Dog
Bite Liability Statutes by StateFor All 50 States & DC
© 2014 Landlord.com
Dog
Bite Liability Statutes by State
For All 50 States & DC
© 2014 Landlord.com
Dog Bite Liability Statutes by State.
This chart is a compilation and summary of the individual states’ dog bite laws. These are laws directed specifically to dogs and fixing the owner’s liability. In all cases, owner’s liability is not contingent on his knowledge of his dog’s tendency to bite. In most cases, the liability is strict, that is, not dependent on the owner’s negligence. In the case of absence of a specific dog bite statute, similar liability is imposed on the owner by the state’s vicious animal statute. These statutes are beyond the scope of this overview, but may be found in our chart concerning dangerous animals.
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State |
Citation |
Highlights |
Local Gov’t |
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Alabama |
Ala. Code Secs 3-6-1 through 6 |
Owner of a dog is liable for injury due to unprovoked attack to person when he is lawfully on the person’s property (see Sec. 3-6-2), or if he is pursued off of the property by the dog and injured there. Lawful presence means presence at invitation of owner or to perform a legal duty in a lawful manner. Liability is strict but owner may plead ignorance of the dog’s tendency to be vicious or “mischievous.” |
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Alaska |
No statute |
See chart on state’s vicious animals law. Lack of a specific dog bite strict liability statute does not mean that liability may not attach under other theories of liability, such as negligence, nuisance, or willful misconduct of various kinds. |
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Arizona |
Ariz. Rev. Stats. Secs. 11-1025 through 1027 |
The owner of a dog which 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. Lawful presence means presence at invitation of owner or to perform a legal duty in a lawful manner. Provocation by the person attacked is a defense. |
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Arkansas |
No statute |
See chart on state’s vicious animals law. Lack of a specific dog bite strict liability statute does not mean that liability may not attach under other theories of liability, such as negligence, nuisance, or willful misconduct of various kinds. |
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California |
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 law, or when he is on such property upon the invitation, express or implied, of the owner. |
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Colorado |
Col. Rev. Stats. Sec. 13-21-124 |
A person who suffers serious bodily injury or death from being bitten by a dog while lawfully on public or private property may bring a civil action to recover economic damages against the dog owner regardless of the dog owner's knowledge or lack of knowledge of the dog's viciousness or dangerous propensities. See statute for numerous exceptions including unlawful presence on property and posting of dangerous dog warning signs. |
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Connecticut |
Conn. Stats. Sec. 22-357 |
If any dog does any damage to either the body or property of any person, the owner or keeper, or, if the owner or keeper is a minor, the parent or guardian of such minor, shall be liable for such damage, except when such damage has been occasioned to a person who, at the time such damage was sustained, was committing a trespass or other tort, or was teasing, tormenting or abusing the dog. |
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Delaware |
Del. Stats. Sec. 7-1711 |
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. |
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District of Columbia |
DC Stats. Secs. 8-1808 and 1812 |
An owner’s liability is not strict, but based on negligence in the care, training, and management and control of the dog; however, lack of knowledge of a dog’s dangerous propensities is not a defense, so the dog does not get one free bite. |
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Florida |
Florida Stats. Sec. 767.04 |
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. Negligence by the injured party reduces damage in proportion as the negligence was part of the cause of the attack. An owner may not be liable to anyone over the age of 6 if the dog is on the owner’s property if it is posted with warning signs. |
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Georgia |
No statute |
See chart on state’s vicious animals law. Lack of a specific dog bite strict liability statute does not mean that liability may not attach under other theories of liability, such as negligence, nuisance, or willful misconduct of various kinds. |
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Hawaii |
The owner or harborer of an animal, if the animal proximately causes either personal or property damage to any person, shall be liable in damages to the person injured regardless of the animal owner's or harborer's lack of scienter of the vicious or dangerous propensities of the animal. The owner or harborer of an animal which is known by its species or nature to be dangerous, wild, or vicious, if the animal proximately causes either personal or property damage to any person, shall be strictly liable for such damage. See section 663-9.1 for exceptions. |
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Idaho |
No statute |
See chart on state’s vicious animals law. Lack of a specific dog bite strict liability statute does not mean that liability may not attach under other theories of liability, such as negligence, nuisance, or willful misconduct of various kinds. |
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Illinois |
Illinois Stats. Chap. 510 Sec. 5/16
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If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of the dog or other animal is liable in civil damages for the full amount of the injury proximately caused by the attack. |
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Indiana |
Ind. Stats. Sec. 15-5-12-1; 15-20-1-3 and 15-20-1-4 |
If a dog, without provocation, bites a person who is acting peaceably; and who is in a location where the person may be required to be in order to discharge a duty imposed upon the person by the laws of Indiana the laws of the United States; or the postal regulations of the United States; the owner of the dog is liable for all damages suffered by the person bitten. The owner of a dog described is liable for damages even if the dog has not previously behaved in a vicious manner; or the owner has no knowledge of prior vicious behavior by the dog. Liability may be criminal in case of willful failure to restrain animal. |
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Iowa |
Iowa Stats. Sec. 351.28 |
The owner of a dog is liable to an injured party for all damages done by the dog when the dog is caught in the act 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. Does not apply to rabid dogs unless the owner knows the dog is sick and a reasonable action could have prevented the attack. |
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Kansas |
No statute |
See chart on state’s vicious animals law. Lack of a specific dog bite strict liability statute does not mean that liability may not attach under other theories of liability, such as negligence, nuisance, or willful misconduct of various kinds. |
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Kentucky |
Kentucky Stats. Sec. 258.235 |
“Any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage.” Quoted because that seems to be all the Kentucky Statutes have to say about it. Terse. |
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Louisiana |
Louisiana Civil Code Sec. 2321 |
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. |
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Maine |
Maine Rev. Stats. Title 7 Part 9 Chap. 729 Sec. 3961 |
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. |
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Maryland |
No statute |
See chart on state’s vicious animals law. Lack of a specific dog bite strict liability statute does not mean that liability may not attach under other theories of liability, such as negligence, nuisance, or willful misconduct of various kinds. |
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Massachusetts |
Mass. Stats. Chapter 140 Sec. 155 |
Owner is liable for all damage to the person or property of another done by his dog unless at the time the injured party is committing a trespass or other tort, or was teasing, tormenting or abusing such dog. If the injured party is a minor under 7, it is presumed that he was not committing a trespass or other tort, or teasing, tormenting or abusing the dog, and the burden of proof thereof is upon the defendant in such action. |
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Michigan |
Michigan Compiled Laws Sec. 287.351 |
Owner is strictly liable for his dog’s unprovoked attack resulting in damage done to another while that person is on public property or lawfully on private property, regardless of owner’s knowledge of the dog’s vicious tendencies. The only exception is where the injured person is on the owner’s property for purpose committing an unlawful act. |
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Minnesota |
Minn. Stats. Sec. 347.22 |
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. |
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Mississippi |
No statute |
See chart on state’s vicious animals law. Lack of a specific dog bite strict liability statute does not mean that liability may not attach under other theories of liability, such as negligence, nuisance, or willful misconduct of various kinds. |
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Missouri |
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. Owner is also subject to fine of up to $1000. The comparative fault of the damaged party may reduce his award. |
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Montana |
The owner of that bites any person without provocation 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 such dog, located within an incorporated city or town is liable for such damages as may be suffered by the person bitten regardless of the former viciousness of the or the owner's knowledge of such viciousness. |
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Nebraska |
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The owner of a dog is liable for all damage to persons or property as a result of the acts of the dog. Lack of knowledge of dangerous propensities is apparently not a defense.
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Nevada |
No statute |
See chart on state’s vicious animals law. Lack of a specific dog bite strict liability statute does not mean that liability may not attach under other theories of liability, such as negligence, nuisance, or willful misconduct of various kinds. |
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New Hampshire |
Owner is liable for damage to any person or the person’s property, including livestock. The only exception is if the person bitten is engaged in trespass or some other tort. |
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New Jersey |
New Jersey Permanent Statutes Sec. 4:19-16 |
The owner of any dog that bites a person while the 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 all damages, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.
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New Mexico |
No statute |
See chart on state’s vicious animals law. Lack of a specific dog bite strict liability statute does not mean that liability may not attach under other theories of liability, such as negligence, nuisance, or willful misconduct of various kinds. |
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New York |
No statute |
See chart on state’s vicious animals law. Lack of a specific dog bite strict liability statute does not mean that liability may not attach under other theories of liability, such as negligence, nuisance, or willful misconduct of various kinds. |
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North Carolina |
No statute |
See chart on state’s vicious animals law. Lack of a specific dog bite strict liability statute does not mean that liability may not attach under other theories of liability, such as negligence, nuisance, or willful misconduct of various kinds. |
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North Dakota |
No statute |
See chart on state’s vicious animals law. Lack of a specific dog bite strict liability statute does not mean that liability may not attach under other theories of liability, such as negligence, nuisance, or willful misconduct of various kinds. |
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Ohio |
Ohio Rev. Code Sec. 955.28 |
The owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog, unless the injury, death, or loss was caused to the person or property of an individual who, at the time, was committing or attempting to commit criminal trespass or another criminal offense other than a minor misdemeanor on the property of the owner, keeper, or harborer, or was committing or attempting to commit a criminal offense other than a minor misdemeanor against any person, or was teasing, tormenting, or abusing the dog on the owner’s, keeper’s, or harborer’s property. |
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Oklahoma |
Oklahoma Statutes Title 4, Sec. 42.1 through 42.3 |
The owner or owners of any dog are liable for damages to the full amount of any damages sustained when their dog, without provocation, bites or injures any person while such person is in or on a place where he has a lawful right to be. |
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Oregon |
No statute |
See chart on state’s vicious animals law. Lack of a specific dog bite strict liability statute does not mean that liability may not attach under other theories of liability, such as negligence, nuisance, or willful misconduct of various kinds. |
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Pennsylvania |
“Any cost to the victim for medical treatment resulting from an attacking or biting dog must be paid fully by the owner or keeper of the dog.” The owner may also be liable to the victim for negligence or willful misconduct under other theories of liability. |
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Rhode Island |
RI Gen. Laws Sec. 4-13-16 |
Owner is liable for all damage done to a person or a person’s animal by a dog while the dog is “traveling the highway” or on the loose. |
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South Carolina |
So. Carolina Code of Laws Sec. 47-3-10 |
When a person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the owner of the dog or other person having the dog in his care or keeping, the owner of the dog or other person having the dog in his care or keeping is liable for the damages suffered by the person bitten or otherwise attacked. |
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South Dakota |
No statute |
See chart on state’s vicious animals law. Lack of a specific dog bite strict liability statute does not mean that liability may not attach under other theories of liability, such as negligence, nuisance, or willful misconduct of various kinds. |
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Tennessee |
Tenn. Code Sec. 44-8-413 |
Owner of a dog not reasonably under control is liable to all damage caused, regardless of owner’s knowledge of dog’s propensity to bite or otherwise damage persons or property. |
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Texas |
No statute |
See chart on state’s vicious animals law. Lack of a specific dog bite strict liability statute does not mean that liability may not attach under other theories of liability, such as negligence, nuisance, or willful misconduct of various kinds. |
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Utah |
Utah Stats. Sec. 18-1-1 |
Every person owning or keeping a dog shall be liable in damages for injury committed by such dog, and it shall not be necessary in any action brought therefor to allege or prove that such dog was of a vicious or mischievous disposition or that the owner or keeper thereof knew that it was vicious or mischievous. |
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Vermont |
No statute |
See chart on state’s vicious animals law. Lack of a specific dog bite strict liability statute does not mean that liability may not attach under other theories of liability, such as negligence, nuisance, or willful misconduct of various kinds. |
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Virginia |
No statute |
See chart on state’s vicious animals law. Lack of a specific dog bite strict liability statute does not mean that liability may not attach under other theories of liability, such as negligence, nuisance, or willful misconduct of various kinds. |
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Washington |
Wash. Stats. Sec. 16.08.40 |
The owner of any dog that bites any person while he 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 such damages as may be suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of the viciousness. |
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West Virginia |
WV Stats. Sec. 19.20.13 |
The owner of a dog running at large is liable for all damage caused by the dog while running at large. |
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Wisconsin |
Wisc. Stats. Sec. 174.02 |
The owner of a dog is strictly liable for all damage to persons or property caused by the dog. In certain circumstances the owner is also liable for statutory penalties (see statute). |
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Wyoming |
No statute |
See chart on state’s vicious animals law. Lack of a specific dog bite strict liability statute does not mean that liability may not attach under other theories of liability, such as negligence, nuisance, or willful misconduct of various kinds. |
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