What Should You Do After a Dog Bite? Assess Your Injury Claim

Strict Liability vs the One-Bite Rule: Who Pays for a Dog Attack

In Ontario, the Dog Owners' Liability Act imposes strict liability: the owner is liable for damages from a bite or attack regardless of whether the dog ever showed aggression before, and regardless of the owner's fault. Other Canadian provinces vary — British Columbia and Alberta generally apply the common-law 'scienter' doctrine and negligence, meaning the victim must show the owner knew or ought to have known the dog was dangerous, or failed to take reasonable care.

The United States splits roughly down the middle. Around 36 states — including California, New Jersey, and Michigan — have strict liability dog bite statutes, where the owner pays even for a first bite. The remainder, including Texas and New York (for most damages), follow versions of the 'one-bite rule', where liability depends on the owner's knowledge of the dog's dangerous propensities or on negligence. Because the governing rule determines what you must prove, identifying your jurisdiction's regime is the first step in any dog bite claim — which is why this wizard starts there.

Homeowner's Insurance Is the Real Payment Source

Most dog bite compensation is paid by insurance companies, not dog owners personally. Standard homeowner's and tenant's (renter's) policies in both Canada and the US include personal liability coverage — commonly $100,000 to $2,000,000 in Canada and $100,000 to $500,000 in the US — that responds to dog bites, even when the attack happened at a park or on the street rather than at the owner's home. The Insurance Information Institute reports that US insurers paid over $1.1 billion in dog-related injury claims in 2023, with an average claim payout above $58,000.

This is why claiming against a friend, family member, or neighbour is less confrontational than it feels: the owner reports the incident to their insurer, an adjuster takes over, and the insurance company negotiates and pays the claim. The owner's out-of-pocket exposure is typically nothing beyond a possible premium increase. Some insurers exclude specific breeds or dogs with prior bite history, so confirming actual coverage — something a personal injury lawyer can do through formal disclosure requests — matters before assuming the policy will respond.

Scarring, Psychological Harm, and Reporting Obligations

Scarring is the most commonly undervalued element of dog bite claims. Facial scars, scars on children (assessed for their appearance across a lifetime), and keloid or contracture scarring can each significantly increase damages, and scar appearance typically takes 12 to 18 months to stabilize. Settling before a plastic surgeon has assessed the final result and revision options is one of the most expensive mistakes a bite victim can make. Psychological injuries — anxiety, nightmares, and cynophobia (fear of dogs) — are equally compensable and especially common in child victims, but insurers rarely pay for them unless they are documented by a physician or psychologist.

Dog bites also carry reporting obligations. In Canada, bites are reportable to the local public health unit for rabies control, and health-care providers are required to report bites they treat; in most US jurisdictions, animal control or the health department must be notified. Reporting protects you medically (verifying the dog's rabies vaccination status), creates an independent official record of the attack, and surfaces the dog's history — prior complaints on file can transform a disputed claim into a documented pattern.

Related: Personal Injury Wizards · All Personal Injury Wizards · Injury Claim Assessment · What Is My Injury Claim Worth? · Injury Claim Deadline Checker · All Legal Wizards