What Happens If Your Dog Bites Someone and You’re Sued?

Dogs are loving companions, but even well-trained pets can bite under certain conditions. If your dog bites someone and that person files a lawsuit, the situation can quickly become stressful and confusing. Many dog owners are unsure what their legal responsibilities are, what damages they might owe, and how the legal process works.

Understanding what happens if your dog bites someone and you’re sued can help you stay calm, protect your rights, and respond properly. Laws vary by state, but there are common legal principles that apply in most situations.

This guide explains what you need to know about dog bite liability, insurance coverage, possible defenses, and the legal process that follows a lawsuit.

Immediate Steps After a Dog Bite

Before a lawsuit even begins, certain steps usually happen right after the bite.

1. Provide Medical Help

If your dog bites someone, the first priority is safety. Make sure the injured person receives medical care. Even small bites can become infected.

2. Exchange Information

Provide your:

Name
Address
Phone number
Dog’s vaccination records

Many states require proof of rabies vaccination.

3. Report the Incident (If Required)

Some states require dog bites to be reported to:

Local animal control
Health departments
Law enforcement

Failure to report may create additional legal problems.

4. Contact Your Insurance Company

If you have homeowners or renters insurance, notify your insurer immediately. Many policies cover dog bite claims.

Taking these steps early can reduce legal complications later.

Can You Be Sued If Your Dog Bites Someone?

Yes. In most states, dog owners can be held legally responsible if their dog injures someone.

The injured person may file a civil lawsuit seeking compensation for:

Medical bills
Lost wages
Pain and suffering
Emotional distress
Scarring or disfigurement

The amount of compensation depends on the severity of the injury and state law.

Understanding Dog Bite Liability Laws

Dog bite cases are governed by state laws. There are two main legal approaches:

1. Strict Liability States

In strict liability states, you are responsible if your dog bites someone — even if the dog has never shown aggression before.

The injured person usually must prove:

The bite occurred
They were lawfully present
They did not provoke the dog

The owner’s knowledge of aggression does not matter.

2. “One-Bite” Rule States

In some states, owners are only liable if they knew or should have known the dog was dangerous.

This means:

If the dog previously bit someone
If the dog showed aggressive behavior
If there were warning signs

The injured person must show that you were aware of the risk.

Even in one-bite states, other negligence laws may still apply.

What Happens After You’re Sued?

If the injured person files a lawsuit, the process generally follows these steps:

1. You Receive a Complaint

You will receive legal papers explaining:

The allegations
The injuries claimed
The amount of damages requested

Do not ignore these documents. There are strict deadlines to respond.

2. Contact Your Insurance Company Immediately

If your policy covers dog bites, the insurer may:

Hire an attorney
Handle negotiations
Cover settlement or court costs

Homeowners insurance often covers dog bite liability, but some policies exclude certain breeds.

3. File a Legal Response

You (or your attorney) must file a formal answer with the court. This document responds to the claims.

Failure to respond may result in a default judgment against you.

4. Investigation and Discovery

Both sides gather evidence. This may include:

Medical records
Photos of injuries
Witness statements
Veterinary records
Animal control reports

Depositions may also occur, where both parties answer questions under oath.

5. Settlement Negotiations

Most dog bite cases settle before trial. Settlement avoids lengthy court proceedings.

6. Trial (If Necessary)

If no settlement occurs, the case goes to trial. A judge or jury decides:

Whether you are liable
How much compensation is owed

Trials can be expensive and unpredictable.

What Damages Might You Owe?

If found liable, you may owe several types of damages:

Economic Damages

These are measurable financial losses:

Hospital bills
Surgery costs
Physical therapy
Lost wages

Non-Economic Damages

These include:

Pain and suffering
Emotional trauma
Permanent scarring
Anxiety or PTSD

Punitive Damages (Rare)

In extreme cases involving reckless behavior, courts may award additional damages to punish the owner.

The final amount depends on injury severity and state law.

Will Your Homeowners Insurance Cover It?

Many homeowners insurance policies cover dog bite claims. However, coverage depends on:

Policy details
Breed restrictions
Prior bite history
Location of the incident

Some policies exclude specific breeds or dogs with previous bite records.

If covered, insurance typically pays:

Legal defense costs
Settlement amounts
Court judgments (up to policy limits)

If damages exceed your policy limits, you may be personally responsible for the difference.

Possible Defenses in a Dog Bite Lawsuit

Not every dog bite case results in liability. There are possible legal defenses.

Provocation

If the injured person provoked the dog — by hitting, teasing, or threatening it — liability may be reduced or eliminated.

Trespassing

If the person was unlawfully on your property, you may have a defense.

Assumption of Risk

Some professionals, such as veterinarians or dog groomers, may assume certain risks as part of their job.

Comparative Negligence

If the injured person contributed to the incident, damages may be reduced proportionally.

For example:

Ignoring warning signs
Entering fenced areas
Handling the dog improperly

An attorney can evaluate which defenses apply.

Criminal Consequences

In severe cases, there may also be criminal consequences.

If the dog caused serious injury or death, authorities may:

Charge the owner with negligence
Label the dog as dangerous
Order euthanasia

Local laws determine how dangerous dogs are classified and managed.

Criminal charges are separate from civil lawsuits.

Emotional Impact on Dog Owners

Being sued over a dog bite can be emotionally overwhelming.

Owners may experience:

Guilt
Fear of losing their dog
Financial stress
Anxiety about public perception

It’s important to remain calm and avoid discussing the case publicly. Social media posts can be used as evidence.

Consulting a qualified attorney early helps reduce stress and clarify options.

How to Reduce Future Risk

After a dog bite incident, prevention becomes critical. Even if the injury was minor, the fact that a bite occurred puts you on notice that your dog may pose a risk under certain conditions. From a legal standpoint, this matters. If your dog bites someone again, a court may view the second incident more seriously because you were already aware of the danger. Taking clear, responsible action shows that you are working to prevent future harm.

Reducing risk is not just about protecting others — it also protects you from additional lawsuits, higher insurance premiums, and possible orders to remove or euthanize your dog.

Here are important steps you can take:

Professional Dog Training

Enrolling your dog in professional obedience or behavior training is one of the most effective steps you can take. A certified trainer can:

Identify triggers that lead to aggression
Teach impulse control and obedience commands
Improve socialization with people and other animals
Help you learn safe handling techniques

In more serious cases, you may need a trainer who specializes in aggressive behavior. Keep records of training sessions. Documentation may help demonstrate responsible ownership if legal questions arise later.

Secure Fencing

A properly secured yard is essential. Many bites happen when dogs escape through broken fences or open gates. Make sure your fencing:

Is tall enough to prevent jumping
Has no gaps or weak boards
Includes secure, self-latching gates
Is regularly inspected for damage

If your dog has shown aggressive behavior, consider reinforcing your fencing or adding a secondary barrier.

Post Clear Warning Signs

Posting visible warning signs such as “Beware of Dog” can serve two purposes:

It alerts visitors to exercise caution.
It shows that you took steps to warn others.

While signs do not eliminate liability, they may support certain legal defenses depending on the situation.

Use a Leash in Public

Always keep your dog on a leash when in public areas unless you are in a designated off-leash park. Leash control:

Prevents unexpected interactions
Allows you to quickly restrain your dog
Reduces risk of chasing or territorial behavior

For dogs with known aggression issues, consider additional safety measures such as a properly fitted muzzle when appropriate.

Behavioral Evaluation by a Veterinarian

Sometimes aggression is linked to health issues. Pain, illness, or neurological conditions can affect behavior. A veterinarian can:

Rule out medical causes
Recommend treatment
Suggest behavioral therapy
Adjust medications if necessary

If your dog has shown aggression, do not ignore it. Courts often examine whether the owner acted responsibly after learning about the risk. Taking proactive steps demonstrates that you are committed to safety and responsible ownership. In many cases, responsible action after the first incident can significantly reduce the chances of a second one — protecting both your community and your legal standing.

How Long Do Dog Bite Lawsuits Take?

The timeline varies. Factors include:

Severity of injury
Willingness to settle
Court backlog
Insurance negotiations

Many cases resolve within months. Complex cases may take over a year.

Can You Be Sued Years Later?

Each state has a statute of limitations. This is the time limit to file a lawsuit.

In many states, victims must file within:

1 to 3 years after the incident

After that period, claims are typically barred.

However, deadlines vary by state and circumstances.

What If the Bite Happened on Someone Else’s Property?

Liability may become more complicated.

If your dog bites someone while:

At a friend’s house
In a public park
In a rental property

Insurance coverage and responsibility may differ.

Property owners may also face claims if they allowed a known dangerous dog on the premises.

Legal analysis depends on specific facts.

Should You Hire an Attorney?

If you are sued, hiring an attorney is strongly recommended.

An attorney can:

Review liability laws in your state
Negotiate settlements
Defend against exaggerated claims
Protect your financial interests

If insurance covers the claim, they often provide legal defense.

Even if insurance is involved, consider consulting independent counsel if damages exceed policy limits.

Key Takeaways

If your dog bites someone and you’re sued, the situation is serious — but manageable.

Remember:

Laws vary by state
Insurance may provide coverage
Prompt legal response is essential
Most cases settle before trial
Prevention reduces future risk

Understanding your responsibilities protects both you and your pet.

Final Thoughts

Dogs bring joy, loyalty, and companionship. But as an owner, you also carry legal responsibility. If your dog bites someone and you’re sued, the outcome depends on state law, the facts of the case, and whether you took reasonable precautions.

While lawsuits can feel overwhelming, staying informed and seeking legal guidance helps you navigate the process confidently. Acting responsibly after an incident — by cooperating with authorities, contacting your insurer, and consulting a lawyer — can make a major difference in protecting your rights and your financial future.

By understanding how dog bite liability works, you can take steps to reduce risk, strengthen your defenses, and ensure your pet remains a safe member of your household and community.