Where it happened decides the rule in Maine
Picture two bites from the same dog. One happens on the sidewalk, the other in the owner's driveway. Maine treats them differently under Title 7, section 3961 of the Maine statutes.
When a dog injures someone who is not on the owner's or keeper's premises, subsection 2 makes the owner or keeper liable for the damages. No proof of a past bite or of careless handling is needed. The law says injures, so a knockdown counts as well as a bite.
On the owner's premises, subsection 1 applies instead. You must show the injury came from the owner's or keeper's negligence and the claim fails if the damage was caused through your own fault.
How your share of fault is weighed
Off the property, the dog statute is generous. Your own fault may not reduce what you recover for a physical injury unless the court finds your fault was greater than the owner's or keeper's.
Elsewhere, the general rule in 14 M.R.S. section 156 applies. The jury lowers your damages by a dollar amount it finds just, based on your share of responsibility. If you are found equally at fault, you recover nothing.
What a Maine dog owner must do at the scene
Maine makes it a crime to walk away. Under 7 M.R.S. section 3955, when a dog assaults a person and the injury needs medical attention, the owner or keeper must secure aid. That includes medical help and a report to local law enforcement where appropriate.
The owner may step away briefly to contain the dog. Before leaving for good, the owner must give a name, current address and contact information to you, someone acting for you or an officer. Breaking this rule is a Class D crime.
Maine dog bite statute of limitations
Maine's general limit for civil actions is six years after the claim accrues, set by 14 M.R.S. section 752. A dog injury claim against a private owner falls under it.
For a minor, section 853 lets the action be brought within that period after the disability of minority ends.
Government dogs move much faster. A claim against the state or a town under the Maine Tort Claims Act needs written notice within 365 days, per section 8107 and a lawsuit within 2 years under section 8110. Both run from age 18 for a child.
When to call a Maine dog bite lawyer
Because the property line changes everything, pin down exactly where you stood. Photos of the spot, the yard edge and any fence help settle it. Six years is a long time, but memories of where a dog was standing fade quickly.
A lawyer can also check whether the owner followed the scene rules and identify the keeper who was in charge that day.
How to report a dog bite in Maine
Report the bite to your local animal control officer. The Maine CDC, Rabies page sets out the next steps.
Before you sign with anyone, check that the attorney is licensed: use the Maine Board of Overseers of the Bar attorney search.
