State Dog Bite Law

Dog bite law in all 50 states and D.C., cited to the statute and dated

Every state checked against its statutes, October 2026

Dog Bite Settlement Amounts: What a Dog Bite Case Is Worth

Bite claims7 min readBy Editorial team

No public database of dog bite settlements exists. Here is what insurer data shows (average claim $65,450 in 2025), what drives value, and what comes off the top.

Homeowners insurance claim paperwork on a desk, the kind of file that decides most dog bite settlement amounts

There is no public database of dog bite settlement amounts, so nobody can honestly tell you the “average settlement.” The only national figure comes from homeowners insurers: in 2025 the average dog-related liability claim cost $65,450, across 28,450 claims, according to the Insurance Information Institute (Triple-I) and State Farm 1. What a particular case is worth depends on the injury, the state’s liability rule, shared fault and, above all, the insurance available.

Why there is no “average dog bite settlement”

Most dog bite claims end in a private settlement with the owner’s insurer, and settlements are not filed with any court or agency. Jury verdicts are public one by one, but no government body collects them, and the few cases that reach trial are the most serious and the most disputed. Figures quoted on law-firm sites are usually their own best results, which is why this site does not use them.

The Triple-I numbers are different: they are aggregate insurer payouts, published every year with the method stated. They have limits worth knowing. They cover only claims paid under homeowners and renters policies, they include injuries other than bites, such as fractures from being knocked down, and they say nothing about cases with no insurance or about what the injured person kept after fees and liens 1.

What insurer data shows, 2016–2025

The average cost of a dog-related homeowners claim nearly doubled in ten years, from $33,230 in 2016 to $65,450 in 2025, a rise of 97.0 percent 1. Triple-I attributes it to higher medical costs and to “the size of settlements, judgments and jury awards given to plaintiffs, which are trending upwards” 1. The table shows the number of claims, their total value and the average for each year.

Dog-related homeowners insurance liability claims in the US, 2016–2025. Source: Insurance Information Institute (Triple-I) and State Farm
YearClaimsAverage cost per claimTotal paid
202528,450$65,450$1,862.1 million
202422,658$69,272$1,569.6 million
202319,062$58,545$1,116.0 million
202217,597$64,555$1,136.0 million
202117,989$49,025$881.9 million
202017,597$50,245$853.7 million
201917,802$44,760$796.8 million
201817,297$39,017$674.9 million
201718,522$37,051$686.3 million
201618,123$33,230$602.2 million

The 2025 average fell 5.5 percent from the 2024 peak of $69,272 while the number of claims jumped 25.6 percent, so total payouts still rose to about $1.86 billion 1. An average is pulled up by a small number of very large claims; the typical claim is likely lower, but Triple-I does not publish a median.

Averages also vary widely by state. The next table lists the 10 states with the most claims in 2025, with the average cost and total value in each.

Top 10 states for dog-related homeowners claims, 2025. Source: Insurance Information Institute (Triple-I) and State Farm
StateClaimsAverage costTotal paidLiability rule
California2,830$81,789$231.5 millionStrict liability
Florida2,347$62,375$146 millionStrict liability
Michigan1,432$68,018$97 millionStrict liability
Ohio1,348$41,413$56 millionStrict liability
Pennsylvania1,324$68,786$91 millionPartial
Texas1,313$70,885$93 millionOne-bite rule
New York1,308$92,154$121 millionPartial
Illinois1,283$79,596$102 millionStrict liability
Indiana824$53,396$44 millionPartial
New Jersey818$77,447$63 millionStrict liability

California had the most claims, 2,830, with an average of $81,789 1. New York had the highest average of any state at $92,154, followed by Connecticut at $87,751, while Ohio’s average in the top 10 was $41,413 1. Medical prices, local jury attitudes and the liability rule all play a part, and the data does not separate them.

What a dog bite claim can include

A settlement is a payment for damages the injured person could recover in court, discounted for the risk of losing. The categories are much the same in every state:

  1. Medical expenses. Emergency care, wound repair, rabies post-exposure shots, follow-up visits, scar revision and plastic surgery, and counseling, including treatment a doctor expects in the future.
  2. Lost income. Wages lost while recovering and any lasting loss of earning capacity.
  3. Non-economic damages. Pain, suffering, emotional distress and disfigurement. California’s Civil Code lists non-economic damages as including pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, and humiliation 7.
  4. Property damage. Torn clothing, broken glasses or a phone, and in many states vet bills when the dog also injured your pet (see dog attacked my dog).
  5. Punitive damages, rarely. They require proof of something like malice or gross negligence, and states cap or restrict them. Texas, for example, requires clear and convincing evidence and a unanimous jury and caps the award 10.

Some states shape these categories by statute. California’s dog bite statute makes the owner liable for “the damages suffered,” with no cap or multiplier 6. Texas sets no cap on compensatory damages in an ordinary dog bite suit, but it limits recoverable medical expenses to the amounts actually paid or incurred, which can be far less than the billed amount 10.

The factors that move the number

Five things usually decide where a claim lands within the range of possible damages.

The injury. Facial wounds, scarring in a child, nerve damage, infection and surgeries drive value more than anything else. Medical records and photographs taken over the weeks of healing are the main evidence; what to do after a dog bite lists what to keep.

The liability rule. In a strict-liability state, the owner is liable without proof that they knew the dog was dangerous, which removes the insurer’s main argument. In California, Civil Code § 3342 makes the owner liable for a bite in a public place or while lawfully on private property, “regardless of the former viciousness of the dog” 6. In a one-bite state such as Texas, the injured person must prove the owner knew or should have known of the dog’s dangerous propensities, or was negligent, under Marshall v. Ranne 12. That extra burden lowers settlement offers when the dog has no history. The dog bite laws by state guide sorts all jurisdictions: 22 have a strict-liability statute, 16 have a partial one and 13 follow the one-bite rule.

Shared fault. If the injured person provoked the dog, ignored a warning or entered without permission, damages can be reduced or barred. California uses pure comparative fault, which cuts the award by the person’s share of fault but never bars it 8. Texas reduces the award and bars recovery when the person’s share is greater than 50 percent 9. Nationally, 10 jurisdictions use pure comparative fault, 10 bar recovery at 50 percent, 24 at 51 percent and 5 keep contributory negligence, which can bar recovery for any fault. The full list:

Shared-fault rules that apply to dog bite claims (state files reviewed October 2026)
StateRuleStatute or case
AlabamaContributory negligence (any fault can bar recovery)Williams v. Delta Int'l Machinery Corp., 619 So. 2d 1330 (Ala. 1993)
AlaskaPure comparative faultAS 09.17.060; AS 09.17.080
ArizonaPure comparative faultA.R.S. § 12-2505
ArkansasModified comparative fault (barred at 50%)Ark. Code Ann. § 16-64-122
CaliforniaPure comparative faultLi v. Yellow Cab Co., 13 Cal. 3d 804 (1975); Cal. Civ. Code § 1431.2
ColoradoModified comparative fault (barred at 50%)C.R.S. § 13-21-111
ConnecticutModified comparative fault (barred at 51%)Conn. Gen. Stat. § 52-572h
DelawareModified comparative fault (barred at 51%)10 Del. C. § 8132
District of ColumbiaContributory negligence (any fault can bar recovery)*Wingfield v. Peoples Drug Store, Inc.*, 379 A.2d 685 (D.C. 1977)
FloridaModified comparative fault (barred at 51%)Fla. Stat. § 768.81(6); § 767.04
GeorgiaModified comparative fault (barred at 50%)O.C.G.A. § 51-12-33
HawaiiModified comparative fault (barred at 51%)Haw. Rev. Stat. § 663-31
IdahoModified comparative fault (barred at 50%)Idaho Code § 6-801
IllinoisModified comparative fault (barred at 51%)735 ILCS 5/2-1116
IndianaModified comparative fault (barred at 51%)IC 34-51-2-5, -6
IowaModified comparative fault (barred at 51%)Iowa Code § 668.3
KansasModified comparative fault (barred at 50%)K.S.A. 60-258a
KentuckyPure comparative faultKy. Rev. Stat. § 411.182
LouisianaModified comparative fault (barred at 51%)La. Civ. Code art. 2323
MaineModified comparative fault (barred at 50%)14 M.R.S. § 156; 7 M.R.S. § 3961(2)
MarylandContributory negligence (any fault can bar recovery)Common law; *Coleman v. Soccer Ass'n of Columbia*, 432 Md. 679, 69 A.3d 1149 (2013)
MassachusettsModified comparative fault (barred at 51%)Mass. Gen. Laws ch. 231, § 85
MichiganOther ruleMCL 600.2958, 600.2959
MinnesotaModified comparative fault (barred at 51%)Minn. Stat. § 604.01
MississippiPure comparative faultMiss. Code Ann. § 11-7-15
MissouriPure comparative faultRSMo § 273.036.1; Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983)
MontanaModified comparative fault (barred at 51%)Mont. Code Ann. § 27-1-702
NebraskaModified comparative fault (barred at 50%)Neb. Rev. Stat. § 25-21,185.09
NevadaModified comparative fault (barred at 51%)NRS 41.141
New HampshireModified comparative fault (barred at 51%)N.H. Rev. Stat. Ann. § 507:7-d
New JerseyModified comparative fault (barred at 51%)N.J.S.A. 2A:15-5.1 to -5.8
New MexicoPure comparative faultScott v. Rizzo, 1981-NMSC-021, 96 N.M. 682, 634 P.2d 1234
New YorkPure comparative faultN.Y. CPLR 1411
North CarolinaContributory negligence (any fault can bar recovery)N.C. Gen. Stat. § 1-139 (burden of proof); common law
North DakotaModified comparative fault (barred at 50%)N.D.C.C. § 32-03.2-02
OhioModified comparative fault (barred at 51%)Ohio Rev. Code § 2315.33
OklahomaModified comparative fault (barred at 51%)23 O.S. §§ 13–14
OregonModified comparative fault (barred at 51%)ORS 31.600
PennsylvaniaModified comparative fault (barred at 51%)42 Pa.C.S. § 7102
Rhode IslandPure comparative faultR.I. Gen. Laws § 9-20-4
South CarolinaModified comparative fault (barred at 51%)Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)
South DakotaOther ruleSDCL 20-9-2
TennesseeModified comparative fault (barred at 50%)McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992)
TexasModified comparative fault (barred at 51%)Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012
UtahModified comparative fault (barred at 50%)Utah Code §§ 78B-5-817 to -819
VermontModified comparative fault (barred at 51%)12 V.S.A. § 1036
VirginiaContributory negligence (any fault can bar recovery)Common law; Williams v. Harrison, 255 Va. 272 (1998)
WashingtonPure comparative faultRCW 4.22.005
West VirginiaModified comparative fault (barred at 51%)W. Va. Code § 55-7-13c(c)
WisconsinModified comparative fault (barred at 51%)Wis. Stat. § 895.045(1)
WyomingModified comparative fault (barred at 51%)W.S. 1-1-109

Age of the victim. A scar on a young child is carried for decades, which tends to raise non-economic damages. A child’s claim also needs a court’s sign-off: in California, a guardian or guardian ad litem may compromise a minor’s claim only “with the approval of the court” 4. More on this in the guide to a child’s dog bite.

Insurance limits. In practice the policy limit is often the ceiling. Triple-I reports that homeowners and renters policies typically carry liability limits of $100,000 to $300,000, and that the owner is personally responsible for damages above the limit 1. Collecting more from a person’s own assets is slow and uncertain, so serious injuries often settle at or near the limit.

How insurers handle dog bite claims

The owner’s homeowners or renters policy usually pays for the injuries and the owner’s legal defense, up to the liability limit 1. The insurer, not the owner, decides whether to settle, and the adjuster will ask for medical records, bills, photographs and a statement. See dog bite insurance for exclusions, breed lists and umbrella policies.

  1. Report and claim. The bite report to animal control and the owner’s insurance details are the starting point. The owner usually notifies the insurer; the injured person can open a claim directly with it.
  2. Treatment first. Many claims are valued only after treatment ends or the doctor can predict future care, since a release signed early cannot be reopened.
  3. Demand. The injured person or a lawyer sends the records, bills and a demand amount.
  4. Negotiation. The insurer weighs the liability rule, any fault argument and what a jury in that county might award.
  5. Release. A settlement is paid in exchange for a release of all claims against the owner and insurer.

After a paid claim, Triple-I notes, the insurer may raise the owner’s premium, decline to renew the policy or exclude the dog from coverage 1. Some states require insurance only for dogs already declared dangerous: Texas, for example, requires the owner of a dangerous dog to carry at least $100,000 of liability coverage or show equal financial responsibility 11.

Deadlines can end a claim before it is valued

Every state limits the time to sue, and an insurer has little reason to settle once it has passed. California and Texas both allow two years from the bite for a personal-injury suit 13 14. Across the country, 23 jurisdictions use a two-year period and 19 use three years; claims against a city or county often require a written notice within months. The dog bite statute of limitations guide has every state’s deadline and the rules for children.

What comes off the top

The settlement figure is not what the injured person keeps. Three deductions are common.

Legal fees. Personal-injury lawyers usually work on a contingency fee, a percentage of the recovery paid only if there is one, plus case costs. Fee percentages are set by contract, not by statute in most states; Texas requires every contingent fee contract to be in writing and signed by the lawyer and the client 5.

Medical liens. Health plans that paid the bills often have a right to be repaid. For Medicare, the right is federal: liability insurance counts as a primary plan, and an entity that receives a settlement must reimburse Medicare for payments it made, and the United States can sue to recover them 3.

Taxes, usually none. Federal law excludes from income damages received by suit or settlement “on account of personal physical injuries or physical sickness,” other than punitive damages 2.

How to estimate your own claim

No calculator can price a claim, but you can see which rules apply. The dog bite claim checker asks where the bite happened and gives your state’s liability rule, deadline and fault system, and the state pages list the statutes and cases behind each one. Then compare your medical bills, lost wages and recovery time with the policy limit: those numbers, more than any national average, set the range for a settlement.

Questions

Is a dog bite settlement taxable?

Under federal law, damages received by suit or settlement on account of personal physical injuries are excluded from gross income; punitive damages are not, and emotional distress alone is not treated as a physical injury beyond the medical costs it caused2. State tax rules and interest on a judgment can differ, so a tax professional can check a specific settlement.

Can I settle a dog bite claim without a lawyer?

Yes. Nothing requires a lawyer to make a claim against a homeowners insurer, and many small claims settle directly. If a lawyer is hired on a contingency fee, Texas, for example, requires the fee contract to be in writing and signed by both the lawyer and the client5.

What if the dog owner has no insurance?

The owner is still personally liable for the damages a court awards, but collecting depends on the owner's assets. Triple-I notes that even an insured owner is personally responsible for anything above the policy's liability limit1. Some states require insurance only after a dog is declared dangerous, such as the $100,000 minimum in Texas11.

Does Medicare or my health insurer get paid back from a dog bite settlement?

Medicare does. Federal law treats liability insurance as a primary plan, and an entity that receives payment from it must reimburse Medicare for bills Medicare paid once responsibility is shown by judgment or settlement3. Private health plans and Medicaid may have their own reimbursement rights under the plan terms or state law.

Sources

  1. Spotlight on: Dog bite liability, Insurance Information Institute (Triple-I). Checked 17 October 2026.
  2. 26 U.S. Code § 104, Compensation for injuries or sickness, Legal Information Institute, Cornell Law School. Checked 17 October 2026.
  3. 42 U.S. Code § 1395y(b), Medicare as secondary payer, Legal Information Institute, Cornell Law School. Checked 17 October 2026.
  4. California Code of Civil Procedure § 372, California Legislative Information. Checked 17 October 2026.
  5. Texas Government Code ch. 82 (§ 82.065, contingent fee contracts), Texas Legislature. Checked 17 October 2026.
  6. California Civil Code § 3342, California Legislative Information. Checked 17 October 2026.
  7. California Civil Code § 1431.2 (Proposition 51), California Legislative Information. Checked 17 October 2026.
  8. Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975), CourtListener (Supreme Court of California opinion). Checked 17 October 2026.
  9. Texas Civil Practice and Remedies Code ch. 33 (proportionate responsibility), Texas Legislature. Checked 17 October 2026.
  10. Texas Civil Practice and Remedies Code ch. 41 (damages), Texas Legislature. Checked 17 October 2026.
  11. Texas Health and Safety Code ch. 822 (regulation of animals; dangerous dogs), Texas Legislature. Checked 17 October 2026.
  12. Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974), CourtListener (Supreme Court of Texas opinion). Checked 17 October 2026.
  13. California Code of Civil Procedure § 335.1, California Legislative Information. Checked 17 October 2026.
  14. Texas Civil Practice and Remedies Code ch. 16 (§§ 16.001, 16.003), Texas Legislature. Checked 17 October 2026.

Written by the Editorial team

State Dog Bite Law is researched and written by a small editorial team that reads each state's statutes, regulations and appellate decisions and cites them line by line. We are not a law firm, we do not sell leads, and no lawyer or insurer pays to be mentioned. About the team

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