Dog Bite Laws by State: Liability and Victim Rights
Dog bite liability rules vary sharply by state. 25 states hold owners strictly liable for a bite regardless of the dog's history, 14 follow some version of the one-bite rule that requires the victim to prove the owner knew the dog was dangerous, and 11 states split liability depending on where the bite happened, how severe the injury was, or what kind of damages the victim is seeking. The tables below show every state's rule and the primary statute or governing case law behind it, drawn directly from RecordingLaw's state-by-state dog bite law guides.
Dog Bite Laws by State
Dog bite laws vary significantly across the United States. Some states hold dog owners strictly liable for any injuries their dogs cause, some follow the "one-bite rule" that protects owners who had no reason to believe their dog was dangerous, and others split liability depending on the circumstances of the bite. Click any state below for its full breakdown, including statute of limitations, defenses, and dangerous-dog rules.
Strict Liability States
In these states, dog owners are generally liable for bite injuries regardless of whether they knew their dog was dangerous, subject to standard defenses like provocation or trespassing:
| State | Rule | Key Statute | Notes |
|---|---|---|---|
| Arizona | Strict liability | A.R.S. § 11-1025 | 1-year SOL for strict-liability claims; provocation is the primary defense |
| California | Strict liability | Cal. Civ. Code § 3342 | |
| Connecticut | Strict liability | Conn. Gen. Stat. § 22-357 | Only defenses are trespassing and teasing/tormenting the dog |
| Delaware | Strict liability | 16 Del. C. § 3053F | |
| Florida | Strict liability | A posted "Bad Dog" sign can defeat liability for victims age 6+ | |
| Hawaii | Strict liability | HRS § 663-9 | Negligence-based with no scienter requirement; HI courts call this short of true strict liability (Hubbell v. Iseke) |
| Idaho | Strict liability | (11) | Idaho replaced its one-bite rule with strict liability in 2016 |
| Illinois | Strict liability | 510 ILCS 5/16 | |
| Iowa | Strict liability | ||
| Kentucky | Strict liability | (4) | |
| Louisiana | Strict liability | La. Civ. Code art. 2321 | Victim must show the dog posed an unreasonable risk the owner could have prevented |
| Maryland | Strict liability | Md. Code, Cts. & Jud. Proc. § 3-1901 | A bite creates a rebuttable presumption the owner knew the dog was dangerous; liability while the dog is running at large is strict, subject to statutory exceptions for trespass, a criminal offense against a person, or teasing/tormenting/provoking the dog |
| Massachusetts | Strict liability | M.G.L. c. 140, § 155 | |
| Michigan | Strict liability | MCL 287.351 | |
| Minnesota | Strict liability | Comparative fault is not a valid defense | |
| Missouri | Strict liability | Mo. Rev. Stat. § 273.036 | |
| Nebraska | Strict liability | Neb. Rev. Stat. § 54-601 | |
| New Hampshire | Strict liability | RSA 466:19 | |
| New Jersey | Strict liability | N.J.S.A. 4:19-16 | |
| Ohio | Strict liability | (B) | |
| Oklahoma | Strict liability | 4 O.S. § 42.1 | Does not apply in rural areas without U.S. mail delivery service |
| South Carolina | Strict liability | S.C. Code § 47-3-110 | |
| Utah | Strict liability | ||
| Washington | Strict liability | ||
| Wisconsin | Strict liability | Damages double for a second bite if the owner knew of the dog's first unprovoked bite |
One-Bite Rule States
In these states, victims generally must prove the owner knew or should have known of the dog's dangerous propensities, or that the owner was negligent:
| State | Rule | Key Statute | Notes |
|---|---|---|---|
| Alaska | One-bite rule | Common law (Hale v. O'Neill, 1971) | |
| Arkansas | One-bite rule | Common law (no statewide statute) | Some counties, e.g. Benton County, enforce local strict-liability ordinances |
| Georgia | One-bite rule | Also liable if the dog was loose in violation of a local leash ordinance | |
| Indiana | One-bite rule | IC 15-20-1-3 | Strict liability applies only to bites on mail carriers/government workers on official duty; all other victims must prove negligence |
| Kansas | One-bite rule | Common law | No Kansas statute covers human dog-bite injuries |
| Mississippi | One-bite rule | Common law (Poy v. Grayson, 1973) | |
| Nevada | One-bite rule | Common law negligence (Glass v. Eighth Judicial Dist. Ct., 1971) | |
| New Mexico | One-bite rule | Common law (scienter rule, UJI 13-506) | Victims may also sue for ordinary negligence without proving prior knowledge |
| North Dakota | One-bite rule | Common law (Sendelbach v. Grad, 1976) | Victim must prove both the owner's knowledge and negligence |
| South Dakota | One-bite rule | Common law (Sybesma v. Sybesma, 1995) | |
| Texas | One-bite rule | Common law (Marshall v. Ranne, 1974) | |
| Vermont | One-bite rule | 20 V.S.A. ch. 193 | A pending 2025-2026 bill (H.183) would add strict liability; not yet law |
| Virginia | One-bite rule | Common law | Virginia is a pure contributory negligence state; any victim fault bars recovery entirely |
| Wyoming | One-bite rule | Common law (Borns v. Voss, 2003) |
Mixed or Split-Liability States
In these states, which standard applies depends on the circumstances of the bite, most often where it happened, how serious the injury was, or what kind of damages the victim is seeking:
| State | Rule | Key Statute | Notes |
|---|---|---|---|
| Alabama | Mixed / split | Ala. Code §§ 3-6-1, 3-1-3 | Strict liability (owner can limit damages by proving no prior knowledge) on the owner's property; one-bite rule off the property |
| Colorado | Mixed / split | C.R.S. 13-21-124 | Strict liability (economic damages only) for serious bodily injury or death; negligence required for lesser injuries or pain-and-suffering |
| Maine | Mixed / split | 7 M.R.S. § 3961 | Strict liability off the owner's premises; negligence required for bites on the owner's own property |
| Montana | Mixed / split | Mont. Code Ann. § 27-1-715 | Strict liability inside incorporated cities/towns; negligence standard in unincorporated/rural areas |
| New York | Mixed / split | Agric. & Markets Law § 123 | Strict liability for medical costs only, and only for dogs formally designated dangerous; all other damages require proof of negligence or knowledge. In April 2025, Flanders v. Goodfellow opened ordinary negligence claims for domestic-animal injuries statewide, overruling Bard v. Jahnke's long-standing bar. |
| North Carolina | Mixed / split | N.C.G.S. § 67-4.4 | Strict liability only for dogs officially designated dangerous; ordinary dogs follow the one-bite rule |
| Oregon | Mixed / split | ORS 31.360 | Strict liability for economic damages (medical bills, lost wages) only; pain-and-suffering requires proof of negligence or knowledge |
| Pennsylvania | Mixed / split | 3 P.S. § 459-502 | Strict liability for medical costs only; full damages require proof of negligence or knowledge |
| Rhode Island | Mixed / split | R.I. Gen. Laws § 4-13-16 | Strict liability outside the dog's enclosure; one-bite rule for bites inside the owner's enclosed property |
| Tennessee | Mixed / split | Tenn. Code Ann. § 44-8-413 | Strict liability in public or on someone else's property; one-bite rule for bites on the owner's own residential property |
| West Virginia | Mixed / split | W. Va. Code § 19-20-13 | Strict liability when the dog is running at large; one-bite rule for bites on the owner's property |
Understanding Dog Bite Laws
What Is Strict Liability?
In strict liability states, a dog owner is legally responsible for injuries caused by their dog regardless of whether they knew the dog was dangerous. The victim generally needs to prove only that the defendant owned the dog, the dog bit them, and they were legally allowed to be where the bite occurred.
What Is the One-Bite Rule?
The one-bite rule (also called the "first bite free" rule) means owners may not be liable for a first bite if they had no reason to believe their dog was dangerous. Once an owner knows their dog has bitten before or shown aggressive behavior, they can be held liable for future incidents. Several one-bite states, including Texas and Wyoming, also let victims recover through an ordinary negligence claim even without proof of the dog's history.
What Are Mixed or Split-Liability Rules?
In mixed-liability states, the standard that applies depends on specific facts, not just whether the owner knew the dog was dangerous. Common splits include:
- By location: Rhode Island and West Virginia apply strict liability when the dog is off the owner's property (or running at large) and the one-bite rule when the bite happens on the owner's own property. Alabama applies the opposite split (strict liability on the owner's property, one-bite rule off it). Maine follows the same off-property/on-property direction as Rhode Island and West Virginia (strict liability off the owner's premises, negligence required on it).
- By injury severity: Colorado applies strict liability only when the bite causes serious bodily injury or death; lesser injuries require proving negligence.
- By type of damages: New York, Oregon, and Pennsylvania apply strict liability to medical costs or other economic damages only. Recovering pain-and-suffering damages in these states requires proving the owner was negligent or knew the dog was dangerous.
- By the dog's legal status: New York and North Carolina apply strict liability only to dogs that have already been formally designated "dangerous" through a legal process; bites from an ordinary dog still follow the one-bite rule.
Common Defenses
- Provocation: The victim teased, tormented, or abused the dog
- Trespassing: The victim was illegally on the owner's property
- Comparative or Contributory Negligence: The victim's own actions contributed to the injury. In pure contributory negligence states like Alabama, North Carolina, and Virginia, even minor fault by the victim can bar recovery entirely
- Assumption of Risk: The victim knowingly accepted the risk (e.g., veterinarians, groomers, dog handlers)
What to Do After a Dog Bite
- Seek medical attention immediately, even for minor wounds
- Document the incident with photos of injuries and the location
- Get owner information including name, address, and insurance details
- Report the bite to local animal control
- Consult an attorney to understand your legal options and your state's filing deadline
Estimate a dog bite settlement
If you were bitten, our free dog bite settlement calculator gives a rough payout range based on medical bills, bite severity, and your state liability rule. It is an estimate only, not a prediction.
Frequently Asked Questions
Can I sue if a dog bites me?
Yes, in most cases. Your ability to recover damages depends on your state's liability rule. In strict liability states, you can typically sue without proving the owner knew the dog was dangerous. In one-bite states, you generally need to prove the owner knew or should have known of the dog's dangerous tendencies, or that the owner was negligent. In mixed states, which standard applies can depend on where the bite happened, how serious the injury was, or what damages you're seeking.
What damages can I recover?
Victims may recover medical expenses, lost wages, pain and suffering, emotional distress, and scarring or disfigurement damages. Some states also allow punitive damages for particularly egregious cases. In mixed-liability states like New York, Oregon, and Pennsylvania, strict liability may only cover medical costs or other economic damages, with pain-and-suffering damages requiring proof of negligence.
Does homeowner's insurance cover dog bites?
Most homeowner's and renter's insurance policies include liability coverage for dog bites. However, some insurers exclude certain breeds or dogs with a bite history. Always check your policy.
What is the statute of limitations for dog bite claims?
Deadlines vary significantly by state, from as little as 1 year (Kentucky, Tennessee) to as long as 6 years (Maine, Minnesota, North Dakota). Most states allow 2 to 3 years to file a personal injury lawsuit. Consult an attorney promptly to make sure you do not miss your state's deadline.
Are certain breeds more dangerous?
While some studies suggest certain breeds are involved in more bite incidents, any dog can bite regardless of breed. Many states have moved away from breed-specific legislation, focusing instead on individual dog behavior and owner responsibility. Several states (including Connecticut, Nevada, Oklahoma, and South Dakota) now prohibit local breed-specific bans outright.
What does it mean if my state has a "mixed" or "split" dog bite law?
It means two different liability standards apply depending on the facts of your case. Common splits include where the bite happened (on vs. off the owner's property), how severe the injury was, or what type of damages you're claiming (medical bills vs. pain and suffering). New York and Pennsylvania, for example, impose strict liability for medical costs only, while Rhode Island and West Virginia switch between strict liability and the one-bite rule depending on whether the dog was inside or outside its enclosure.
Updates
Fixed a contradiction in the mixed-liability explanation (Maine's on/off-property split runs the same direction as Rhode Island and West Virginia, not opposite -- only Alabama is opposite), replaced a Pennsylvania citation that pointed to an unrelated department webpage with the actual statute text, and added a note to the New York table row about the April 2025 Flanders v. Goodfellow ruling that opened ordinary negligence claims.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Corrected the Maryland row: at-large dog-bite liability under Md. Cts. & Jud. Proc. § 3-1901(c) is strict subject to three statutory exceptions (trespass, a criminal offense against a person, or teasing/tormenting/provoking the dog), not 'absolute.'
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on 23 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Arizona Revised Statutes, Title 11 (Counties), Chapter 7 (INTERGOVERNMENTAL OPERATIONS), Article 6.1 (Handling of Animals)
§ 11-1025Liability for dog bites; owner information; military and police work; definitionsIn forcecited in 2 of our articles
A. The owner of a dog that bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of its viciousness. B. A person who owns or is responsible for the care of a dog that bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, shall provide the owner's contact information to the person who suffered the dog bite. C. The breed of a dog may not be considered in findings of facts or conclusions of law entered by a court, administrative law judge, hearing officer, arbitrator or other legal decision-maker regarding whether a dog is aggressive or vicious or has created liability. D. This section and section 11-1020 do not allow the bringing of an action for damages against any governmental agency using a dog in military or police work if the bite occurred while the dog was defending itself from a harassing or provoking act or assisting an employee of the agency in any of the following: 1.
Official text (excerpt) · as of 2026-08-04 · Read the full section at azleg.gov
Cited in 4 court opinionsMost recently applied by a court: 2026
Leading cases: Weekly v. City of Mesa (Court of Appeals of Arizona 1994, 181 Ariz. 159) · Spirlong v. Browne (Court of Appeals of Arizona 2014, 236 Ariz. 146) · HEAD v. MESA (Court of Appeals of Arizona 2026)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arizona Dog Bite Laws: Liability and Victim Rights
California Civil Code
§ 3342In forcecited in 2 of our articles
(a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner. (b) Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) against any governmental agency using a dog in military or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following: (1) In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect’s involvement in criminal activity. (2) In the investigation of a crime or possible crime.
Official text (excerpt) · as of 2026-07-28 · Read the full section at leginfo.legislature.ca.gov
Cited in 45 court opinionsMost recently applied by a court: 2025
Leading cases: Nelson v. Hall (California Court of Appeal 1985, 165 Cal. App. 3d 709) · Priebe v. Nelson (California Supreme Court 2006, 47 Cal. Rptr. 3d 553) · Gomes v. Byrne (California Supreme Court 1959, 51 Cal. 2d 418)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: California Dog Bite Laws: Liability and Victim Rights
Connecticut General Statutes, Title 22 (Agriculture. Domestic Animals), Chapter 435
§ 22-357Damage by dogs to person or property.In forcecited in 2 of our articles
(a) As used in this section: (1) “Law enforcement officer” means: Each officer, employee or other person otherwise paid by or acting as an agent of (A) the Division of State Police within the Department of Emergency Services and Public Protection; (B) the Office of the State Capitol Police; (C) a municipal police department; and (D) the Department of Correction; (2) “Property” includes, but is not limited to, a companion animal, as defined in section 22-351a; (3) “The amount of such damage”, with respect to a companion animal, includes expenses of veterinary care, the fair monetary value of the companion animal, including all training expenses for a service animal owned by a person with a disability and burial expenses for the companion animal; (4) “Service animal” has the same meaning as provided in section 22-345; and (5) “Disability” has the same meaning as provided in section 22-345.
Official text (excerpt) · as of 2026-07-29 · Read the full section at cga.ct.gov
Cited in 116 court opinionsMost recently applied by a court: 2026
Leading cases: Falby v. Zarembski (Supreme Court of Connecticut 1992, 221 Conn. 14) · Tryon v. Town of North Branford (Connecticut Appellate Court 2000, 58 Conn. App. 702) · Squeglia v. Squeglia (Supreme Court of Connecticut 1995, 234 Conn. 259)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Connecticut Dog Bite Laws: Liability and Victim Rights
Delaware Code, Title 16 (Health and Safety), Chapter 030f (ANIMAL WELFARE)
§ 3053FLiability of dog owner for damages.In forcecited in 2 of our articles
The owner of a dog is liable in damages for any injury, death, or loss to person or property that is caused by such dog, unless the injury, death, or loss was caused to the body or property of a person who, at the time, was committing or attempting to commit a trespass or other criminal offense on the property of the owner, or was committing or attempting to commit a criminal offense against any person, or was teasing, tormenting, or abusing the dog.
Official text (excerpt) · as of 2026-07-29 · Read the full section at delcode.delaware.gov
Cited in 9 court opinionsMost recently applied by a court: 2024
Leading cases: Riad v. Brandywine Valley SPCA, Inc. (Supreme Court of Delaware 2024) · Sanchez v. Hendrix (Superior Court of Delaware 2024) · Billings v. Abbey Walk (Superior Court of Delaware 2023)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Delaware Dog Bite Laws: Liability and Victim Rights
Florida Statutes
§ 767.04Dog owner’s liability for damages to persons bitten.In forcecited in 2 of our articles
The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person’s negligence contributed to the biting incident. A person is lawfully upon private property of such owner within the meaning of this act when the person is on such property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when the person is on such property upon invitation, expressed or implied, of the owner.
Official text (excerpt) · as of 2026-07-28 · Read the full section at leg.state.fl.us
Cited in 40 court opinionsMost recently applied by a court: 2022
Leading cases: Carroll v. Moxley (Supreme Court of Florida 1970, 241 So. 2d 681) · Belcher Yacht, Inc. v. Stickney (Supreme Court of Florida 1984, 450 So. 2d 1111) · Donner v. Arkwright-Boston Manufacturers Mutual Insurance (Supreme Court of Florida 1978, 358 So. 2d 21)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Dog Bite Laws: Liability and Victim Rights
Official Code of Georgia Annotated
§ 51-2-7Liability of owner or keeper of vicious or dangerous animal for injuries caused by animal.In forcecited in 2 of our articles
A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured.…
Official text (excerpt) · as of 2021-08-17 · Read the full section at archive.org
Cited in 77 court opinionsMost recently applied by a court: 2025
Leading cases: Hamilton v. Walker (Court of Appeals of Georgia 1998, 235 Ga. App. 635) · Supan v. Griffin (Court of Appeals of Georgia 1999, 238 Ga. App. 404) · Rowlette v. Paul (Court of Appeals of Georgia 1995, 219 Ga. App. 597)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Georgia Dog Bite Laws: Liability and Victim Rights
Iowa Code, Chapter 351: DOGS AND OTHER ANIMALS
§ 351.28Liability for damages.In forcecited in 2 of our articles
The owner of a dog shall be liable to an injured party for all damages done by the dog, when the dog is caught in the action of worrying, maiming, or killing a domestic animal, or the dog is attacking or attempting to bite a person, except when the party damaged is doing an unlawful act, directly contributing to the injury. This section does not apply to damage done by a dog affected with hydrophobia unless the owner of the dog had reasonable grounds to know that the dog was afflicted with hydrophobia and by reasonable effort might have prevented the injury.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legis.iowa.gov
Cited in 10 court opinionsMost recently applied by a court: 2026
Leading cases: Fouts Ex Rel. Jensen v. Mason (Supreme Court of Iowa 1999, 592 N.W.2d 33) · Collins v. Kenealy (Supreme Court of Iowa 1992, 492 N.W.2d 679) · Hagen v. Texaco Refining & Marketing, Inc. (Supreme Court of Iowa 1995, 526 N.W.2d 531)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Iowa Dog Bite Laws: Liability and Victim Rights
Idaho Code
§ 25-2810dangerous and at-risk dogs. For purposes of this section:In forcecited in 2 of our articles
25-2810. dangerous and at-risk dogs. For purposes of this section: (1) A person commits the crime of maintaining a dangerous dog or at-risk dog if the person owns, possesses, or harbors a dangerous dog or at-risk dog as described in subsection (4)(a) or (b) of this section unless otherwise in…
Official text (excerpt) · as of 2026-08-01 · Read the full section at legislature.idaho.gov
Cited in 3 court opinionsMost recently applied by a court: 2023
Leading cases: Stephen Boswell v. Amber Dawn Steele (Idaho Court of Appeals 2017) · State v. Wenk (Idaho Court of Appeals 2023, 533 P.3d 1016) · Boswell v. Steele (Idaho Supreme Court 2018)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Idaho Dog Bite Laws: Liability and Victim Rights
Kentucky Revised Statutes, Chapter 258: ANIMAL CONTROL AND PROTECTION
§ 258.235Authority to kill or seize dog -- Return by court to owner of vicious dog -- Liability for damage -- Proceeding by person attacked by dog -- Disposition of dog after seizure -- Powers of animal control officer -- Vicious dog not to run at largeIn forcecited in 2 of our articles
(1) Any person, without liability, may kill or seize any dog which is observed attacking any person. (2) Any livestock owner or his agent, without liability, may kill any dog trespassing on that owner's property and observed in the act of pursuing or wounding his livestock. (3) Any dog determined to be vicious by a court and allowed to be returned to an owner shall be confined in a locked enclosure at least seven (7) feet high or a locked kennel run with a secured top. The dog may leave the enclosure only to visit the veterinarian or to be turned in to an animal shelter. The dog shall be muzzled if leaving the enclosure for either of these purposes. (4) Any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage. (5) (a) Any person who has been attacked by a dog, or anyone acting on behalf of that person, may make a complaint before the district court, charging the owner or keeper of the dog with harboring a vicious dog.
Official text (excerpt) · as of 2026-07-29 · Read the full section at apps.legislature.ky.gov
Cited in 19 court opinionsMost recently applied by a court: 2025
Leading cases: Benningfield ex rel. Benningfield v. Zinsmeister (Kentucky Supreme Court 2012, 367 S.W.3d 561) · May v. Holzknecht Ex Rel. Holzknecht (Court of Appeals of Kentucky 2010, 320 S.W.3d 123) · Pamela Hanna v. Daniel Shea (Court of Appeals of Kentucky 2025)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Dog Bite Laws: Liability and Victim Rights
Louisiana Civil Code
§ 2321Damage caused by animals; livestockIn forcecited in 3 of our articles
A. The owner of an animal, including livestock, is answerable for the damage caused by the animal. However, the owner is answerable for the damage only upon a showing that the owner knew or, in the exercise of reasonable care, should have known that his animal's behavior would cause damage, that the damage could have been prevented by the exercise of reasonable care, and that the owner failed to exercise such reasonable care. B. Nonetheless, the owner of a dog is strictly liable for damages for injuries to persons or property caused by the dog and which the owner could have prevented and which did not result from the injured person's provocation of the dog. C. The owner of livestock is liable for damages for injuries to persons or property caused by the livestock that escape an enclosure and the owner could have prevented by an exercise of reasonable care. The owner of livestock is not liable for damages for injuries to person or property for livestock that escape an enclosure due to any of the following: (1) A fortuitous event. (2) No fault of the owner. (3) Third person provocation of the livestock. D.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legis.la.gov
Cited in 23 court opinionsMost recently applied by a court: 2024
Leading cases: Pepper v. Triplet (Supreme Court of Louisiana 2004, 864 So. 2d 181) · Granger v. Guillory (Louisiana Court of Appeal 2002, 819 So. 2d 477) · Rozell v. LA. ANIMAL BREEDERS CO-OP., INC. (Louisiana Court of Appeal 1986, 486 So. 2d 968)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Dog Bite Laws: Liability and Victim Rights
Maryland Code, Courts and Judicial Proceedings Article
§ 3-1901In forcecited in 2 of our articles
§3–1901. (a) (1) In an action against an owner of a dog for damages for personal injury or death caused by the dog, evidence that the dog caused the personal injury or death creates a rebuttable presumption that the owner knew or should have known that the dog had vicious or dangerous propensities. (2) Notwithstanding any other law or rule, in a jury trial, the judge may not rule as a matter of law that the presumption has been rebutted before the jury returns a verdict. (b) In an action against a person other than an owner of a dog for damages for personal injury or death caused by the dog, the common law of liability relating to attacks by dogs against humans that existed on April 1, 2012, is retained as to the person without regard to the breed or heritage of the dog.
Official text (excerpt) · as of 2026-07-29 · Read the full section at mgaleg.maryland.gov
Cited in 2 court opinionsMost recently applied by a court: 2026
Leading cases: Santana v. State (Court of Appeals of Maryland 2026) · Diltz v. Ashton (District Court, D. Maryland 2022)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Maryland Dog Bite Laws: Liability and Victim Rights
Maine Revised Statutes, Title 7: AGRICULTURE AND ANIMALS, Part 9: ANIMAL WELFARE, Chapter 729: DAMAGE BY ANIMALS
§ 3961Reimbursement for damage done by animalsIn forcecited in 2 of our articles
1. Injuries and damages by animal. When an animal damages a person or that person's property due to negligence of the animal's owner or keeper, the owner or keeper of that animal is liable in a civil action to the person injured for the amount of damage done if the damage was not occasioned through the fault of the person injured. 2. Injuries by dog. Notwithstanding subsection 1, when a dog injures a person who is not on the owner's or keeper's premises at the time of the injury, the owner or keeper of the dog is liable in a civil action to the person injured for the amount of the damages. Any fault on the part of the person injured may not reduce the damages recovered for physical injury to that person unless the court determines that the fault of the person injured exceeded the fault of the dog's keeper or owner.
Official text (excerpt) · as of 2026-07-30 · Read the full section at legislature.maine.gov
Cited in 14 court opinionsMost recently applied by a court: 2023
Leading cases: Parrish v. Wright (Supreme Judicial Court of Maine 2003, 828 A.2d 778) · Morgan v. Marquis (Supreme Judicial Court of Maine 2012, 50 A.3d 1) · Lewis v. Penney (Supreme Judicial Court of Maine 1993, 632 A.2d 439)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Maine Dog Bite Laws: Liability and Victim Rights
Michigan Compiled Laws
§ 287.351Person bitten by dog; liability of ownerIn forcecited in 3 of our articles
(1) If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. (2) A person is lawfully on the private property of the owner of the dog within the meaning of this act if the person is on the owner's property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or if the person is on the owner's property as an invitee or licensee of the person lawfully in possession of the property unless said person has gained lawful entry upon the premises for the purpose of an unlawful or criminal act.
Official text (excerpt) · as of 2026-07-30 · Read the full section at legislature.mi.gov
Cited in 45 court opinionsMost recently applied by a court: 2026
Leading cases: Taylor v. Mobley (Michigan Court of Appeals 2008, 279 Mich. App. 309) · Hill v. Sacka (Michigan Court of Appeals 2003, 256 Mich. App. 443) · Carolyn Sue Kelsey v. Nita Lint (Michigan Court of Appeals 2017)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Michigan Dog Bite Laws: Liability and Victim Rights
Minnesota Statutes, Chapter 347: DOGS AND CATS
§ 347.22DAMAGES, OWNER LIABLEIn forcecited in 2 of our articles
If a dog, without provocation, attacks or injures any person who is acting peaceably in any place where the person may lawfully be, the owner of the dog is liable in damages to the person so attacked or injured to the full amount of the injury sustained. The term "owner" includes any person harboring or keeping a dog but the owner shall be primarily liable. The term "dog" includes both male and female of the canine species.
Official text (excerpt) · as of 2026-07-29 · Read the full section at revisor.mn.gov
Cited in 32 court opinionsMost recently applied by a court: 2024
Leading cases: Seim Ex Rel. Seim v. Garavalia (Supreme Court of Minnesota 1981, 306 N.W.2d 806) · Hyatt v. Anoka Police Department (Supreme Court of Minnesota 2005, 691 N.W.2d 824) · Engquist v. Loyas (Supreme Court of Minnesota 2011, 803 N.W.2d 400)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Minnesota Dog Bite Laws: Liability and Victim Rights
Revised Statutes of Missouri, Title XVII (AGRICULTURE AND ANIMALS), Chapter 273
§ 273.036Owner liable, when — fine, amount.In forcecited in 3 of our articles
1. The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner's or possessor's knowledge of such viciousness. Owners and possessors of dogs shall also be strictly liable for any damage to property or livestock proximately caused by their dogs. If it is determined that the damaged party had fault in the incident, any damages owed by the owner or possessor of the biting dog shall be reduced by the same percentage that the damaged party's fault contributed to the incident. The provisions of this section shall not apply to dogs killing or maiming sheep or other domestic animals under section 273.020. 2. Any person who is held liable under the provisions of subsection 1 of this section shall pay a fine not exceeding one thousand dollars. The remedies provided by this section are in addition to and cumulative with any other remedy provided by statute or common law.
Official text (excerpt) · as of 2026-07-31 · Read the full section at revisor.mo.gov
Cited in 1 court opinionsMost recently applied by a court: 2011
Leading cases: Miles Ex Rel. Miles v. Rich (Missouri Court of Appeals 2011, 347 S.W.3d 477)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Missouri Dog Bite Laws: Liability and Victim Rights, Missouri Slip and Fall Laws: Proving Premises Liability in the Show-Me State
Nebraska Revised Statutes, Chapter 54: LIVESTOCK
§ 54-601Dogs; personal property; owner liable for damages; exceptionsIn forcecited in 2 of our articles
(1) Dogs are hereby declared to be personal property for all intents and purposes, and, except as provided in subsection (2) of this section, the owner or owners of any dog or dogs shall be liable for any and all damages that may accrue (a) to any person, other than a trespasser, by reason of having been bitten by any such dog or dogs and (b) to any person, firm, or corporation by reason of such dog or dogs killing, wounding, injuring, worrying, or chasing any person or persons or any sheep or other domestic animals belonging to such person, firm, or corporation. Such damage may be recovered in any court having jurisdiction of the amount claimed.
Official text (excerpt) · as of 2026-07-29 · Read the full section at nebraskalegislature.gov
Cited in 14 court opinionsMost recently applied by a court: 2024
Leading cases: State v. Ruisi (Nebraska Court of Appeals 2000, 9 Neb. Ct. App. 435) · Guzman v. Barth (Nebraska Supreme Court 1996, 250 Neb. 763) · Underhill v. Hobelman (Nebraska Supreme Court 2009, 279 Neb. 30)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nebraska Dog Bite Laws: Liability and Victim Rights
New Jersey Statutes (Unannotated)
§ 4:19-16Liability of owner regardless of viciousness of dogIn forcecited in 2 of our articles
The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness. For the purpose of this section, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof.
Official text (excerpt) · as of 2026-08-01 · Read the full section at lis.njleg.state.nj.us
Cited in 31 court opinionsMost recently applied by a court: 2025
Leading cases: DeRobertis v. Randazzo (Supreme Court of New Jersey 1983, 94 N.J. 144) · Jannuzzelli v. Wilkens (New Jersey Superior Court Appellate Division 1978, 158 N.J. Super. 36) · Mascola v. Mascola (New Jersey Superior Court Appellate Division 1979, 168 N.J. Super. 122)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Jersey Dog Bite Laws: Liability and Victim Rights
New York Agriculture and Markets Law
§ 123Dangerous dogsIn forcecited in 3 of our articles
Dangerous dogs. 1. Any person who witnesses an attack or threatened attack, or in the case of a minor, an adult acting on behalf of such minor, may make a complaint of an attack or threatened attack upon a person, companion animal as defined in section three hundred fifty of this chapter, farm animal as defined in such section three hundred fifty, or a domestic animal as defined in subdivision seven of section one hundred eight of this article to a dog control officer or police officer of the appropriate municipality. Such officer shall immediately inform the complainant of his or her right to commence a proceeding as provided in subdivision two of this section and, if there is reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself or herself. 2. Any person who witnesses an attack or threatened attack, or in the case of a minor, an adult acting on behalf of such minor, may, and any dog control officer or police officer as provided in subdivision one of this section shall, make a complaint under oath or affirmation to any municipal judge or justice of such attack or threatened attack.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legislation.nysenate.gov
Also relied on in: Dog Laws, New York Dog Bite Laws: Liability and Victim Rights
Ohio Revised Code
§ 955.28Dog may be killed for certain acts - owner liable for damagesIn forcecited in 3 of our articles
(A) Subject to divisions (A)(2) and (3) of section 955.261 of the Revised Code, a dog that is chasing or approaching in a menacing fashion or apparent attitude of attack, that attempts to bite or otherwise endanger, or that kills or injures a person or a dog that chases, threatens, harasses,…
Official text (excerpt) · as of 2026-07-31 · Read the full section at codes.ohio.gov
Also relied on in: Ohio Dog Bite Laws: Liability and Victim Rights, Ohio Supreme Court: Mobile-Home-Park Owner Not a 'Harborer' for a Tenant's Dog Bite (2026)
Utah Code, Title 18: Dogs
§ 18-1-1Liability and damages for dog injury -- Exceptions.In forcecited in 2 of our articles
(1) (a) Except as provided in Subsections (2) and (3), an individual who owns or keeps a dog is liable for an injury caused by the dog, regardless of whether: (i) the dog is vicious or mischievous; or (ii) the owner knows the dog is vicious or mischievous. (b) Damages for an injury described in Subsection (1)(a) shall be determined in accordance with Section 78B-5-818. (2) Neither the state nor any county, city, or town in the state nor any peace officer employed by the state, a county, a city, or a town is liable in damages for an injury caused by a dog, if: (a) the dog and the dog's law enforcement handler are trained to assist in law enforcement and are certified according to the standards adopted in Title 53, Chapter 6, Part 4, Law Enforcement Canine Team Certification Act; (b) the governmental agency has adopted a written policy on the necessary and appropriate use of dogs in official law enforcement duties; (c) the actions of the dog's handler do not violate the agency's written policy; and (d) the injury occurs while the dog is reasonably and carefully being used in the apprehension, arrest, or location of a suspected offender or in maintaining or controlling the…
Official text (excerpt) · as of 2026-07-29 · Read the full section at le.utah.gov
Cited in 7 court opinionsMost recently applied by a court: 2025
Leading cases: Neztsosie v. Meyer (Utah Supreme Court 1994, 250 Utah Adv. Rep. 10) · Waters v. Powell (Court of Appeals of Utah 2010, 655 Utah Adv. Rep. 24) · Jackson v. Mateus (Utah Supreme Court 2003, 473 Utah Adv. Rep. 3)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Utah Dog Bite Laws: Liability and Victim Rights
Revised Code of Washington
§ 16.08.040Dog bites—Liability.In forcecited in 2 of our articles
(1) The owner of any dog which shall bite any person while such person is in or on a public place or lawfully in or on a private place including the property of the owner of such dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness. (2) This section does not apply to the lawful application of a police dog, as defined in RCW 4.24.410.
Official text (excerpt) · as of 2026-07-29 · Read the full section at app.leg.wa.gov
Cited in 29 court opinionsMost recently applied by a court: 2025
Leading cases: Wright v. Engum (Washington Supreme Court 1994, 124 Wash. 2d 343) · Sligar v. Odell (Court of Appeals of Washington 2010, 156 Wash. App. 720) · Beeler v. Hickman (Court of Appeals of Washington 1988, 50 Wash. App. 746)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Washington Dog Bite Laws: Liability and Victim Rights
Wisconsin Statutes, Chapter 174: Dogs
§ 174.02Owner’s liability for damage caused by dog; penalties; court order to kill a dog.In forcecited in 2 of our articles
(1) Liability for injury. (a) Without notice. Subject to s. 895.045 and except as provided in s. 895.57 (4), the owner of a dog is liable for the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property. (b) After notice. Subject to s. 895.045 and except as provided in s. 895.57 (4), the owner of a dog is liable for 2 times the full amount of damages caused by the dog biting a person with sufficient force to break the skin and cause permanent physical scarring or disfigurement if the owner was notified or knew that the dog had previously, without provocation, bitten a person with sufficient force to break the skin and cause permanent physical scarring or disfigurement. (2) Penalties imposed on owner of dog causing damage. (a) Without notice. The owner of a dog shall forfeit not less than $50 nor more than $2,500 if the dog injures or causes injury to a person, domestic animal, property, deer, game birds or the nests or eggs of game birds. (b) After notice.
Official text (excerpt) · as of 2026-07-29 · Read the full section at docs.legis.wisconsin.gov
Cited in 20 court opinionsMost recently applied by a court: 2024
Leading cases: Fandrey v. American Family Mutual Insurance (Wisconsin Supreme Court 2004, 272 Wis. 2d 46) · Smaxwell v. Bayard (Wisconsin Supreme Court 2004, 274 Wis. 2d 278) · Pawlowski v. American Family Mut. Ins. Co. (Wisconsin Supreme Court 2009, 322 Wis. 2d 21)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Dog Bite Laws: Liability and Victim Rights
West Virginia Code
§ 13Dog running at large; liability of owner.In forcecited in 3 of our articles
Any owner or keeper of any dog who permits such dog to run at large shall be liable for any damages inflicted upon the person or property of another by such dog while so running at large.
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
Also relied on in: West Virginia Dog Bite Laws: Liability and Victim Rights
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Sources and References
- Insurance Information Institute - Spotlight on: Dog Bite Liability(iii.org)
- Arizona - A.R.S. § 11-1025(azleg.gov).gov
- California - Cal. Civ. Code § 3342(leginfo.legislature.ca.gov).gov
- Connecticut - Conn. Gen. Stat. § 22-357(cga.ct.gov).gov
- Delaware - 16 Del. C. § 3053F(delcode.delaware.gov).gov
- Florida - Fla. Stat. § 767.04(leg.state.fl.us).gov
- Hawaii - HRS § 663-9(capitol.hawaii.gov).gov
- Idaho - Idaho Code § 25-2810(11)(legislature.idaho.gov).gov
- Illinois - 510 ILCS 5/16(ilga.gov).gov
- Iowa - Iowa Code § 351.28(legis.iowa.gov).gov
- Kentucky - KRS § 258.235(4)(apps.legislature.ky.gov).gov
- Louisiana - La. Civ. Code art. 2321(legis.la.gov).gov
- Maryland - Md. Code, Cts. & Jud. Proc. § 3-1901(mgaleg.maryland.gov).gov
- Massachusetts - M.G.L. c. 140, § 155(malegislature.gov).gov
- Michigan - MCL 287.351(legislature.mi.gov).gov
- Minnesota - Minn. Stat. § 347.22(revisor.mn.gov).gov
- Missouri - Mo. Rev. Stat. § 273.036(revisor.mo.gov).gov
- Nebraska - Neb. Rev. Stat. § 54-601(nebraskalegislature.gov).gov
- New Hampshire - RSA 466:19(gc.nh.gov).gov
- New Jersey - N.J.S.A. 4:19-16(njcourts.gov).gov
- Ohio - ORC § 955.28(B)(codes.ohio.gov).gov
- Oklahoma - 4 O.S. § 42.1(oklegislature.gov).gov
- South Carolina - S.C. Code § 47-3-110(scstatehouse.gov).gov
- Utah - Utah Code § 18-1-1(le.utah.gov).gov
- Washington - RCW 16.08.040(app.leg.wa.gov).gov
- Wisconsin - Wis. Stat. § 174.02(docs.legis.wisconsin.gov).gov
- Indiana - IC 15-20-1-3(iga.in.gov).gov
- Vermont - 20 V.S.A. ch. 193(legislature.vermont.gov).gov
- Alabama - Ala. Code §§ 3-6-1, 3-1-3(alison.legislature.state.al.us).gov
- Colorado - C.R.S. 13-21-124(leg.colorado.gov).gov
- Maine - 7 M.R.S. § 3961(legislature.maine.gov).gov
- Montana - Mont. Code Ann. § 27-1-715(leg.mt.gov).gov
- New York - Agric. & Markets Law § 123(nysenate.gov).gov
- North Carolina - N.C.G.S. § 67-4.4(ncleg.gov).gov
- Oregon - ORS 31.360(oregonlegislature.gov).gov
- Pennsylvania - 3 P.S. § 459-502 (Dog Bites; Detention and Isolation of Dogs)(legis.state.pa.us).gov
- Rhode Island - R.I. Gen. Laws § 4-13-16(webserver.rilegislature.gov).gov
- West Virginia - W. Va. Code § 19-20-13(code.wvlegislature.gov).gov