Dog Bite Laws By State: Understanding The Differences (2026)

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Sarah Edwards

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Reviewed By Adam Ramirez, J.D.

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Summary

  • Most states have strict liability or one-bite rules for dog bites
  • Leash laws can play a role in a dog bite case, too

Every year in the United States, approximately 334,000 people are admitted into emergency departments for dog bite-related injuries. One of the legal options available in these instances could be a personal injury claim, but be aware that there are various dog bite laws by state.

If you have suffered injuries, whether minor or catastrophic, as a result of a dog attack, knowing what to expect from the legal process, depending on where you live, is essential. Learn more about your legal options and why having a personal injury lawyer makes a significant difference.

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Understanding Dog Bite Liability: Strict Liability vs. One-Bite Rule

Dog bite laws vary by state but tend to fall into two main types. These are strict liability and the one-bite rule. Strict liability holds dog owners responsible for the injuries their animals cause, regardless of whether they displayed any type of negligence.

The one-bite rule, on the other hand, requires establishing that the dog’s owner knew or should have known the animal was dangerous because it had attacked someone before, and they failed to prevent another bite.

State-by-State Dog Bite Laws

Understanding dog bite laws by state can help you better prepare when filing a claim.

State
Liability Type
What Owners Pay For
Main Defense
Alabama
Strict Liability
Unprovoked attacks on owner's property (lawful visitors)
Owner had no knowledge of dog's aggression
Alaska
Negligence Standard
Only if owner was negligent in control/care
General negligence standards apply
Arizona
Strict Liability
Public property bites + lawful private property visits
Victim provoked the dog
Arkansas
Negligence/Knowledge
If owner knew of dangerous tendencies OR negligent
Owner unaware of dog's dangerous behavior
California
Strict Liability
Unprovoked attacks (public/lawful private visits)
Police dogs are exempt
Colorado
Mixed Rule
One-bite rule generally; strict liability for serious injuries
Provocation, trespass, or "Beware of Dog" sign posted
Connecticut
Strict Liability
All attacks unless victim trespassed (children under 7 presumed lawful), abused dog, committed crime, or police dogs
Victim trespassed, abused dog, or was committing crime
Delaware
Strict Liability
All attacks unless victim trespassed or abused dog
Police dogs and protection animals exempt
Florida
Strict Liability
All unprovoked attacks (with comparative fault consideration)
Victim trespassed, abused dog, or committed crime; "Bad Dog" sign posted
Georgia
Strict Liability
Dangerous animals or off-leash/out-of-control dogs
Victim must prove dog's dangerous propensities
Hawaii
Strict Liability
When owner proven negligent
Victim trespassing or animal abuse
Idaho
One-Bite Rule
Only after first incident if owner knew of danger
Trespassing, animal abuse, criminal acts, hunting interference
Illinois
Strict Liability
All bites and attacks
Victim trespassed or provoked dog
Indiana
Mixed Standard
Strict liability for postal/government workers; negligence for others
Victim trespassed or provoked dog
Iowa
Strict Liability
All bites and injuries
Illegal acts by victim and some rabies cases
Kansas
One-Bite Rule
Only if owner negligent after knowing of danger
General negligence principles apply
Kentucky
Strict Liability
People, livestock, and property damage
No major statutory exceptions
Louisiana
Strict Liability
If owner could have prevented bite
Victim provoked the dog
Maine
Strict Liability
Bites occurring on owner's property
Victim must show lack of owner fault
Maryland
Strict Liability
At-large dogs (off-leash in public)
Provocation, trespassing, or animal abuse
Massachusetts
Strict Liability
Unprovoked attacks; children under 7 presumed not trespassing
Provocation or trespassing
Michigan
Strict Liability
Public property and lawful private property visits
Provocation or trespassing
Minnesota
Strict Liability
Public places and lawfully on private property
Provocation or trespassing
Mississippi
One-Bite Rule
If owner knew of dog's dangerous propensities
Owner unaware of dangerous behavior
Missouri
Strict Liability
Unprovoked attacks (public or lawful private); $1,000 fine possible
Courts may reduce damages for victim fault
Montana
Strict Liability
In incorporated cities and towns
No major statutory exceptions
Nebraska
Strict Liability
All bites and injuries
Playful dogs and trespassers exempt
Nevada
Negligence Standard
When owner negligent; may face felony charges for vicious bites
General negligence rules apply
New Hampshire
Strict Liability
All injuries caused by dogs
Trespassing or other criminal acts by victim
New Jersey
Strict Liability
Public property and lawfully on private property
No major statutory exceptions
New Mexico
Strict Liability
If owner knew of dog's dangerous propensities
Owner unaware of dangerous behavior
New York
Strict Liability
Dangerous dogs with exceptions for human defense
Victim must prove negligence for non-physical damages
North Carolina
Strict Liability
At-large and known dangerous dogs
Victim may also sue for negligence
North Dakota
Strict Liability
Under negligence rules
General negligence standards apply
Ohio
Strict Liability
Injuries from dog's behavior
Trespassing, criminal acts, or provocation
Oklahoma
Strict Liability
Unprovoked attacks (public or lawful private property)
No major statutory exceptions
Oregon
Strict Liability
Dogs with known dangerous tendencies
Provocation may reduce damages
Pennsylvania
Mixed Rule
One-bite rule generally; strict liability for severe unprovoked injuries
Victim provoked or contributed to injury
Rhode Island
Strict Liability
Unprovoked injuries from unconfined dogs to lawful visitors
Dog confined on owner's property is exempt
South Carolina
Strict Liability
Public property or lawful private property visits
No major statutory exceptions
South Dakota
Strict Liability
All injuries; especially if owner knew of dangerous behavior
General negligence standards apply
Tennessee
Strict Liability
All pet-caused injuries regardless of prior behavior
Trespassers or those causing harm to others exempt
Texas
Strict Liability
All unprovoked bites/attacks to lawful visitors
Victim can claim for leash violations and negligence too
Utah
Strict Liability
All dog injuries regardless of prior behavior
Police/government animals exempt from liability
Vermont
Strict Liability
When victim proves owner knew dog was dangerous
Owner had no knowledge of dangerous propensities
Virginia
Negligence Standard
When owner had knowledge of dog's dangerous behavior
Trespassers, intruders, provocation, animal abuse exempt
Washington
Strict Liability
Unprovoked attacks (public/lawful private visits)
Law enforcement animals exempt
West Virginia
Strict Liability
If dog had at-large status during attack/bite
Dog controlled/confined at time of incident
Wisconsin
One-Bite Rule + Penalty
$50-$2,500 fine for first offense; second offense doubles damages
Specific statutory penalty structure applies
Wyoming
Strict Liability
If victim proves negligence or owner knowledge of violence
Comparative fault may assign shared liability
Washington, D.C.
Strict Liability
At-large dogs off-leash in public spaces
Victim's contributory negligence may reduce award

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How Strict Liability Laws Protect Dog Bite Victims

Many states have adopted strict liability laws for dog bites because of how they can assist victims. In these cases, you don’t have to demonstrate that the owner was negligent, making the evidence-gathering process a bit easier.

Instead of focusing on whether the dog owner knew that their animal was dangerous, strict liability cases mainly look at the types of damages the victim could be entitled to depending on the extent of their injuries. It offers a clearer and faster path to compensation.

When Dog Owners Avoid Liability: Common Exceptions

There are some exceptions that dog bite laws allow for, both in strict liability and one-bite rule instances. One of these exceptions is if the victim provoked the animal. If you were teasing or otherwise bothering the dog, any resulting injuries could be seen as partly or fully your fault.

Another exception would be if you were trespassing at the time of the attack. The owner will likely not be held responsible for injuries you sustain if you were not on the property legally.

The owners of police or military dogs are usually exempt from any type of liability if the bite occurred when the animal was performing its official duties. That could mean while chasing an individual, trying to apprehend them or participating in an investigation.

Some jurisdictions also make exceptions for other types of working dogs. If they were herding, hunting or performing predator control services on the owner’s property when the bite occurred, the owner may be exempt from liability.

Some individuals are seen as having full knowledge of their risk of being bitten. Veterinarians and dog groomers are two examples. If a dog bites them, the animal’s owner would likely not be liable.

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Local Leash Laws and Their Impact on Dog Bite Cases

Local leash laws have a significant impact on dog bite lawsuits. In many jurisdictions, breaking a leash law could make an owner responsible for breaking a safety statute. This would make them immediately liable for any resulting injuries.

Breaking leash laws can make it easier for victims to prove the owner was negligent and breached their duty of care toward other members of the public. This makes it easier to prove fault.

What Damages Can You Recover After a Dog Bite?

After sustaining a dog bite, you can recover economic and non-economic damages. Economic damages address tangible losses, beginning with medical expenses. If the injuries were significant, you can receive compensation for future care you may need as well.

Economic damages also address lost wages if you have to miss work as you recover. In instances when you can’t return to work in the same capacity, you could also receive compensation for your loss of earning potential.

Non-economic damages address losses that don’t come with clear price tags. You can receive coverage for your physical and emotional suffering, as well as your loss of enjoyment of life, if the injuries prevent you from living as you used to.

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Filing a Dog Bite Claim: Time Limits and Legal Process

Beginning a dog bite claim is a complex process, and it’s not one you should delay. There are statutes of limitations you must abide by. These are timelines that dictate how long you have to file a claim. Just like other dog bite laws by state, each jurisdiction has its own statute of limitations.

To begin the legal process of holding a dog’s owner responsible, you will need to file a claim with the help of an attorney. They will gather evidence to demonstrate that you deserve compensation for your losses and calculate the damages you may be entitled to.

Negotiations with insurance companies come next. The purpose of these is to reach a fair settlement.

If you have sustained an injury because of a dog bite, you may have to pursue a personal injury claim. To have a chance to recover your full losses, you need an attorney by your side. At ConsumerShield, we can assist you in connecting with a local lawyer. Contact our team to get started.

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Personal Injury Knowledge Base

Read the latest information on Personal Injury and find answers to your questions. Currently there are 54 topics about Personal Injury Claims.

Frequently Asked Questions

  • Most dog bite claims are settled out of court. If there are disputes that make a settlement impossible, it may be necessary to take the case to trial.

  • The severity of the injuries, the amount of evidence and its quality and whether you hold some fault in the incident will all impact how much your case is worth.

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