasant association with your pet with the assurance that you and your pet are covered up to policy limits in the case of a covered claim.

1. Find a Qualified Partner

Presently, there are a number of insurance producers and insurance companies that offer canine liability insurance. You can contact them if your apartment complex, county, or homeowners association mandates that you carry out the process. To start with, you need to identify a partner in your state that has a license to sell insurance.

2. Study Insurance Policies

You need to closely study the policies to ensure that you’re getting the best and that there are no exclusions that may come back to bite you later. For instance, some companies only provide coverage for your dog when they are within the confines of your property.

Therefore, if the incident happened outside of your property — probably in the neighborhood or someplace — every payment in the form of compensation comes out of your pocket.

3. Explore Premiums and Savings Options

Different companies determine the amount of premium that they would charge. Typically, the companies offer different policies. Factors considered usually include the deductible, bite history, and dog breed.

Some companies also allow you to take out unique policies for specific dogs. For instance, you may pay less if you can prove that the dog has had no history of aggression or biting. Other factors, like specialized training or presenting proof of obedience training, can help to significantly lower your payments.

Bringing Your Dog To Work

Some say dogs at work reduce stress, increase productivity, and create good public relations with customers. Just ask Google, Zynga and Ben & Jerry’s. Others beg to differ. While the jury is out on whether or not dogs improve the bottom line, there is one thing that everyone can agree on — there are liabilities to bringing dogs to work.

What if your dog misbehaves and takes a disliking to a colleague or another dog at work, or worse — to a customer onsite? What if a coworker is not on the same page because he/she is allergic to dogs. In the U.S., as many as 3 in 10 people with allergies have allergic reactions to cats and dogs.* Consider this: according to the Americans with Disabilities Act of 1990, an animal allergy can be considered a legitimate disability. If your co-worker is huffing and puffing and just plain miserable around your dog — and you’re not considering the health condition of a pet-allergy sufferer — it could amount to discrimination against the disabled.

While your employer should have insurance in place to cover any mishap to employees or customers on-premises, the dog owner can be held liable as well. Of course, you want to be able to bring Fido to work, but at what cost? Can you afford the financial “bite” of a lawsuit?

Key Considerations Before Bringing Your Dog to Work:

• Verify your employer’s insurance coverage and policies regarding dogs in the workplace
• Obtain written permission from management and HR
• Ensure all vaccinations are current and documented
• Complete a professional temperament assessment for your dog
• Create a plan for managing your dog’s needs during the workday
• Consider getting additional personal liability coverage
• Check if there are any employees with allergies or fear of dogs
• Familiarize yourself with the workplace’s dog policy and any restrictions
• Have a backup plan for days when bringing your dog isn’t appropriate
• Keep records of your dog’s training and behavior certifications

Understanding Your Risks and Coverage Options

Many dog owners are asking themselves if they need dog bite insurance. First, it’s important to note that there are as many as 800,000 dog bites treated every year in the United States. The number of unreported dog bites is estimated to be as high as 3.9 million a year, and children account for more than 60 percent of dog bite victims. Many people own dogs as a method for deterring prowlers or trespassers. But, be advised, a “Beware of Dog” sign does not absolve you of liability for injury caused by your dog. Dog bite insurance could be an important consideration for any dog owner – especially owners of so-called dangerous breeds.

Most courts will hold you liable for the injuries your dog inflicts, depending on the specific circumstances surrounding the bite. In some states, like New Mexico, there are “one bite” laws – even if the bite victim was trespassing on your property. In these states, you are strictly liable for any dog bites that take place after the first occurrence. You can also be held liable on the first dog bite if the courts find you were negligent in some manner.

As the number of dog bite injuries in the U.S. rises, more and more dog owners find themselves receiving cancellations of homeowners or renters insurance, or the policies that they purchase exclude coverage for incidents involving the breed of their dog. Your dog is legally a member of your household, and you can be held personally liable for your dog’s actions. Your policy can be in jeopardy even if your mixed breed dog’s background contains certain breeds. The breeds that insurance companies most often refuse coverage for are American Staffordshire Terriers, Staffordshire Bull Terriers, the mixed breeds commonly called Pit Bulls, and Rottweilers. Because of their powerful jaws, these dogs can cause severe injury.

Partner With XINSURANCE for Dog Bite Liability Solutions

XINSURANCE can help you find animal liability coverage solutions regardless of breed, bite history, or a number of other factors that may otherwise prevent you from getting a great plan. To get a quote, fill out our form online.

Authored by Rick J. Lindsey, President, Chairman, and CEO of XINSURANCE

Rick J. Lindsey hails from Salt Lake City, Utah. He began working in the mailroom of his father’s Salt Lake City insurance firm, getting his introduction to the business that became his lifelong career. Rick J. Lindsey quickly rose through the ranks while working in nearly every imaginable insurance industry job. As an entrepreneur, specialty lines underwriter, claims specialist, risk manager, and a licensed surplus lines broker, Rick J. Lindsey is highly skilled in all levels of leadership and execution. As he progressed on his career path, Rick J. Lindsey discovered an urgent need for insurers willing to write policies for high-risk individuals and businesses. He was frequently frustrated that he could not provide the liability protection these entities desperately needed to safeguard their assets. He also formed the belief that insurance companies acted too quickly to settle frivolous claims. Rick J. Lindsey decided to try a different approach. He started an insurance company and became the newly formed entity’s CEO. This opportunity has enabled Rick J. Lindsey to fill a void in the market and provide a valuable service to businesses, individuals, and insurance agents who write high-risk business. XINSURANCE also specializes in helping individuals and businesses who live a lifestyle or participate in activities that make them difficult for traditional carriers to insure. If you’ve been denied, non-renewed, or canceled coverage, don’t give up quite yet. Chances are XINSURANCE can help.