Delaware Dog Bite Law

How dog bite liability works in Delaware

Delaware dropped the one-bite rule in 1998, when the General Assembly enacted 7 Del. C. § 1711. The section has been renumbered twice, to 9 Del. C. § 913 in 2010 and to 16 Del. C. § 3053F in 2016, but its words have not changed². Old guides that cite § 913 or § 1711 describe the same rule.

The statute is short. The owner is liable for any injury, death or loss to person or property the dog causes. There are three exceptions: you were trespassing or committing a crime on the owner's property, you were committing a crime against someone, or you were teasing, tormenting or abusing the dog¹. "Owner" means anyone who owns, keeps, harbors or has custody of the dog, so a dog sitter or a shelter can be liable too. In Riad v. Brandywine Valley SPCA (2024) the Supreme Court held an animal shelter can be an owner and refused to read limits into the text².

Two trial-court rules shape these cases. In Russo v. Zeigler (2013) the Superior Court put the burden on the injured person to prove none of the exceptions applies. The same decision held that Delaware's comparative-negligence statute does not reduce a claim under the dog bite statute³. Your own carelessness therefore matters mainly if you also sue in negligence, or sue someone other than the owner.

Delaware's neighbors split. New Jersey also has a strict-liability statute, but only for bites. Maryland presumes the owner knew the dog was dangerous. Pennsylvania makes the owner pay a victim's medical costs without proof of fault, but other damages need proof of knowledge or negligence. The rule that most often costs Delaware families a claim is the deadline: a child's claim for injuries is not tolled during childhood⁵.

The Delaware dog bite statute

The owner of a dog is liable in damages for any injury, death, or loss to person or property caused by the dog¹. It does not matter where it happened or whether the dog had shown aggression before². The owner is not liable if the injured person was committing or attempting a trespass or other crime on the owner's property, committing or attempting a crime against any person, or teasing, tormenting or abusing the dog¹. Section 3041F defines "owner" as any person who owns, keeps, harbors or is the custodian of a dog, and the Supreme Court applied that definition as written in 2024¹².

• Law: 16 Del. C. § 3053F (Liability of dog owner for damages), enacted 1998; last changed Text unchanged since 1998; renumbered from 7 Del. C. § 1711 to 9 Del. C. § 913 (2010) and to 16 Del. C. § 3053F (effective May 25, 2016)
• Injuries covered: Any injury the dog causes (bites, knock-downs, chases)
• Where: Anywhere
• Who is liable: The owner, or a keeper or harborer
• Damages: All damages, under the ordinary rules

Other ways to prove liability

The statute did not abolish negligence claims. You can sue in negligence alongside the statute, as the plaintiff did in Riad (failure to warn and failure to control a dog with a known history of lunging). The Supreme Court held that a jury needs no expert to judge how a reasonable person handles a dog with known vicious propensities². Negligence is the main route against someone who is not an owner or keeper, such as a landlord⁶. Breaking the state leash law can support that claim: outside its owner's property, or private property where it is allowed, a dog must be on a leash, except working dogs on the job and dogs in off-leash areas¹.

Defenses owners raise

Provocation

No liability under the statute if you were teasing, tormenting or abusing the dog¹. In Russo the Superior Court held that the injured person must prove they were not doing so, not the owner³.

Trespassing

A person committing or attempting a trespass or other crime on the owner's property cannot recover under the statute¹. A trespass elsewhere, for example on a neighbor's lawn, is not covered by this exception¹.

Committing a crime

A person who was committing or attempting a crime against any person when bitten, wherever it happened, cannot use the statute¹.

Veterinarians and dog professionals

In 2006 the Superior Court let a dog owner use primary assumption of the risk against a veterinarian bitten while treating the dog, and Russo treated that "veterinarian's rule" as one of only two defenses outside the statute³. In Riad (2024) the Supreme Court criticized the 2006 decision's reasoning about legislative intent but said assumption of risk was not before it². No Delaware Supreme Court ruling settles the rule as of October 2026.

Police dogs

A 2012 Superior Court decision held the statute does not apply to a state-owned police dog because of sovereign immunity under the State Tort Claims Act. In Riad the Supreme Court rejected part of that decision's reasoning, that the statute covers only pets². A police dog that bites on duty and is vaccinated is exempt from rabies quarantine¹⁰.

Assumption of risk

Ordinary (secondary) assumption of the risk is folded into comparative negligence in Delaware, and Russo refused a jury instruction on it for a claim under the statute³. It remains a factor in a negligence claim³⁴.

Shared fault

Modified comparative fault (barred at 51%) (10 Del. C. § 8132).

In a negligence action your fault does not bar recovery if it was not greater than the defendants' combined negligence. Your damages are reduced by your share, so you recover at 50% and are barred at 51% or more⁴. The Superior Court held in Russo (2013) that § 8132 is limited to negligence actions. Because the dog bite statute makes the owner liable for "any" injury, the court held it leaves no room for a comparative-fault reduction³. Your conduct still matters through the teasing and trespass exceptions¹. The Supreme Court has not ruled on the point as of October 2026.

How the five fault systems compare: provocation, trespass and shared fault.

Delaware dog bite statute of limitations

2 years (10 Del. C. § 8119)

A personal-injury suit must be filed within two years from the date the injuries were sustained, normally the day of the bite⁴. A claim for a pet or other personal property the dog injured also has two years, as does a wrongful-death claim (§ 8107)⁴. A claim against the City of Wilmington for negligence requires written notice to the Mayor within one year, stating the time, place, cause and character of the injuries (§ 8124)⁴.

Children. Delaware's savings rule for minors, § 8116, applies only to actions under §§ 8101–8115, and the personal-injury section is § 8119⁴. In Tilden v. Anstreicher (1976) the Supreme Court held § 8119 has no savings provision, so a minor's claim was barred after two years⁵. A parent or guardian should treat the second anniversary of the bite as the deadline.

Work out your own date with the dog bite claim checker, or compare deadlines in every state.

Damages

The statute makes the owner liable for "any injury, death, or loss to person or property"¹. That covers medical bills, future treatment such as scar revision, lost wages, pain and suffering, and disfigurement. It also covers property losses, including your own pet if the dog attacked it (see dog attacked my dog)¹. The dog bite statute sets no cap. Punitive damages need outrageous conduct from evil motive or reckless indifference to others' rights; mere negligence is not enough⁷.

Landlords and property owners

A landlord who does not own, keep or have custody of the dog is not liable under the statute. In Billings v. Abbey Walk Apartments (2023) the Superior Court said a strict-liability claim against the landlord would be "impermissible"⁶. A negligence claim can go forward. The tenant's unleashed dog attacked the plaintiff near the complex, the landlord allegedly knew of the dog's past aggression, and the dog broke a lease ban on large dogs. The court refused to dismiss the claim even though the attack may have happened just off the landlord's property⁶. See landlord liability for dog bites.

Insurance

No Delaware statute we found limits homeowners or renters insurers' use of dog breed as of October 2026. The 2017 breed-neutral law binds courts and towns, not insurers¹⁵. The owner of a dog declared dangerous must carry liability insurance of at least $100,000 covering injury the dog causes⁸.

More on coverage, breed exclusions and renters policies: dog bite insurance.

Why a child's claim can expire at the same time as an adult's

Most states pause the deadline for an injured child until age 18. Delaware's savings statute, 10 Del. C. § 8116, does too, but only for actions "comprehended within §§ 8101-8115"⁴. The personal-injury limitation, § 8119, sits outside that range⁴. In Tilden v. Anstreicher, 367 A.2d 632 (Del. 1976), the Supreme Court read the code literally. It held that § 8119 "is not subject to any savings provisions" and that a minor's suit filed more than two years after the injury was barred⁵. The court quoted a 1907 decision: exceptions for any class of persons depend "wholly on the will of the Legislature." The General Assembly has not added one for § 8119 as of October 2026⁴⁵.

In practice, a claim for a child bitten on May 1, 2026 runs out on May 1, 2028, the same as an adult's⁴. Many national summaries say Delaware children have until age 21. That figure comes from § 8116 and does not match the case law on personal injuries⁵. See child dog bites and dog bite statutes of limitations.

Bite reports and quarantine

Under 3 Del. C. § 8203, any medical practitioner, hospital, veterinarian or other person who knows of a person exposed or suspected of being exposed to rabies must report it to the Division of Public Health within 12 hours by phone, email, fax or in person¹⁰. DPH says all bites that break the skin should be reported, whatever the dog's vaccination status, and that medical providers must report¹¹. Delaware Animal Services lists DPH's 24/7 line, 888-295-5156, for bites to people, and the Department of Agriculture for bites to animals¹².

The owner of a dog that bit a person must keep it in strict quarantine for at least 10 days from the bite¹⁰. With proof of current rabies vaccination the dog can stay at the owner's home. Without proof it must go to a veterinarian, kennel or approved facility at the owner's expense. It stays there past 10 days until a veterinarian vaccinates it, and it may not be vaccinated during the first 10 days¹⁰. The owner must report within 12 hours if the dog sickens, escapes or dies, and may not move, give away or euthanize it without written permission¹⁰. A dog healthy after 10 days could not have passed on rabies at the bite¹¹. See dog bite quarantine.

Dangerous-dog hearings, euthanasia orders and criminal penalties are covered on Delaware dangerous dog law.

Questions about Delaware dog bite law

Is Delaware a one-bite state?

No. Since 1998 Delaware has made the owner or keeper liable for any injury the dog causes, whether or not it had bitten before¹². Owners still have three defenses, covering trespass or crime on the owner's property, crime against a person, and teasing or abusing the dog¹. See the one-bite rule.

Can I sue if a friend's dog bit me while they were dog-sitting?

Yes, possibly against both. The statute's "owner" includes anyone who keeps, harbors or has custody of the dog¹. In Riad (2024) the Supreme Court said a shelter holding a dog could be liable as its custodian, and that who had custody at the moment of the bite is a question of fact².

Does it matter that I reached over the fence or petted the dog?

Under the statute it matters mainly if it amounted to teasing, tormenting or abusing the dog, or a trespass on the owner's property¹. In Russo (2013) the Superior Court held that comparative negligence does not reduce a statutory claim. It also held that you must prove none of the exceptions applies³. In a negligence claim, your share of fault reduces your award and bars it at 51%⁴.

My dog bit someone in Delaware. Will it be put down?

Not automatically. A first bite usually means a 10-day quarantine, at home if you can prove the dog is vaccinated¹⁰. If an officer has reasonable cause to think the dog is dangerous, it is seized and the Justice of the Peace Court decides its status. Euthanasia can be ordered only for a dog found dangerous, and you have 15 days to appeal⁸. See my dog bit someone.

Does Delaware ban pit bulls anywhere?

No. Since 2017, towns may not pass laws or restrictions based on a dog's breed or perceived breed, and courts may not declare a dog dangerous because of breed alone¹⁵¹⁶. Private landlords and insurers are not covered by those rules¹⁵. See breed-specific legislation.

Official contacts

Sources

1. 16 Del. C. ch. 30F, subch. IV (§§ 3041F–3059F), General Provisions Concerning Dogs, Delaware General Assembly, Delaware Code Online. Checked 17 October 2026.
2. Riad v. Brandywine Valley SPCA, Inc., No. 249, 2023 (Del. June 10, 2024), Supreme Court of Delaware. Checked 17 October 2026.
3. Russo v. Zeigler, 67 A.3d 536 (Del. Super. Ct. 2013), Superior Court of Delaware (via CourtListener). Checked 17 October 2026.
4. 10 Del. C. ch. 81, Personal Actions (§§ 8107, 8116, 8119, 8124, 8132), Delaware General Assembly, Delaware Code Online. Checked 17 October 2026.
5. Tilden v. Anstreicher, 367 A.2d 632 (Del. 1976), Supreme Court of Delaware (via CourtListener). Checked 17 October 2026.
6. Billings v. Abbey Walk Apartments, LLC, C.A. No. N23C-04-129 DJB (Del. Super. Ct. Oct. 30, 2023), Superior Court of Delaware (via CourtListener). Checked 17 October 2026.
7. Jardel Co. v. Hughes, 523 A.2d 518 (Del. 1987), Supreme Court of Delaware (via CourtListener). Checked 17 October 2026.
8. 16 Del. C. ch. 30F, subch. V (§§ 3071F–3081F), Dangerous and Potentially Dangerous Dogs, Delaware General Assembly, Delaware Code Online. Checked 17 October 2026.
9. 84 Del. Laws c. 390 (Senate Substitute 1 for SB 269), approved Aug. 29, 2024, Delaware General Assembly. Checked 17 October 2026.
10. 3 Del. C. ch. 82, subch. I, Rabies Control (§§ 8202, 8203, 8207, 8208), Delaware General Assembly, Delaware Code Online. Checked 17 October 2026.
11. Rabies, Delaware Division of Public Health. Checked 17 October 2026.
12. Rabies Exposure, Delaware Animal Services, Office of Animal Welfare. Checked 17 October 2026.
13. 11 Del. C. § 1327, Maintaining a dangerous animal, Delaware General Assembly, Delaware Code Online. Checked 17 October 2026.
14. 11 Del. C. §§ 4205–4206, Sentences for felonies and misdemeanors, Delaware General Assembly, Delaware Code Online. Checked 17 October 2026.
15. 81 Del. Laws c. 31 (House Bill 13), approved June 2, 2017, Delaware General Assembly. Checked 17 October 2026.
16. 22 Del. C. § 116, Dogs, Delaware General Assembly, Delaware Code Online. Checked 17 October 2026.