Did your dog bite someone? Dogs are not only cute and playful but also willing to protect you. If you take care of your canine friend and train it, you will have some good defence against potential attackers or burglars.

At the same time, a dog might bite someone who is not a threat to you but has to visit your property – for example, a friend of yours, the mailman, or other people.

But no matter who gets bitten by your dog, they might file a dog bite claim against you in order to claim compensation. These lawsuits are not that uncommon.

So, are you liable if your dog bites someone on your property? Here is everything you need to know about this situation.

My Dog Bit Someone on My Property – Now What?

Dog attacks can be unpredictable, but they are also terrifying. If you just adopted your canine friend, chances are that you do not know how it reacts to strangers or what triggers it to bite someone.

So, if you suddenly see a dog running towards someone on your property to bite them, you will immediately start panicking. You have to stop your dog from attacking this person and you must ensure the victim is okay.

If someone has suffered an injury from a dog bite on your property, you should seek medical attention for them as soon as possible. The wound might bleed. Not to mention that some animals can spread infections or diseases to the individuals they bite.

Depending on who was bitten by your dog and how bad the injury is, the victim may decide to make a claim against you for damages. Now, it is not necessary to prove intent or negligence in dog bite situations, but if the person who was bitten has any proof, this can boost the damages in a court case.

You should have documentation such as vet records and proof of dog vaccinations. This can be very useful in court as evidence to prove the attack was not intentional.

When Am I Liable If My Dog Bites Someone on My Property?

Before we discuss liability, you should know that each state is different and has its own laws. Although some states will not be that harsh on a dog owner if their dog attacks someone, other states will immediately find the owner liable. For example, some states have a “one-bite rule”. This means that if the dog has bitten someone before, you will definitely be liable during a second attack.

That being said, you will be held liable in situations where:

You were negligent in preventing the dog from biting someone or restraining the canine
You were aware of any previous aggressive behaviour from your dog

California does not apply the “one bite rule” in general when it comes to dog bites. However, it is very strict in punishing those responsible for their dogs’ attacks, ensuring victims get compensation. The injured person can also hire dog bite lawyers to help them collect compensation money.

How Can the Plaintiff Prove the Owner’s Liability?

In order to obtain compensation from this case, the plaintiff must prove that you were negligent. There are various aspects he or she must prove, respectively that:

You had an obligation or duty to stop your dog from attacking others, yet you violated or breached the duty
The dog belonged to you
The breach is responsible for the injuries suffered by the plaintiff

If you invite someone to your property, you have a responsibility to make sure they are safe, even when your dog is around. This could be a family member, a friend you invite over, or someone who must deliver mail or a package.

On top of that, if the dog starts biting someone, you must do your best to try to stop this attack.

What Are the Damages a Dog Bite Victim Can Recover?

Someone who was bitten by your dog on your property has the right to recover several losses and expenses. These include:

Also, if this is not the first time your dog bit someone on your property or if your furry friend has a reputation as an aggressive dog, the victim can recover even more money. The one-bite rule can actually double or triple the amount of compensation one receives.

Can You Defend Yourself If You’re Sued for the Dog Bite?

Even if your dog bites someone and you’re sued for it, there are still ways for you to defend yourself.

For instance, if someone trespassed on your property, your dog biting them is not something you could have prevented. They entered your property uninvited and illegally. As such, you do not have to use any reasonable care for the other individual.

Then, the plaintiff has to prove that your dog already bit someone in the past. Sometimes, this might be quite difficult to prove.

Your responsibility for the dog attack will influence whether you are found guilty or not. Some states are modified comparative negligence states. This means that the plaintiff must prove that you were mainly responsible for the bite. For instance, in Texas, they would have to prove that 51% of the blame goes to you.

But if the victim is the one to blame for it, there will be a dismissal of the case. Plaintiffs may be more responsible if they trespassed, attacked the canine first, or teased the animal in any way.

Dog Bites Someone Bottom Line

Dog bites are no fun, and you may be extremely worried if your dog bites someone on your property. Especially if we’re talking about someone you invited. Find out who is to blame for the incident and check out the rules in your state to see how this influences the outcome of the case. Also, make sure to see if it’s a “one-bite rule” state.

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Am I Liable If My Dog Bites Someone on My Property?