Who Is Liable for a Dog Bite?
The answer to who is responsible for a dog bite depends heavily on where it happened, because the states we serve take different approaches. Understanding the standard is the key to understanding your claim.
The dog owner — under different standards
The dog owner is usually the primary responsible party, but how they are held responsible varies. Under strict liability, they can be responsible even for a first bite; under a one-bite rule, you generally must show they knew the dog was dangerous.
California and Arizona: strict liability
California and Arizona both use strict liability for dog bites, meaning an owner can be responsible for a first-time bite of a lawfully present victim. Arizona also has a separate negligence theory, and importantly a shorter deadline for the strict-liability claim.
New Mexico: the scienter rule
New Mexico does not have a strict-liability dog-bite statute. Instead, a victim generally must show the owner knew, or should have known, the dog had a dangerous propensity, or was otherwise negligent.
Others may share responsibility
Beyond the owner, a landlord who knew about a dangerous dog, or another party, may sometimes share responsibility — which can matter when the owner has no insurance.
Frequently asked questions
Is the dog owner always the one who pays?
Usually the owner is primarily responsible, though the recovery typically comes from their insurance. Others, like a landlord who knew about a dangerous dog, can sometimes share responsibility.
Keep reading
This article is general information about Dog Bites injury law, not legal advice. Every case is different — talk to a lawyer about your situation.
The law depends on your state
The steps above apply wherever you were hurt. Filing deadlines, fault rules, and limits on damages differ by state — pick yours for what applies to dog bites.
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