You need a lawyer who handles dog bite defence, not just general personal injury
If someone is suing you because your dog bit them, you are facing a civil claim — not a criminal one (unless the bite was severe enough that authorities have already charged you separately). A dog bite defence lawyer specializes in these cases and understands both the liability laws in your state and the insurance coverage that may already be paying for your defence.
Your homeowner's or renter's insurance almost always covers dog bite claims up to your policy limit. That means the insurance company will likely assign you a lawyer at no cost to you, or will reimburse you for one you hire. The insurer's goal is to settle or defend the case to minimize what they pay out. Your goal is to protect yourself and your dog from the worst outcomes — which include a judgment against you, a dangerous dog declaration, or an order to euthanize your dog.
The difference between a lawyer who knows dog bite law and one who doesn't can be the difference between a settlement that closes the case and a judgment that follows you for years.
Key Takeaways
- Contact your homeowner's or renter's insurance company when ready — they will either provide a lawyer or cover the cost of one you hire.
- Do not speak to the person who was bitten, their lawyer, or the insurance adjuster without your lawyer present, even if you want to apologize or explain.
- Your state's dog bite law determines whether you are liable even if your dog has never bitten anyone before — some states hold owners strictly liable, others only if negligence is proven.
- A dog bite defence lawyer can negotiate a settlement, challenge the severity of the injury claim, or argue that the person was partly at fault for the bite.
- If the case goes to trial, the outcome can affect whether your dog is declared dangerous and what restrictions or requirements you face going forward.
How your insurance coverage works in a dog bite lawsuit
Your homeowner's or renter's insurance policy includes liability coverage, which pays for injuries or property damage you are found legally responsible for. Dog bites fall under this coverage in nearly all standard policies. When you report the bite to your insurer, they open a claim file and assign an adjuster to investigate.
The insurance company will then either assign you a defence lawyer from their panel of approved attorneys, or they will tell you that you can hire your own lawyer and they will reimburse you up to a certain amount. Some policies require you to use their chosen lawyer; others give you the option. Read your policy or ask the adjuster directly what your options are.
The insurance company is paying for your defence, but they are not your client — you are. This matters because if the claim exceeds your policy limit, the insurer's incentive to settle cheaply may not match your interest in a lower judgment. A lawyer you hire independently can prioritize your interests over the insurer's cost-cutting. If you use the insurer's lawyer, make sure you understand that dynamic and ask questions if you feel pressured to accept a settlement you are uncomfortable with.
What your state's dog bite law means for your liability
Whether you are liable for the bite depends partly on where you live. Some states follow strict liability for dog bites, meaning the owner is responsible even if the dog has never bitten anyone before and the owner did nothing wrong. Other states follow a negligence standard, meaning the person who was bitten has to prove that you knew your dog was dangerous or that you were careless in controlling it.
A few states use a one-bite rule, which means you are not liable for the first bite unless you knew the dog had bitten or attacked someone before. After the first bite, you are on notice that the dog is dangerous, and you become liable for any subsequent bites.
Your dog bite defence lawyer will know which standard applies in your state and how courts in your area have interpreted it. This shapes the entire strategy of your case — whether the focus is on proving you were not negligent, or on challenging the extent of the injury, or on negotiating a settlement before trial.
Steps to take right now
First, report the bite to your insurance company as soon as possible. Most policies require notice within a certain timeframe, and reporting late can give the insurer a reason to deny coverage. Have your policy number ready and be prepared to give the adjuster the date, location, and basic facts of the bite.
Second, do not communicate with the person who was bitten or their lawyer. Do not apologize, do not explain, do not offer to pay for medical bills. Anything you say can be used against you in the lawsuit. If they contact you, tell them to speak to your lawyer and then contact your lawyer when ready to report the contact.
Third, gather and preserve evidence. Write down what you remember about the incident — where it happened, what the person was doing, whether they were on your property, whether they provoked the dog, what the dog's behaviour was like before and after. Take photos of your property, your fencing, any "Beware of Dog" signs you had posted. Keep any medical records or photos you have of your dog's health or behaviour history. Do not alter or destroy anything.
Fourth, ask your insurance adjuster or lawyer whether you should have your dog examined by a veterinarian. A vet's assessment of your dog's temperament and health can be important evidence, and you want it documented by a professional.
What happens if the case goes to trial
Most dog bite cases settle before trial, but if yours does not, you need to understand what is at stake. At trial, the person who was bitten will present evidence of their injuries — medical records, photos, testimony from doctors about pain and scarring, bills for treatment. They may also present testimony from witnesses about how the bite happened and how severe it was.
Your lawyer will present your side: evidence that you were not negligent, that the person was partly at fault, that the injury was less severe than claimed, or that your state's law does not hold you liable under the facts. Your lawyer may call your own witnesses, your veterinarian, or experts on dog behaviour.
If you lose at trial, the court will award the person money for their medical bills, pain and suffering, lost wages, and sometimes punitive damages (extra money meant to punish you for recklessness). That judgment will be a matter of public record and can affect your ability to get insurance in the future. It may also trigger a dangerous dog hearing, where the court or local animal control decides whether your dog should be declared dangerous, restricted, or euthanized.
Finding and hiring a dog bite defence lawyer
If your insurance company assigns you a lawyer, you have the right to interview them before accepting. Ask whether they have handled dog bite cases before, how many, and what the outcomes were. Ask what their strategy would be in your case based on what you have told them. If you are not comfortable with them, ask your insurance company whether you can choose a different lawyer from their panel.
If you are hiring your own lawyer, start by asking your insurance adjuster for a list of lawyers they have worked with on dog bite cases. You can also search your state bar association's website for lawyers who list dog bite or animal liability as a practice area. Call three or four and ask for a brief phone consultation — many offer these for free.
When you talk to a lawyer, be honest about what happened. Tell them the facts you remember, even if they make you look bad. A lawyer cannot help you if they do not know the truth, and attorney-client privilege means they cannot repeat what you tell them. Ask about their fee structure — whether your insurance will cover it, whether they charge hourly or take a flat fee, and what costs you might owe out of pocket.
Protecting your dog from a dangerous dog declaration
One outcome of a dog bite lawsuit that many owners do not think about until it is too late is a dangerous dog hearing. If the bite was severe enough, or if your dog has bitten before, the local animal control or court may hold a hearing to decide whether your dog should be declared dangerous or vicious. A dangerous dog declaration can mean your dog must be muzzled in public, kept behind a certain type of fence, have liability insurance, or wear a special tag. A vicious dog declaration can result in the dog being euthanized.
Your dog bite defence lawyer can also represent you at a dangerous dog hearing, or can refer you to a lawyer who specializes in animal law. The hearing is separate from the civil lawsuit, but the outcome of the lawsuit can influence it. If you can settle the civil case for a lower amount or get the case dismissed, it strengthens your position at the dangerous dog hearing.
Frequently Asked Questions
Will my homeowner's insurance drop me after a dog bite claim?
It depends on your insurer and your policy. Some companies will not drop you after one claim, especially if it is settled for a reasonable amount. Others may drop you, raise your premium significantly, or add a dog bite exclusion to your policy. Ask your adjuster what the likely outcome is for your specific situation.
What if the person who was bitten is asking me to pay them directly to avoid a lawsuit?
Do not do it. Tell them to contact your insurance company. If you pay them directly, you may be admitting liability in a way that hurts your case, and you may be paying more than the case is worth. Let your insurance company and lawyer handle the negotiation.
Can my dog be taken away while the lawsuit is pending?
In some cases, yes. If the bite was severe or if your dog has bitten before, animal control may impound your dog pending the outcome of the case or a dangerous dog hearing. Your lawyer can argue for your dog's release or for conditions that allow you to keep the dog at home. This is another reason to hire a lawyer quickly.
What if I do not have homeowner's or renter's insurance?
You are personally liable for the full amount of any judgment. The person can sue you directly and, if they win, can try to collect from your wages, bank accounts, or other assets. You should hire a dog bite defence lawyer when ready to try to settle the case for an amount you can afford or to defend yourself at trial.
Does my dog bite defence lawyer have to tell the court about my dog's previous bites?
Your lawyer does not have to volunteer that information, but if the other side discovers it through records or witnesses, they will present it. Your lawyer can argue that previous incidents were different, that the dog was provoked, or that you have taken steps to prevent future bites. This is why honesty with your lawyer from the start is so important.