My dog bit someone, what do I do?! is the last dilemma any dog parent ever wants to face. Knowing your precious dog couldn't possibly have done that, the sinking feeling of guilt when you realize your precious pup actually did do that, and then the Fear about what might happen next.
What will happen to the dog you love so deeply? What will happen to you? Will your dog be put down? Will you be sued? Will your HOA (Homeowners Association) or insurance company penalize you? These are all valid concerns. Dog bites are serious, especially when they break the skin, and the consequences can be serious too.
DOG BITES
The CDC (Centers for Disease Control) reports that approximately 4.5 million dog bites occur each year, with about 800,000 of those requiring medical treatment.
Last week one of my close friends was bitten by an 80 lb dog, and she never saw it coming. My friend was frightened and in shock. The dog's owner couldn't believe it happened and was hysterical seeing all the blood running down my friend's leg.
The dog owner is someone very close to my friend, who has known her since she was born. The dog bite incident happened in the dog's home, where my friend was visiting. It was a pretty bad dog bite to the leg, and was totally unprovoked. The wound left large, visible teeth marks. My friend rushed to urgent care and ended up needing stiches for two of the four puncture wounds the dog left on her leg, as well as antibiotics to prevent infection.
It's been a month since the dog bite incident and my friend's leg is still healing, but it will take time. She later learned that she wasn't this dog's first dog bite. He'd bitten several family members over the 8 years he's lived with them. She really wishes she had been told about the dog's history of biting - she never would have gone to the home if she'd known about it.
She feels a little betrayed by not being informed of the potential threat posed by this dog. And I can't blame her one bit. If a dog has a history of biting, even if the bites have all been very minor, it's a dog owner's obligation to disclose that to anyone they invite into their home.
When a dog bite like this occurs, people always ask the same questions. They want to know how old the dog is, how long the owner has had the dog, what the circumstances were and WHY the dog would choose to bite that person at that specific moment. But the most pressing question people ask is WHAT will happen to the dog and the dog's owner?
MY DOG JUST BIT SOMEONE, NOW WHAT?!
It's frightening and usually shocking when your dog bites someone. The first thought is for the well being of anyone the dog injured. The next thought is, what happens now and what should I do?
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| Puncture wounds from a dog bite to the leg |
There isn't one agency or authority at the federal level that handles the legal ramifications or actions taken following a dog bite incident in the US. Dog bite laws vary significantly by state. Most of the laws are written and enforced at both the state level and by local ordinances within each state.
One thing seems to be consistent though, dog owners are responsible for any injuries and damages caused by their dog. The main exception to that is when the injured party has come onto your property or entered your home without your permission, such as someone breaking into your home.
According to the CDC, across the US states fall into two legal main categories as it pertains to dog bite laws. That basically means how each state treats the accountability and liability of dog owners who have a dog that's bitten someone and caused injury. This table, taken from the CDC breaks it out:
|
Legal Doctrine |
How It Works |
Where It Applies |
|
Strict Liability |
The owner is automatically responsible for damages if
their dog bites someone, regardless of whether the dog has ever shown
aggression before. |
The majority of U.S. states (roughly 30+ states,
including California, Florida, and Ohio). |
|
The "One-Bite" Rule |
An owner is only liable if the victim can prove the owner knew
(or should have known) the dog had vicious tendencies, usually because it had
bitten someone in the past. |
Minority of states (such as Texas, New York, and
Virginia, though definitions vary). |
Across most states here's the process, at a high level, of what happens to a dog and the owner when a dog bites someone and breaks the skin, causing injury. This process applies if the dog bite received medical treatment and the incident was reported;
DOG BITES ARE REPORTED
Across most states doctors and other medical personnel, hospitals, and urgent care facilities are required by law to report dog bites they have treated to local public health departments or animal control. Dog bite reporting requirements vary by state and may vary by local ordinances.
The main reason for tracking dog bites is actually for the prevention of rabies and other potential disease risks in order to protect the community.
INVESTIGATION
Once a dog bite is reported, there is usually some kind of investigation. The process can vary significantly depending on your state and local ordinances. The appropriate local authority will usually want to contact the dog owner and get further information on the incident, the dog's history, and to verify that the dog is up to date on their rabies vaccination.
Some people receive a mailing communication asking for a meeting or more information. In some cases an animal control officer or a police officer may come to the home to interview the owner and see the dog.
RABIES QUARANTINE
Most states will require a 10 day rabies quarantine, whether your dog has been vaccinated or not. They don't always need to remove the dog from his home, some authorities will allow the dog to remain quarantined at home.
COURT HEARING
Depending on state and local laws there will likely be a hearing to determine the dog's status and whether or not the dog should be classified as a Dangerous Dog. If a dog is declared a dangerous or vicious dog, the court may require that certain new conditions for keeping the dog be met. These may include; muzzling the dog every time it leaves the home, A requirement that fencing of a certain height be around the property, and Additional insurance or a different category of insurance be obtained by the dog owner.
INSURANCE IMPACTS
Another thing to be mindful of is that a dog owner's insurance company may now consider your dog a high risk and refuse to renew your insurance policy, raise your insurance rates or drop you entirely from their insurance. Or, they may alter your liability coverage or make you sign waivers. After a reported dog bite, consult your attorney, and you may want to consult your insurance company to see what the ramifications might be, especially if you are being sued for medical expenses or other damages.
EUTHANASIA
I know, this one is a very tough thing to even talk about. But it's extremely rare that a dog who has bitten someone, or even multiple people, would be ordered to be euthanized. This would likely only be in the worst cases. If the dog killed someone in the attack, if the attack was a very severe mauling, or if the dog attacked someone again after already being classified as a dangerous dog.
NOTE: If a dog bit you or your husband, for example, and the bite didn't break the skin, or it did but you treated it yourself and received no medical care, this process wouldn't apply. If there was no one to report the incident to authorities, there's no record of the bite. But please, if your dog bit you or someone else, and it broke the skin, don't be afraid to seek medical care! The health and well being of the injured person must be the priority. A dog bite can easily cause infection, it's critical to seek medical care and have it treated.
If your dog has bitten someone, and the bite has broken the skin requiring medical care, do these two things right away:
> Research your state/local dog bit ordinances
> Contact an attorney
It's important to know where you stand following the dog bite incident. You need to know the legal ramifications in your state/county/township so you are prepared for what happens next.
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Check out my blog post with Tips To Prevent Dog Bites in Kids
To learn more about dog bites and how authorities treat and report on these incidents, visit these websites; CDC's Dog Bite resource articles, Dogsbite.org a national dog bite victims group dedicated to reducing serious dog attacks, and the ASPCA's articles on dog bite prevention.
