Who is liable for a dog bite?

Strict liability statutes

Roughly 30 states impose strict liability on dog owners by statute. The owner is liable regardless of prior knowledge of dangerousness, as long as the victim was lawfully on the property and did not provoke the dog. California (Civ. Code § 3342), Florida (Fla. Stat. § 767.04), and Illinois (510 ILCS 5/16) are prominent examples. The statutes typically allow defenses for trespass and provocation only.

The one-bite rule

About 18 states still apply the common-law one-bite rule. To recover, the plaintiff must prove the owner knew or should have known the dog had dangerous propensities. Evidence: prior bites, animal control reports, complaints from neighbors, the dog's training history, breed-specific aggression records. Without prior-knowledge evidence, the case often fails.

Negligence standard

Some states layer a negligence theory on top of (or instead of) strict liability — failure to leash, failure to fence, violation of a local ordinance. Negligence per se applies when a violation of a leash law or local ordinance is the proximate cause of the bite.

Landlord liability

A landlord is liable only when (1) they knew the dog was dangerous and (2) they had the legal authority to remove or restrict it. Restatement (Second) of Torts § 514 captures the rule. Common-area bites are the most common landlord-liability fact pattern.

Lawful presence and provocation defenses

Trespassers generally cannot recover under strict liability statutes. Provocation is a statutory defense in most states — but provocation requires deliberate teasing or threatening behavior, not accidental contact. A toddler approaching a strange dog is not provoking it.