Are Dog Bites Covered Under Public Liability?

In most cases, dog bites fall under public liability law, and the rules governing them can vary from state to state.

It’s hard to know what to do when you’re out in public performing your everyday tasks, only to be bitten by a dog. You don’t always know whether to call it a bad day and walk away, or to collect the owners’ information and pursue the situation further. The severity of the bite and the circumstances of the incident also complicate the matter. Many people wonder whether, if they decide to take it further, dog bites are covered under public liability. Here’s what you need to know: 

Dog Bite Statutes

Many people request Fittipaldi Injury Lawyers public liability services after being involved in a dog attack because the law can be confusing when it comes to dog bites. Most states (but not all) have strict liability statutes, meaning that a dog’s owner is automatically responsible for any injuries their dog causes. It doesn’t matter whether the owner was negligent or the dog had a history of aggression. Under these laws, victims only need to prove they were in a public place or lawfully on private property when they were bitten. 

One Bite Rule

In some states, such as Texas, Mississippi, Virginia, and New York, a ‘one bite’ rule applies. Under this rule, the plaintiff, or victim, must prove that the dog owner knew or was negligent in not knowing that the dog had a propensity to hurt people. If they prove this, and if the dog bite happened within the dog owner’s property, the dog owner may be held liable for the bite.

Claim Payments

If you pursue a claim for a dog bite you’ve suffered and are successful, you may be curious about how the claim is paid. In most cases, the dog owner pays it through their homeowner or renter insurance policy, or even personal pet insurance. If the incident happened on a business’s property, public liability insurance may cover the costs. If you were bitten while at work, your employer’s liability insurance may come into effect. 

Common Defenses

Not all dog bite cases are straightforward. Dog owners may claim that the plaintiff was trespassing on private property or that they provoked the dogs through actions or words. Some dog owners opt for the assumption of risk defense, in which they say a victim voluntarily exposed themselves to danger by deliberately interacting with a dog known to be aggressive. It’s also not uncommon for dog owners to deny ownership of the dog or say the plaintiff’s injuries weren’t caused by their dog. 

Dog Bite Damages

If a victim is successful in their claim, they can seek compensation for all the costs they’ve incurred. These can include medical expenses, lost wages, and property damage. They may even be able to claim non-economic damages, such as pain and suffering and emotional distress. The more evidence there is to support a claim, such as medical records, photos, and witness statements, the more likely it can be for you to file a successful claim. 

In most cases, dog bites fall under public liability law, and the rules governing them can vary from state to state. The more you know about what happens during a dog bite claim, the more confident you may feel if you’re in this situation yourself.