Dog Bite Demand Letters: Homeowners and Renters Insurance Claims
Dog bite injuries and insurance recovery: When you’re injured by someone else’s dog, homeowners or renters insurance typically covers the owner’s liability. Dog bites can cause severe injuries, permanent scarring, emotional trauma, and fear of animalsโespecially in children. A well-documented demand letter to the owner’s insurance carrier is often the first step toward fair compensation.
This guide covers how to identify the responsible party and their insurer, what facts matter most in dog bite cases, how to build a compelling demand letter, and what settlement ranges look like based on injury severity and insurance policy limits.
I handle dog bite demand letters personally. This page covers general U.S. law. If your injury occurred in California, I have California-specific guidance addressing Civil Code ยง 3342’s strict liability statute.
Dog bite liability varies by state. Most states use one of three frameworks to determine whether a dog owner is liable for injuries caused by their dog.
Many states have strict liability statutes that hold dog owners liable if their dog bites someone, regardless of the dog’s prior behavior or the owner’s knowledge of aggression. Under strict liability:
- Owner is liable even if dog never bit anyone before
- Owner doesn’t need to have known the dog was dangerous
- Victim must prove: (1) dog bit them, (2) owner owned the dog, (3) victim was lawfully where the bite occurred
- Common defenses: provocation, trespassing, assumption of risk
In states without strict liability statutes, dog bite claims are based on negligence. The victim must prove the owner knew or should have known the dog had dangerous propensities. This is often called the “one bite rule” because prior aggression is usually required:
- Owner knew dog previously bit, lunged, growled, or showed aggression
- Owner received complaints about dog’s behavior from neighbors or animal control
- Breed reputation alone is typically insufficient without specific knowledge of this dog’s danger
- Owner failed to exercise reasonable care in controlling known dangerous dog (leash, fence, muzzle)
In both strict liability and negligence states, violating local leash, containment, or licensing ordinances can establish negligence per se:
- Dog was off-leash in area requiring leashes
- Dog escaped from inadequate fencing
- Dog was unlicensed or unvaccinated
- Owner violated dangerous dog registration requirements
| Liability Theory | What You Must Prove | Key Defenses |
|---|---|---|
| Strict Liability Statute | Dog bit you, owner owned dog, you were lawfully present | Provocation, trespassing, assumption of risk (vet, groomer, dog walker) |
| Negligence (One Bite Rule) | Owner knew or should have known dog was dangerous; owner failed to control dog | No prior aggression, owner had no reason to know of danger, victim’s own negligence |
| Negligence Per Se | Owner violated leash/containment law; violation caused injury | Ordinance doesn’t apply to this situation, violation didn’t cause injury |
Dog owners and their insurers typically raise these defenses:
Dog bite claims are typically covered by the dog owner’s homeowners or renters insurance. Identifying the owner and their insurer is the first step.
- Ask owner directly: Request insurance carrier name and policy number. Most owners will provide this to avoid personal liability.
- Send letter to owner: If owner won’t provide insurance info, send demand letter to owner’s home address requesting they forward to their insurer and provide insurer contact information within 10 days.
- Use attorney subpoena: If owner refuses to cooperate, attorney can subpoena insurance records or file suit and use discovery to identify carrier.
- Check with animal control: Some jurisdictions require proof of liability insurance for dangerous dog registration; animal control may have insurer on file.
- Photos of injuries: Take photos immediately after bite and throughout healing process. Document puncture wounds, lacerations, bruising, swelling, infection, and final scarring.
- Photos of dog: Photograph dog (safely, from distance if needed) to document breed, size, and temperament. Video of aggressive behavior is valuable.
- Photos of scene: Location where bite occurred, fencing (or lack thereof), “Beware of Dog” signs, leash violations.
- Witness contact information: Names and contact info for anyone who saw bite, saw dog loose/unleashed, or knows dog’s history.
- Animal control report: Report bite to animal control immediately. Request copy of their investigation report, which may document prior complaints, vaccination status, and quarantine orders.
- Emergency treatment records: ER or urgent care notes, wound cleaning, suturing, antibiotics, tetanus shot, rabies prophylaxis.
- Specialist records: Plastic surgeon, infectious disease specialist, hand surgeon (for severe hand bites), orthopedist (if bone/joint damage).
- Psychological treatment: Therapy records documenting PTSD, anxiety, fear of dogs, nightmares, sleep disturbances (especially children).
- Scar documentation: Plastic surgeon’s evaluation of scarring, prognosis for improvement, cost estimates for scar revision surgery.
- Future care needs: Estimates for additional surgeries, ongoing therapy, scar treatments (laser, steroid injections).
Dog bite cases involving child victims require extra attention to long-term impact:
- Provocation defense: Children have limited ability to understand canine behavior. Emphasize child’s age, innocence, and inability to appreciate risk.
- Lifetime scarring: Facial scars will affect child throughout their lifeโschool, dating, career, self-image. Document expected growth and how scars may worsen or require revision as child grows.
- Psychological impact: Children often develop severe fear of dogs, nightmares, regression in behavior, school anxiety. Emphasize need for ongoing therapy.
- Jury appeal: Insurers know child victims generate high jury verdicts. Use this leverage in settlement negotiations.
| Injury Type | Treatment | Typical Range |
|---|---|---|
| Minor puncture wounds, no scarring | ER visit, antibiotics, tetanus | $5,000 – $15,000 |
| Lacerations requiring sutures | ER, suturing, minimal scarring on arms/legs | $15,000 – $40,000 |
| Deep bites requiring surgery | Surgery, wound debridement, plastic repair, visible scarring | $40,000 – $100,000 |
| Facial bites with permanent scarring | Multiple surgeries, scar revision, permanent disfigurement | $100,000 – $300,000+ |
| Severe facial injuries (children) | Reconstructive surgery, ongoing revisions, significant scarring, psychological trauma | $250,000 – $500,000+ (often policy limits) |
| Nerve damage, amputation, catastrophic injury | Loss of function, permanent disability, multiple surgeries | $500,000+ (policy limits or excess verdict) |
I personally draft and negotiate dog bite demand letters for victims injured by dogs and other animals. These cases require careful documentation of scarring, psychological impact, and dog’s history to maximize recovery from homeowners and renters insurance.
It depends on your state’s law:
Strict liability states: Yes. In states with strict liability dog bite statutes (California, Florida, Illinois, Michigan, New Jersey, Pennsylvania, and others), the owner is liable even if the dog has never bitten anyone before and the owner had no knowledge of aggression.
Negligence (“one bite rule”) states: Maybe. In states that require negligence (Texas, Virginia, Maryland, North Carolina), you must prove the owner knew or should have known the dog was dangerous. However, prior aggression can include:
- Growling, lunging, or snapping at people
- Aggressive behavior toward other animals
- Owner received complaints from neighbors or animal control
- Owner kept “Beware of Dog” signs (suggests knowledge of danger)
Even in one-bite states, first-time bites can create liability if there’s evidence of prior aggressive behavior.
Usually, yes. Most homeowners and renters insurance policies include liability coverage for dog bites, typically with limits of $100,000 to $500,000.
Exceptions and limitations:
- Breed exclusions: Some policies exclude coverage for certain breeds (pit bulls, Rottweilers, Dobermans, German Shepherds). If dog’s breed is excluded, owner may be personally liable with no insurance.
- Prior bite history: If dog has bitten before and owner reported prior claim to insurance, carrier may have non-renewed policy or added dog exclusion.
- Business use: Homeowners policies typically exclude commercial dog activities (breeding, grooming, boarding). Commercial activities require separate business insurance.
How to verify coverage: Send demand letter to both dog owner and their insurer (if known). Owner is obligated to tender claim to their insurer. If insurer denies coverage, you may need to pursue owner personally or challenge coverage denial.
You likely have a strong claim. In most states (both strict liability and negligence), you have a claim if:
- You were on public property (sidewalk, street, park) or in a public right-of-way
- Dog escaped from owner’s yard or was off-leash in violation of leash laws
- You were lawfully where you had a right to be
Key evidence to gather:
- Photos showing inadequate fencing, broken gate, or open gate
- Leash law ordinances requiring dogs to be leashed or contained
- Witness statements that dog frequently escapes or roams loose
- Prior complaints to animal control about dog being loose
The fact that you were on public property and not on owner’s private property actually strengthens your claimโyou were clearly lawfully present and not trespassing.
Yes, but you must first identify the dog owner. Without a defendant, you cannot pursue a claim.
Steps to identify owner:
- Report to animal control immediately: Animal control will investigate, search for dog based on your description, and check for licensing records. They may be able to identify owner through dog license database.
- Check for witnesses: Other park visitors may know the dog or owner, or may have seen owner’s vehicle.
- Post on social media: Local neighborhood groups, Nextdoor, park user groups may help identify dog/owner.
- Return to park at same time: Dog owners often visit parks on regular schedules. You or investigator may encounter owner again.
- Check surveillance cameras: Some parks have cameras; nearby businesses may have captured owner arriving/leaving with dog.
If you can identify even partial information (dog’s appearance, owner’s general description, vehicle make/model), animal control may be able to locate owner. Don’t give upโmany hit-and-run dog bite cases are successfully resolved after investigation.
Economic damages:
- Emergency room and medical treatment costs
- Surgery and plastic surgery (wound repair, scar revision)
- Medications (antibiotics, pain medication, rabies prophylaxis)
- Future medical care (additional surgeries, scar treatments, ongoing therapy)
- Lost wages from missed work
- Out-of-pocket expenses (transportation to medical appointments, scar treatment products)
Non-economic damages:
- Pain and suffering from the attack and injuries
- Permanent scarring and disfigurement (especially face, neck, hands, arms)
- Emotional distress, PTSD, fear of dogs
- Loss of enjoyment of life (avoiding outdoor activities, parks, social situations)
- Impact on self-esteem and professional opportunities (visible scars in public-facing jobs)
Special considerations for permanent scarring: Dog bite scars, especially on visible areas like face and hands, can significantly increase settlement value. Document scarring extensively with photos, obtain plastic surgeon’s evaluation, and emphasize lifetime impact on appearance and self-image.
Statute of limitations for dog bite claims varies by state:
- 2 years: California, Texas, Florida, Illinois, Pennsylvania, and many others
- 3 years: New York, New Jersey, Georgia, Michigan, Ohio
- 4-6 years: Some states allow longer periods
The clock starts on the date of the dog bite. If you miss the deadline, your claim is permanently barred.
Special rules for children: Many states toll (pause) the statute of limitations for minor children until they reach age 18. Check your state’s law for specific rules.
Don’t wait to settle: While the statute of limitations gives you time to file a lawsuit, it’s often better to send a demand letter within 6-12 months after maximum medical improvement. Waiting too long can result in lost evidence, faded memories, and difficulty negotiating with insurers.