Strict Liability Dog Bite Laws and the Exceptions

What strict liability means

In a strict liability state, the owner pays for a bite even if the dog never bit anyone before. You do not have to prove the owner knew the dog was dangerous.

You prove three things. The dog bit you, this person owns it, and you were in a public place or lawfully on private property.

Washington's statute uses those words. It applies "regardless of the former viciousness of such dog" or what the owner knew. Triple-I counted 29 states with this kind of law as of March 2021.

The states with a dog bite statute

Some statutes are narrower than others. The table on this page lists each state's rule with a link to the law itself.

• Montana's law applies inside a city or town.
• Colorado's law covers serious bodily injury.
• Alabama's applies on the owner's property. Maine's applies off the owner's premises.
• Wisconsin doubles damages when the owner already knew of an earlier bite that broke skin.

Find your state in the table and read its exact rule. You can also see dog bite laws by state or the one bite rule. Call and we will go over how your state's rule fits your bite.

The exceptions owners raise

Provocation is the usual defense. Ohio's law does not cover someone teasing, tormenting or abusing the dog. It also excludes someone committing a crime on the owner's property.

Children get extra protection in some places. Massachusetts presumes a child under seven did not tease, torment or abuse the dog.

Trespass is the other defense. A mail carrier, a meter reader or an invited guest is lawfully on the property, so the defense fails for them.

Strict liability does not stretch the deadline

Strict liability helps you prove the claim. It does not give you more time to file it.

Arizona sets 1 year for claims under its dog bite statute.

Check the dog bite statute of limitations for your state. Then call so the deadline is handled from day one.