Dog Bite Laws by State

State

Statute

Owner Strictly Liable?

Additional Provision

Alabama

Ala. Code § 3-6-1

Ala. Code § 3-6-33

Yes, if it happens on the owner's property

• Provocation exception
• The owner can mitigate damages if they did not know the dog was dangerous

Alaska

None

N/A

The owner will be held liable under normal negligence laws or if the owner knew of the dog's dangerous propensities

Arizona

Ariz. Rev. Stat. §§ 11-1020, 11-1025, 11-1026

Yes, when the person is either in public or lawfully on private property

Provocation is a defense and applies to police dogs

Arkansas

None

N/A

• The owner will be held liable under normal negligence laws or if the owner knew of the dog's dangerous propensities
• There can be criminal liability

California

Cal. Civ. Code § 3342

Yes, if the bite occurs on public property or the victim was lawfully on private property

• No liability if the victim was trespassing/committing a crime
• Police dogs are not liable unless there is "no written policy on necessary and appropriate use of a dog"

Colorado

Colo. Rev. Stat. § 13-21-124

Strict liability only if the victim suffers serious bodily injury; Otherwise, one bite rule or proof of owner's knowledge of dog's "dangerous propensity"

Exceptions to owner liability include provoking the dog, the person is trespassing, there is a "no trespass" or "beware of dog sign," and others

Connecticut

Conn. Gen. Stat. § 22-357

Strict liability unless the person was trespassing, committing a tort, or abusing the dog

• If the victim is under the age of seven years old, there is a presumption against trespass/tort
• Unable to bring a suit against a member of a police dog's handler's household unless the victim proves with evidence that the household member had exclusive control of the animal at the time the injury occurred

Delaware

Del. Code Ann. § 16:3074

Strict liability unless the person was trespassing, committing a crime or tort, or teasing/abusing the dog on the owner's property

• The dog is not dangerous if it is "protecting or defending another person" near it
• Police dogs are not liable if an injury occurs while working

District of Columbia

D.C. Code Ann. § 8-1808, §§ 8-1901-1908

The owner is strictly liable if the dog is "at large," meaning off leash in a public space or not under the owner's control

Contributory negligence applies to the victim's actions and can bar any recovery

Florida

Fla. Stat. Ann. §§767.01, 767.04

Strict liability unless the person is trespassing or committing a crime or tort on the owner's private property or there is a visible "Bad Dog" sign on display

Comparative fault of the victim reduces damages by the percentage the victim is found liable

Georgia

Ga. Code Title. § 51-2-7

The owner is liable only if the dog is considered a "dangerous animal," off-leash, or not under control

The vicious propensity of the animal should be proven

Hawaii

Haw. Rev. Stat. Ann. § 663-9

The owner is liable for damages when negligent unless it meets an exception

Exceptions include victim provocation, abuse of dog, or trespassing

Idaho

Idaho Code 25-2810

One bite rule unless:

The person is trespassing or committing a crime or tort on the owner's private property

The person currently or previously abused the dog

The dog was protecting someone else

The dog was protecting its babies from harm

The victim was interfering with a hunting dog

The victim got in between an animal fight

The dog was a service animal

• The owner may be liable if they knew of the dog's dangerous propensities
• "Justified provocation" of the dog precludes an award of damages

Illinois

510 I.L.C.S. 5/16 § 16

Strict liability

Exceptions if the victim was trespassing or provoking the dog

Indiana

Ind. Code 15-20-1-3

Strict liability if the victim was in a location where they were required to be in order to discharge a duty under federal or state law (such as a mail carrier)

In all other circumstances, the owner is held liable even if they did not have knowledge of the dog's dangerous propensities

Iowa

Iowa Code Ann. § 351.28

The dog owner is liable if the dog is "caught in the act of worrying, maiming, or killing a domestic animal," or if the dog is attacking or trying to bite a person

• The dog owner may not be liable if the victim was committing an unlawful act that caused the injury
• The dog owner is not liable if the dog attacked because it had rabies ("hydrophobia") unless the dog's owner knew the dog had rabies but failed to use "reasonable effort" to prevent the dog from harming others

Kansas

N/A

One bite rule; The dog owner may be liable only if they had knowledge of the dog's vicious propensities, or if they acted negligently

N/A

Kentucky

Ky. Rev. Stat. § 258.235

The dog owner is strictly liable for any damage to a person, livestock, or other property

Any dog declared dangerous by a Kentucky court must be kept in a location secure from other people

See Kentucky Dog Bite Laws

Louisiana

La. C.C. Art. § 2321

Strict liability for damages to persons or property caused by the dog which the owner could have prevented and that did not result from the injured person's provocation of the dog

The victim may have to prove the owner could have prevented the incident

Maine

Me. Rev. Stat. Ann. § 3961

The owner is strictly liable when the dog bite occurs off the owner's premises or property

• The injured person may have to show they were not at fault
• Damages can only be reduced if the injured person's actions of fault exceed the dog's actions

Maryland

Code of Maryland section 3-1901

The dog owner is strictly liable for any injury, death, or loss to person or property that is caused by the dog when the dog is running at large (not on the owner's property)

The owner may not be liable if the victim was trespassing or attempting to trespass on the owner's property or committing or attempting to commit another crime; or provoking, abusing, teasing, or tormenting the dog

Massachusetts

Mass. Gen. Laws Ann. 140 § 155

The dog owner will be held strictly liable for damages caused by their dog unless the victim was trespassing, teasing, or tormenting the animal

If the victim is under the age of seven years old, the presumption is that there was no trespass or provocation

Michigan

Mich. Comp. Laws Ann. § 287.351

The dog owner may be liable for all damages resulting from a dog bite when the victim is either on public property or lawfully on private property

Strict liability applies as long as the victim did not provoke the dog

Minnesota

Minn. Stat. Ann. § 347.22

The dog owner is held strictly liable if the dog "attacks or injures any person acting peaceably in any place where the person may lawfully be"

• Exceptions to liability: the victim not acting peaceably or unlawfully in a place where the bite takes place
• Any person keeping the dog can be secondarily liable along with the dog owner

Mississippi

N/A

One bite rule; The dog owner is only liable if they have knowledge of their dog's vicious propensities

N/A

Missouri

Mo. Rev. Stat. § 273.036

The dog owner is liable if the injured person was on public property or was lawfully on private property, and the injured person did not provoke the dog to bite

• The victim's damages may be reduced by the percentage that they were at fault
• The owner held liable for a dog bite must pay a fine of $1,000.00

Montana

Mont. Code Ann. § 27-1-715

The dog owner is strictly liable for damages caused by their dog if the incident occurred in an incorporated town or city

N/A

Nebraska

Neb. Rev. Stat. § 54-601

Strict liability for dog owners unless exceptions apply

• Special exception: the owner is not liable if the injury happens through the dog's playfulness or mischievousness, or the victim is a trespasser
• Police dogs are not liable if the injury occurs on the job and if their governmental agency had a written policy, they were following it

Nevada

N/A

The dog owner has liability if the victim can prove that the dog owner's negligence led to the dog bite injury

N/A

New Hampshire

N.H. Rev. Stat. Ann. § 466:19

The dog keeper and owner are held strictly liable for all physical damage caused by their dog unless the victim was trespassing or committing a tort

N/A

New Jersey

N.J. Stat. Ann. § 4:19-16

The dog owner is held strictly liable when the victim is lawfully on private property or public property when the dog bite occurs

N/A

New Mexico

N/A

• The dog owner may be held strictly liable if they had prior knowledge of the dog's vicious propensities
• The owner can also be held liable if they were negligent

N/A

New York

N.Y. Agriculture & Markets Law, § 123(10)

• The owner of a “dangerous dog" is liable if the dog causes injuries to another person, livestock, or another person's companion animal, like a disability service dog
• Exceptions include the dog coming to the aid or defense of a person during the commission or attempted commission of a violent felony in the first degree, criminal sexual act in the first degree, or kidnapping within the dwelling or property of the owner of the dog

If the victim claims damages that are not medical, they must prove the dog's owner was negligent

North Carolina

N.C. Gen. Stat. Ann. § 67-12, 67-4.4, 67-4.1

• The owner is strictly liable if they intentionally, knowingly, and willfully let their dog “run at large" at the time of the attack
• Otherwise, the victim may sue under a negligence claim

Strict liability for a “dangerous dog," defined as a dog that:

• Has killed or severely injured a person without being provoked
• Is owned, harbored, or trained for the purposes of dog fighting
• Has been determined to be a "potentially dangerous dog" by the local animal control board

North Dakota

N.D. Century Code 23-26

The dog owner can be liable for damages, if the victim can prove that the dog owner was negligent and negligence caused the injury

N/A

Ohio

Ohio Rev. Code. Ann. § 955.28

The dog owner is strictly liable if the dog's behavior caused the injury, the injured person was not committing (or trying to commit) a crime, the injured person was not trespassing, and the injured person did not tease, torment, or abuse the dog in order to provoke it

N/A

Oklahoma

Okla. Stat. Ann. § 4-42.1

The dog owner is strictly liable for dog bites if the injured person did not provoke the dog and the injured person was in a place they had a lawful right to be

N/A

Oregon

Oregon R.S. § 31-160

Strict liability

• The victim does not need to prove a propensity for violence, or the owner had knowledge
• The owner can use the defense the dog was provoked to mitigate economic damages

Pennsylvania

Pa. Consol. Stat. § 502 A

• To establish a strict liability dog bite claim for a severe injury, the injured person must show that the dog caused a "severe injury" and the dog acted without provocation
• Otherwise, the victim may attempt a one bite claim and show the dog caused an injury, the owner knew that the dog had a history of causing injuries or of acting aggressively, and the injured person was not trespassing or provoking the dog when attacked

PA law describes a "severe injury" as "any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery"

Rhode Island

R.I. Gen. Laws § 4-13-16

The dog owner will be held liable for all damages unless the dog was confined or on his own property (that had a fence)

If this is the second time a dog owner is held liable for dog bite injuries, they will be fined

South Carolina

S.C. Code Ann. § 47-3-110

The dog owner will be liable for all damages if the victim was on public property or lawfully on private property

N/A

South Dakota

N/A

The dog owner will be liable if the victim can prove that the owner knew, or should have known, of the dog's dangerous propensities, or if the owner was negligent

N/A

Tennessee

Tenn. Code Ann. § 44-8-413

The dog owner is liable for all damages, regardless of prior knowledge of the dog's vicious propensities

The dog owner may not be held liable if the victim was a trespasser, the dog was protecting a person from injury, or was a police dog acting in an official capacity

Texas

V.T.C.A., Health & Safety Code § 822.005

The dog owner will be liable if the victim can prove that the owner had knowledge of the dog's dangerous propensities, was negligent, a leash law was violated, or the owner caused the injury

N/A

Utah

Utah Code Ann. § 18-1-1

The dog owner is strictly liable unless the victim was trespassing, the dog was secured in a fence or enclosure, or the injury occurred to another animal

No state nor any county, city, or town, or peace officer will be held liable for injuries caused by law enforcement animals if the animal was following a written policy by the agency

Vermont

N/A

The dog owner may be held liable if the victim can prove the owner had prior knowledge of the dog's dangerous propensities

N/A

Virginia

Vir. Code § 3.2-6540.04

One bite rule; A dog owner may be liable if the owner knew or should have known the dog might act aggressively

• The owner will be liable if the dog harms the victim's service animal
• The owner is not liable if the victim was trespassing, harming another person, provoking the animal at the time or had provoked it previously, was harming or attempting to harm the dog's offspring, or if the dog was responding to pain

Washington

Wash. Rev. Code § 16-08-040

The owner is strictly liable if the person was lawfully on private property or public property when the bite occurs

Law enforcement animals are not subject to strict liability laws

West Virginia

W. Va. Code § 19-20-13

The owner is held strictly liable if the dog is "running at large"

N/A

Wisconsin

Wis. Stat. § 174.02(1)(a) – First Bite Wis. Stat. § 174.02(1)(b) – Second Bite

• The dog owner is liable for the first bite if no prior knowledge of the dog's dangerous propensities
• Must also pay a penalty of not less than $50 or 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

Second bite: The dog owner is strictly liable for two times the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal, or property

Wyoming

N/A

The dog owner will be liable if the victim can prove negligence or knowledge of the dog's dangerous propensities

Comparative fault