Dog Bite Laws By State

ALABAMA

Ala. Code § 3-6-1

Dog owner liable for damage caused by dog if victim is legally on property of dog owner.

ALASKA

Sinclair v. Okata, 874 F. Supp. 1051 (D. Alaska, Oct.

12, 1994). Reliance on Restatement (Second) of Torts

No Dog Bite Statute. However, owner will often be found liable in the presence of negligence or

strictly liable if the owner knew of the dog’s dangerous propensities.

ARIZONA

Ariz. Rev. Stat. §§ 11-1025, 11-1026

No “One Bite” Rule. Owner strictly liable for bites occurring in a public place or when victim is lawfully in a private place. Only defense is provocation.

ARKANSAS

Strange v. Stovall, 261 Ark. 53, 546 S.W.2d 421 (Ark.1977).

No Dog Bite Statute. Negligence on the part of the owner will lead to liability and knowledge of dangerous propensities will lead to strict liability.

CALIFORNIA

Cal. Civ. Code § 3342

Strict Liability where dog bite occurs when victim is on public property or lawfully on private property.

COLORADO

Colo. Rev. Stat. § 13-21-124

Strict Liability upon the dog owner only in cases of “serious bodily injury”. Otherwise, a “One Bite Rule” jurisdiction or requires proof of a dangerous propensity (5 “classifications”). Only economic damages under Strict Liability.

CONNECTICUT

Conn. Gen. Stat. Ann. § 22-357

Dog owner/keeper will be liable for damages, unless victim committed a trespass, tort, or was abusing the dog. If victim is under the age of 7, there is a presumption against trespass/tort.

DELAWARE

Del. Code Ann. § 1711

Dog owner is liable for damages in all types of injuries caused to person or property by their dog.

DISTRICT OF COLUMBIA

D.C. Code Ann. § 8-1808

Application of Contributory Negligence. Victim is barred from recovery if it is found that their conduct is even minimally responsible for the incident.

FLORIDA

Fla. Stat. § 767.04

Dog owner can be found liable upon first bite, but comparative fault of victim can reduce damages by the percentage the victim is found liable. Dog owner not liable if they post an easily readable “Bad Dog” sign.

GEORGIA

Ga. Code Ann. § 51-2-7

Owner who keeps a ‘vicious or dangerous’ animal and allows it to run free, injuring someone who does not provoke it, may be liable in damages. However, this section doesn't apply to dogs subject to § 4-8-4(b). Establishes minimum standards for the control and regulation of dogs. Provides for the identification of dangerous/vicious dogs, requires registration for the possession of such dogs, and requires the owner to maintain an enclosure, post warning signs, have a microchip implanted, and provide $50,000 in liability insurance.

HAWAII

Haw. Rev. Stat. Ann. § 663-9

Section 663-9 seems to establish strict liability by clearly eliminating knowledge of the dangerousnessor viciousness of a dog as an element of proof. However, in Hubbell v Iseke, 727 P2d 1131 (Haw. App.1986), the court determined that the plaintiff must prove at least negligence on the part of the defendant.

IDAHO

Idaho Code § 25-2805

Dog owner will be liable if they were negligent or had knowledge of the dog’s dangerous

Propensities

ILLINOIS

510 I.L.C.S. 5/16 § 16

Dog owner will be liable for all injuries, even if not caused by a bite, absent provocation or trespass by the victim.

INDIANA

Ind. Code § 15-5-12-1, 2, 3

Dog owner will be strictly liable where the victim is carrying out a duty imposed by law. Dog ownerwill also be liable if they were negligent or had knowledge of the dog’s dangerous propensities.

IOWA

Iowa Code Ann. § 351.28

Dog owner will be strictly liable if their dog bites (or attempts to bite) a person or a domestic animal.(Exception is if the dog has rabies and the owner does not know).

KANSAS

Mercer v. Fritts, 9 Kan. App.2d 232, 676 P.2d 150 (Kan. 1984).

Restatement (Second) of Torts § 518

Dog owner will be liable if it is found that they had knowledge of the dog’s vicious propensities, or if they acted negligently.

KENTUCKY

Ky. Rev. Stat. § 258.235

Dog owner will be liable for all damage to person, livestock, or property, caused by the owner’s dog. The law gives all people authority to kill a dog seen attacking someone.

LOUISIANA

La. C.C. Art. 2321

Dog owner will be held liable for damages, so long as the victim proves that the owner could have prevented the incident.

MAINE

Me. Rev. Stat. Ann. § 3961

Dog owner will be liable for damages which occurred when victim was not on the owner’s/keeper’s premises.

MARYLAND

Herbert v. Ziegler, 261 Md. 212, 139 A.2d 699 (Md.1958).

Twigg v. Ryland, 62 Md. 380, 1884 WL 5954 (Md.1884).

Dog owner will be held liable if victim can prove that the dog owner knew of the dog’s vicious propensities. However, if the victim is found to be even 1% at fault, they cannot recover anything.

MASSACHUSETTS

Mass. Gen. Laws Ann. 140 § 155

Dog owner will be held liable for damages caused by their dog, absent trespass, teasing, or tormenting. If the victim is under the age of 7, the presumption is that there was no trespass or provocation.

MICHIGAN

Mich. Comp. Laws Ann. § 287.351

Dog owner will be liable for all damages resulting from a dog bite when the victim is either on public property, or lawfully on private property. visit our Michigan dog bite law page for more information. 

MINNESOTA

Minn. Stat. Ann. § 347.22

Liability against the dog owner will be almost absolute. Any comparative negligence on the part of the victim is not considered.

MISSISSIPPI

Poy v. Grayson, 273 So.2d 491 (Miss. 1973).

“One-Bite” Rule. Dog owner is only liable if they have knowledge of their dog’s vicious propensities.

MISSOURI

Mo. Rev. Stat. § 273.036

Dog owner will be held liable for damages to victim, livestock, and property while victim was on public property, or lawfully on private property. However, victim’s damages may be reduced by the percentage that they were at fault.

MONTANA

Mont. Code Ann. § 27-1-715

Dog owner will be held strictly liable for damages caused by their dog, if the incident occurred in an incorporated town or city.

NEBRASKA

Neb. Rev. Stat. § 54-601

Dog owner will be held strictly liable for damages caused by their dog, unless the dog is playful and mischievous – in these cases, the “one-bite” rule applies.

NEVADA

Nev. Stat. Ann. § 202.500

No civil liability statute for an average dog bite. The common law for liability, however, states that if the plaintiff can prove that the dog owner’s negligence led to the dog bite injury, the plaintiff may recover damages for the dog bite injury. Section 202.500 makes owner guilty of felony if “vicious” dog (has previously inflicted serious personal injury) bites as opposed to merely a “dangerous” (2 bites within 18 months) dog.

NEW HAMPSHIRE

N.H. Rev. Stat. Ann. § 466:19

Dog owner will not only be held strictly liable for all physical damages caused by their dog, but also for any mischievous acts which causes injury.

NEW JERSEY

N.J. Stat. Ann. § 4:19-16

Dog owner will be held strictly liable for damages to victim when victim is on public property or lawfully on private property.

NEW MEXICO

Smith v. Village of Ruidoso, 128 N.M. 470, 994 P.2d 50 (N.M. 1999).

Dog owner will only be found strictly liable if they had prior knowledge of the dog’s vicious propensities, or liable if they were negligent.

NEW YORK

N.Y. Agriculture & Markets Law, § 121(8)

Dog owner will be held strictly liable for medical damages, but for all other damages the victim must prove that the owner knew (or should have known) of the dog’s dangerous propensities.

NORTH CAROLINA

N.C. Gen. Stat. Ann. § 67-12, 67-4.4, 67-4.1

Dog owner will only be liable if they intentionally, knowingly, and willfully let their dog violate the “running at large” statute at the time of the incident.

NORTH DAKOTA

Sendelbach v. Grad, 246 N.W.2d 496 (N.D. 1976).

Dog owner will be liable for damages, if the victim can prove that the dog owner was negligent and negligence caused the injury.

OHIO

Ohio Rev. Code. Ann. § 955.28

Owner will be held liable for any damages caused by dog. Trespass is a defense. Individuals are protected if they feared a dog bite and killed/maimed the dog.

OKLAHOMA

Okla. Stat. § 4-42.1

Dog owner will be held responsible for all damages, absent trespass or provocation.

OREGON

Westberry v. Blackwell, 282 Or. 129, 577 P.2d 75 (Or.1978).

Dog owner will be liable for victim’s bite injuries if they knew (or had reason to know) of their dog’s dangerous propensities.

PENNSYLVANIA

Pa. Consol. Stat. § 502 A

Dog owner will be strictly liable if they had knowledge of their dog’s violent propensities. If the dog owner did not know, they will be liable for all damages (medical plus other damages) for severe injuries, but only liable for medical damages for non-severe injuries.

RHODE ISLAND

R.I. Gen. Laws § 4-13-16

Dog owner will be held liable for all damages unless the dog was confined. If a dog owner is found liable for bite-damages a second time, the damages will be doubled.

SOUTH CAROLINA

S.C. Code Ann. § 47-3-110

Dog owner will be liable for all damages if victim was on public property or lawfully on private property.

SOUTH DAKOTA

Blaha v. Stuard, 640 N.W.2d 85 (S.D. 2002).

Dog owner will be liable if the victim can prove that the owner knew, or should have known, of the dog’s dangerous propensities, or if the owner was negligent.

TENNESSEE

Tenn. Code Ann. § 44-8-413

Dog owner is liable for all damages, regardless of prior knowledge of dog’s vicious propensities. Trespass is a defense.

TEXAS

V.T.C.A., Health & Safety Code § 822.005

Dog owner will be liable if the victim can prove that the owner had knowledge of the dog’s dangerous propensities, was negligent, a leash law was violated, or the owner caused the injury intentionally.

UTAH

Utah Code Ann. § 18-1-1

Dog owner is liable for damages, regardless of prior knowledge of dog’s vicious propensities. Government will not be held liable for dogs assisting law-enforcement.

VERMONT

Hillier v. Noble, 142 Vt. 552, 458 A.2d 1101 (Vt. 1983).

Dog owner will be liable to the victim for damages if it can be proven that the dog owner had knowledge (or should have known) of the dog’s prior dangerous behavior.

VIRGINIA

Butler v. Frieden,

158 S.E.2d 121 (Va. 1967).

Recognizes common law duty of exercising ordinary care to protect other persons from injuries that might be inflicted by his dog and was subject to civil liability for breach of that duty. Owner must have prior knowledge of dog's dangerous propensity, unless owner negligent or broke the law.

WASHINGTON

Wash. Rev. Code § 16-08-040

Dog owner will be held liable for damages, regardless of prior knowledge of dog’s vicious propensities, absent provocation.

WEST VIRGINIA

W. Va. Code § 19-20-13

If the dog owner allows their dog to run at large, they will be liable for damages the dog inflicted on people or property while they were at large.

WISCONSIN

Wis. Stat. § 174.02

Dog owner will be liable for the full amount of damages incurred by the victim, upon the first occurrence of the dog causing injury.

WYOMING

Borns ex rel. Gannon v. Voss, 70 P.3d 262 (Wyo. 2003)

Dog owner will be liable if the victim can prove negligence or knowledge of the dog’s dangerous propensities.

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