How do state dog bite laws influence the value of a case?
Different states have different dog bite statutes. How these laws hold dog owners liable for injuries caused by their pets can alter how much certain cases are worth. The most important legal issues are:
Generally, there are 2 different types of dog bite liability statutes:
Many states use the kind of strict liability laws found in California’s dog bite statute. These hold the dog owner responsible and liable for injuries caused by their dogs, even if the owner was without fault. The owner can be held liable if he or she was unaware of the dog attack, or even if they did everything they could to prevent it from happening.
Some states, however, follow the one-bite rule. In these states, dog owners will only be held liable if they knew or should have known of their dog’s dangerous tendencies. It is called the “one bite rule” because the strongest and most common piece of evidence in a case will be whether the dog has bitten anyone, before. If the dog has bitten someone, or there are records at animal control detailing its aggressive behavior, then the owner will likely be on notice of the dog’s viciousness.
Identical dog bite cases may be worth more in states that have strict liability laws. In those states, the owner’s awareness of their dog’s danger to the public is not a factor. The dog owner cannot raise it to avoid liability. Without this defense, the case will be easier to win. This can reflect in the value of the settlement offers.
Many accidents are not entirely one person’s fault. When the victim was partially to blame for the incident that led to his or her injuries, it takes some of the responsibility away from the defendant. Personal injury laws handle these shared fault situations in 1 of 3 ways:
If the dog bite happened in a state that uses contributory negligence, like Virginia, the victim will be barred from recovering any compensation if he or she contributed any fault for the bite.
Victims of dog bites that happen in states that use pure comparative negligence, like California and Florida, will see their verdict reduced by the percentage of fault they brought.
In states that use modified comparative negligence, like Illinois and Texas, dog bite verdicts are reduced by the victim’s percentage of fault. However, victims are also barred from recovering anything if they are more than half at fault.
If there is evidence that the victim provoked the dog in some way, it can reduce the potential settlement. The insurer will use that evidence of shared fault to pressure the victim into taking a smaller payout.
States with highest average dog bite claim
| Rank | State | Average Cost per Claim | Number of Claims | Total Claim Payout (millions) |
|---|---|---|---|---|
| 1 | New York | $55,800.00 | 893 | 49.83 |
| 2 | New Hampshire | $54,141.89 | 98 | 5.31 |
| 3 | Florida | $53,603.49 | 1268 | 67.97 |
| 4 | Vermont | $52,761.00 | 34 | 1.79 |
| 5 | Arkansas | $52,550.71 | 137 | 7.2 |
| 6 | Oklahoma | $52,147.67 | 229 | 11.94 |
| 7 | Hawaii | $51,498.08 | 62 | 3.19 |
| 8 | California | $51,264.60 | 2396 | 122.83 |
| 9 | Montana | $50,395.90 | 56 | 2.82 |
| 10 | Maryland | $48,642.39 | 290 | 14.11 |
| 11 | Connecticut | $48,550.07 | 304 | 14.76 |
| 12 | Nebraska | $48,422.06 | 115 | 5.57 |
| 13 | Illinois | $48,098.32 | 854 | 41.08 |
| 14 | Georgia | $47,968.24 | 497 | 23.84 |
| 15 | New Jersey | $47,868.74 | 699 | 33.46 |
| 16 | Missouri | $47,411.19 | 355 | 16.83 |
| 17 | Alaska | $47,237.36 | 31 | 1.46 |
| 18 | Iowa | $45,981.43 | 136 | 6.25 |
| 19 | Arizona | $45,811.22 | 410 | 18.78 |
| 20 | Nevada | $44,904.00 | 169 | 7.59 |
| 21 | West Virginia | $44,772.28 | 71 | 3.18 |
| 22 | South Carolina | $44,661.46 | 307 | 13.71 |
| 23 | North Dakota | $44,166.40 | 35 | 1.55 |
| 24 | Wisconsin | $43,593.04 | 285 | 12.42 |
| 25 | Massachusetts | $43,567.80 | 420 | 18.3 |
| 26 | Rhode Island | $43,567.80 | 72 | 3.14 |
| 27 | Alabama | $43,225.00 | 234 | 10.11 |
| 28 | Wyoming | $42,938.19 | 37 | 1.59 |
| 29 | Michigan | $42,832.83 | 740 | 37.7 |
| 30 | Mississippi | $42,520.78 | 142 | 6.04 |
| 31 | South Dakota | $41,282.45 | 43 | 1.78 |
| 32 | Kentucky | $41,236.00 | 201 | 8.29 |
| 33 | Indiana | $41,178.91 | 326 | 13.42 |
| 34 | Texas | $40,853.70 | 937 | 38.28 |
| 35 | New Mexico | $40,080.34 | 96 | 3.85 |
| 36 | Louisiana | $39,654.00 | 271 | 10.75 |
| 37 | Maine | $39,123.57 | 73 | 2.86 |
| 38 | Tennessee | $38,428.64 | 292 | 11.22 |
| 39 | Minnesota | $38,362.05 | 367 | 14.08 |
| 40 | Colorado | $37,981.88 | 379 | 14.4 |
| 41 | Idaho | $37,877.77 | 185 | 2.8 |
| 42 | Washington | $37,680.79 | 425 | 16.01 |
| 43 | Oregon | $37,223.18 | 185 | 6.89 |
| 44 | Delaware | $36,684.70 | 58 | 2.13 |
| 45 | North Carolina | $35,815.87 | 419 | 15.01 |
| 46 | Pennsylvania | $35,561.00 | 807 | 28.7 |
| 47 | Utah | $34,548.94 | 127 | 4.39 |
| 48 | Kansas | $34,424.46 | 192 | 6.61 |
| 49 | Virginia | $31,976.72 | 363 | 11.61 |
| 50 | Ohio | $31,779.36 | 764 | 24.28 |
Will certain people struggle to prove their personal injury claim?
Yes, there are 4 situations where a victim may face additional obstacles in proving their claim:
In these situations, the victim will generally not be able to hold the owner strictly liable. They can still pursue compensation for the losses that stemmed from the dog attack. However, the victim will have to show that the owner was negligent.
This increased evidentiary standard will likely be reflected with a lower settlement offer.
How Much Is a Dog Bite Claim Worth?
Dogs are the most common pet in the United States, with more than 48 million households owning one or more dogs. Most of these dogs are loving companions that will go their entire life without harming a human. Yet, at the same time, there is a significant subset of dogs that are very dangerous. According to the American Veterinary Medical Association, more than 4.5 million people suffer dog bites each year. About one in five of these victims require medical attention.
Dog bite victims often suffer severe physical injuries, including puncture wounds, lacerations, broken bones, and soft tissue damage. However, the psychological impacts of a dog attack can be just as bad–or worse. While nothing can turn back the hands of time to before the accident, by filing a dog bite lawsuit you can pursue a claim for compensation against the animal’s owner. Depending on the nature of the accident, and the state law where the attack occurred, you may not even need to show that the dog’s owner was negligent. In other words, dog owners may be held strictly liable for any injuries caused by their animal.
At Console & Associates, P.C., we provide custom-tailored representation to dog bite victims and their families, helping them obtain meaningful compensation. We strongly believe in the work we do, because we are not only helping our clients obtain the compensation they need to more easily move on with their life after an accident, but are also making society a safer place. Dog owners need to know that someone is out there who will hold them accountable. At Console & Associates, P.C., our dog bite lawyers have 25 years of experience helping victims and their families obtain the compensation they need and deserve. To learn more, and to schedule a free consultation with a dog bite lawyer today, give us a call. Calling is risk-free. We will never pressure you to bring a case and, if you decide to move forward with a dog bite lawsuit, we won’t bill you unless and until we can recover compensation on your behalf. That’s part of the “No Fee Promise” we make to each one of our clients.
You are not alone. To find out more about your legal rights and options, call Console & Associates, P.C. at (866) 778-5500 for a free consultation.
To assess the severity of a dog’s biting problems, professionals look at wound pathology and use Dr. Ian Dunbar’s Dog Bite Scale, according to the Association of Professional Dog Trainers. Under this scale, there are six levels of dog bites.
The dog bite scale is used primarily to assess the dog’s prognosis in terms of potential for future harm and the likelihood of success of bite-inhibition training, not to diagnose injuries or develop treatment plans for the victim.