Dog Bite Laws by State and Who Pays When a Dog Bites You

Dog bite laws fall into 3 groups. Strict liability states like California and Florida make the owner pay even if the dog never bit before. One-bite states like Texas require proof the owner knew the dog was dangerous or was careless. New York now allows both routes.

In almost every state, the owner's homeowners or renters insurance is what pays the claim.

What does strict liability mean for a dog bite?

It means you don't have to prove the owner did anything wrong or knew the dog was aggressive. You mainly prove that the dog bit you and that you were somewhere you had a right to be.

California

Civil Code §3342(a) makes a dog owner liable to anyone bitten "while in a public place or lawfully in a private place." The dog's history and the owner's knowledge don't matter.

The statute has limits. According to California's jury instruction, CACI No. 463, the owner can still argue you were partly at fault or assumed the risk. Veterinarians and kennel workers generally can't use the statute for bites on the job.

It also covers only bites. If a dog knocks you down without biting, CACI No. 462 requires proof the owner knew of its dangerous nature. Negligence is the other route. Police dogs get a separate exception under §3342(b).

Florida

Florida Statutes §767.04 makes the owner liable "regardless of the former viciousness of the dog." It covers public places and people lawfully on private property, "including the property of the owner of the dog."

Being "lawfully" on private property includes having the owner's permission. It also covers workers doing legally required duties, such as mail carriers.

Florida has 2 defenses that California doesn't.

• Your own negligence reduces the owner's liability by your percentage of fault.
• A "Bad Dog" sign can defeat the claim. The owner isn't liable if an easily readable sign with the words "Bad Dog" was posted in a prominent place on the property.

The sign defense has 2 exceptions. It doesn't apply to a victim under age 6, or when the owner's own negligence caused the bite.

See our California and Florida pages for local rankings.

How does the one-bite rule work?

You must show the owner knew or had reason to know the dog was dangerous. The nickname is misleading, because a prior bite isn't strictly required and one bite doesn't guarantee a win.

Texas

Texas bite claims rest on 2 court-made theories rather than a bite statute.

• Strict liability for a dangerous dog. You must prove the dog had "abnormally dangerous propensities" and the owner "knew or had reason to know" of them. This rule traces to Marshall v. Ranne (1974), a case about a vicious boar hog.
• Negligent handling. With no known dangerous history, you can still win by proving the owner didn't use reasonable care, such as letting the dog roam.

A Texas appeals court laid out both theories in Rodriguez v. Reed (2013), citing the Texas Supreme Court's 2008 decision in Bushnell v. Mott. See our Texas page.

Georgia

Georgia also requires proof the dog was vicious or dangerous, but a leash law can supply it. Under O.C.G.A. §51-2-7, it's enough to show a local ordinance required the dog to be leashed or at heel and it wasn't.

You must not have provoked the dog. See our Georgia page.

What changed in New York in 2025?

New York now lets bite victims sue for ordinary negligence. Before that, the only path was proving the owner knew of the dog's "vicious propensities."

In Flanders v Goodfellow, decided April 17, 2025, a postal carrier was bitten on the shoulder while delivering a package. The dog had growled, barked and slammed into windows when carriers came by.

The Court of Appeals unanimously overruled its 2006 decision in Bard v Jahnke to the extent it barred negligence claims. You can now win by proving the owner "failed to exercise due care under the circumstances." The older strict liability route for known vicious dogs still exists.

New York has a statutory layer too. Under Agriculture and Markets Law §123(10), the owner of a dog already found "dangerous" is strictly liable for the medical costs it causes. See our New York page.

Who actually pays a dog bite claim?

Usually the dog owner's homeowners or renters insurer, under the liability part of the policy. The Insurance Information Institute says those limits usually run from $100,000 to $300,000. The owner is personally responsible for anything above that.

Claims are rising. In 2025, insurers paid $1.86 billion on 28,450 dog-related injury claims, according to the III's April 13, 2026 report. That's 25% more claims than in 2024, and the average claim cost $65,450.

• California led with 2,830 claims, totaling about $231.5 million.
• Florida was second with 2,347 claims.
• New York had the highest average cost per claim, at $92,154.

Some insurers exclude certain breeds or charge more for them. If the owner's policy excludes the dog, you may have to collect from the owner directly, which is often much harder.

The claim can include medical bills, lost pay and pain and suffering.

What should you do after a dog bite?

1. Wash the wound right away with soap and water, as the CDC advises. Then get medical care, and ask whether you need rabies shots.
2. Get the owner's name, address and phone number, and ask for the dog's rabies vaccination record.
3. Report the bite to local animal control. The report documents the incident and may show earlier complaints about the same dog.
4. Photograph the wounds on day 1 and again as they heal. Scars can look very different at 6 months.
5. Get names of witnesses and neighbors who have seen the dog act aggressively. In one-bite states and in New York, that history can decide the case.
6. Ask the owner for their homeowners or renters insurance company, and open a claim in writing. See dealing with insurance adjusters before any recorded call.
7. Note your filing deadline. It's 2 years in California and Texas. Our statute of limitations guide lists other states.

If you were bitten on the job, you may have a workers' comp claim and a separate claim against the owner. See workers' comp vs. personal injury.

A lawyer adds the most when the injury leaves scars, the victim is a child or the owner's insurer denies coverage. Compare local firms in our city rankings.