Dog Bites on The Rise
According to the Insurance Information Institute in conjunction with insurance company State Farm, there will be 22,658 dog bite related claims in the U.S. in 2024. This represents an increase of nearly 19% from 2023 and a 48% increase from the previous decade. Such numbers point to a disturbing trend. Especially when it comes to the legal and financial responsibility of dog owners.
In addition, the average payout per lawsuit in 2024 was $69,272. This is 18% more than in 2023 and 86% more than a decade ago. With such significant amounts, it is clear that a dog bite can result in both physical and financial damages.
Statistics by State: Leaders in Number of Claims
The highest number of incidents are reported in:
- California
- Florida
- Texas
These states traditionally lead the nation in the number of dog bite lawsuits. In particular, California has consistently led the nation in the number of lawsuits filed against dog owners. This may be due to:
- High population density
- The large number of pets
- Peculiarities of state law
It is important to note that California has a strict liability system for dog bites, even if it is the first incident.
Legal Liability of Dog Owners in California
Under California Civil Code Section 3342, a dog owner is strictly liable for damages caused by a dog bite. Regardless of whether or not they were aware of the dog’s propensity for aggression. This means that the owner will be held liable even if there is no prior record of an attack. Therefore, victims have the right to file a lawsuit for:
- Compensation for medical expenses
- Lost earnings
- Pain and suffering
The exceptions are if the bite occurred while the animal was trespassing on private property or was provoked by the animal. For a more in-depth look at liability issues for injuries caused by dogs, you can read our article.
The Role of Insurance in Settling Lawsuits
Most homeowners or renters insurance policies include liability coverage for dog bites. However, it is important to realize that such policies have a set limit on payouts. The amount is usually between $100,000 and $300,000. If the claim exceeds the limit, the dog owner must pay the difference out of pocket. In addition, some insurance companies will deny coverage if the dog:
- Has a history of aggression
- Has been involved in previous incidents
- Belongs to certain breeds (such as Pit Bulls, Rottweilers or German Shepherds)
This creates additional challenges for owners. Especially in California, where insurance companies may consider breed when assessing risk.
Dog Bites as a Societal Problem
According to the Centers for Disease Control and Prevention (CDC), more than 4.5 million dog bites are reported in the United States each year. A significant number of victims are children. Many incidents occur in the home, between familiar animals. National Dog Bite Prevention Week, with the release of the 2024 data, aims to raise awareness of the risks. As well as the need for responsible pet ownership. In light of these data, it is recommended that:
- Always monitor your pet’s behavior outdoors and at home
- Do not leave children unsupervised around dogs
- Take training and socialization classes
- Carry liability insurance to cover potential claims
Steps to Take to Minimize Legal Risks
Given the increasing number and cost of lawsuits, dog owners should consider the following measures:
- Install a solid fence around the property. This will help prevent accidental incidents with passersby or neighbors
- Take training classes. Training will help reduce aggression and unpredictable behavior
- Review the terms of your insurance policy. Make sure your dog is covered and the limits are adequate
- Consult legal counsel. In the event of an incident, seek professional help to protect your interests
Legal Consequences for Dog Owners
If a dog bite results in serious injury, the owner may face not only civil but also criminal liability. Especially if he or she is found to have been negligent or knowingly allowed the animal to be aggressive. In California, for example, it is possible to bring a criminal negligence case if there are serious injuries. In addition, the injured party may seek compensation through a civil lawsuit, including:
- Medical expenses
- Punitive damages
- Permanent disability
- Legal Costs
It is important to remember that when a dog bites another pet, the owner of the injured pet can seek compensation. These cases are becoming more common. Especially in densely populated areas where animals are in close proximity to each other. In addition, disputes may arise regarding the emotional distress of the owner of the injured animal. This is also taken into account by the courts when considering such claims.
Conclusion: Strengthening Legal Liability and The Need for Prevention
The increase in dog bite lawsuits in 2024 underscores the need for greater regulation and awareness among pet owners. This is particularly true in California. Where a strict legal framework suggests immediate owner liability regardless of the preceding circumstances. It is recommended that all dog owners:
- Update their insurance coverage
- Consult with attorneys regarding liability issues
- Take preventative measures to minimize exposure
The attorneys at KAASS LAW have extensive experience handling animal bite and personal injury cases. If you have been the victim of a dog bite or are an owner facing a lawsuit, we are here to provide legal assistance and protect your interests.