Dog bites are becoming an increasingly serious issue in the United States. According to USA Today, the number of fatal dog attacks has more than doubled over the past decade. The average rose from around 40 per year to nearly 100 after the pandemic. 

As these incidents grow in frequency, laws governing dog attacks have also evolved, but the approach varies widely from state to state. The number of reported attacks differs across the country, influencing how each state tailors its legislation. 

While many states share common principles in holding dog owners accountable, some stand out with unique legal frameworks. 

In this article, we’ll explore the dog bite laws in four states—Washington, Texas, New Jersey, and Pennsylvania. These states have distinctive approaches to handling such incidents, revealing how varied and complex the legal landscape can be.

Washington: Strict Liability Without Exceptions

Washington State dog bite laws stand out due to its strict liability statute. This means dog owners are automatically liable if their dog bites someone, even if it’s the first time the dog has shown aggression. 

Unlike states with the "one-bite rule," Washington holds dog owners liable regardless of prior incidents. In those states, liability depends on whether the owner knew or should have known about their dog’s tendency to bite. Washington’s law does not offer exceptions for first-time bites. 

Under RCW 16.08.040, dog owners are liable if the bite occurs in a public place, as noted by Freeman Law Firm. The law also applies if the victim is lawfully on private property, including the owner's property.

An additional unique factor in Washington is the “comparative fault system”. Here the victim’s compensation can be reduced if they are found partially responsible for the incident, such as by provoking the dog.

Texas: The “One-Bite Rule” with a Twist

In 2023, Texas saw 411 dog bite incidents, making it the second-highest state for dog bites, according to the U.S. Postal Service. With such a high number of occurrences, you might think dog owners frequently find themselves in legal trouble.

However, Texas follows the traditional one-bite rule, giving dogs and their owners a “first bite free” pass. Owners are typically not held liable for the first incident unless they knew or should have known of the dog’s aggressive tendencies. 

Texas law allows for negligence-based claims in addition to the one-bite rule.

In these cases, a victim can pursue compensation if they can prove the owner failed to exercise reasonable care. This could include failing to restrain the dog properly or violating local leash laws. This combination of the one-bite rule and negligence claims creates a dual approach that offers multiple paths to liability.

New Jersey: Strict Liability with No Comparative Fault

New Jersey’s dog bite statute, codified under N.J.S.A. 4:19-16, also applies a strict liability standard. Dog owners are responsible for bites regardless of the dog’s history or the owner’s knowledge of aggressive behavior. 

New Jersey’s law regarding dog behavior is distinctive due to its precise legal definitions and rigid classification system. Under state law, a dog can be labeled as "vicious" if it has attacked or killed a person or another pet without provocation. 

A dog may be considered "potentially dangerous" if it has displayed aggressive behavior, such as attacking another animal. It can also be classified as potentially dangerous for showing signs of aggression towards humans, even without causing harm. 

These classifications lead to specific legal consequences, including mandatory confinement, behavioral assessments, and sometimes euthanasia, depending on the severity of the dog's actions.

Pennsylvania: Hybrid Approach with “Severe Injury” Considerations

Pennsylvania’s dog bite laws feature a hybrid approach distinguishing severe and non-severe injuries. If a dog bite results in severe injuries (such as broken bones or disfigurement), the owner is strictly liable for medical expenses. However, if the injuries are less severe, the victim must prove the dog owner’s negligence to recover additional damages.

Pennsylvania’s distinction between severe and non-severe injuries adds a layer of complexity to its dog bite laws that other states lack. This bifurcated system aims to balance the rights of victims and dog owners, ensuring that liability scales with the severity of the incident.

FAQs

How many dog bite attacks happen in the US each year?

According to Forbes, approximately 4.5 million people in the United States are bitten by dogs annually. Although many of these incidents involve only minor nips, around 800,000 individuals require medical care each year due to dog bites.

What is the number one state for dog bites?

California is often recognized as having the most dog bite incidents, primarily due to its large population and high number of dog owners. In 2022, the state saw 48,596 emergency room visits for dog bites, equating to approximately 125 visits per 100,000 residents.

How do insurance policies handle dog bites?

Many homeowners and renters insurance policies include coverage for dog bites, but the extent of coverage varies. Some policies may limit or exclude coverage for certain breeds deemed "high-risk." In general, liability coverage can help cover medical costs, lost wages, and legal expenses for dog bite claims.

Overall, dog bite laws across the United States vary, offering different levels of protection for victims and responsibility for dog owners. Some states hold dog owners strictly liable for bites, with no exceptions, while others blend the "one-bite" rule with negligence claims. Certain states focus on victim protection through strict liability without considering comparative fault, while others take a more hybrid approach, blending various legal principles. 

For anyone dealing with a dog bite incident, understanding the specific laws in their state is crucial to navigating potential legal outcomes.