How to File a Dog Bite Claim
Most dog bite claims are paid by the dog owner's homeowner's or renter's insurance, not out of the owner's pocket. In many states, including California and Florida, the owner is responsible for a bite even if the dog never bit anyone before. This guide covers what to do after a bite, how strict liability works, the defenses insurers raise, and the steps to get the claim paid.
What happens when you reach out
- You tell us what happenedSend the short form or call. It takes about a minute, and you share only what you are comfortable with.
- A claim specialist reviews itWe look at your deadlines, the insurer or agency involved, and the records your claim will need.
- We call you backUsually the same day, to explain your options. There is no cost and no obligation.
Prefer to talk now? Call (833) 333-0905 or text 954-933-5065.
Tell us about the bite
Where it happened, whose dog it was and your injuries. A claim specialist reviews it and calls you back, usually the same day.
Legal Lawsuit is not a law firm. Contacting us does not create an attorney-client relationship.
On this page
The first day
Get medical care
Clean the wound and see a doctor. Ask about infection and rabies risk, and photograph the injury before and after treatment.
Identify the dog and owner
Get the owner's name, address and phone number, and ask for the dog's vaccination record.
Report the bite
Report it to animal control or the local health department. The report documents the bite and the dog's history.
Collect witnesses and photos
Names of anyone who saw the attack, and photos of the place it happened, including gates, fences or leashes.
Who pays
Dog bite claims are usually paid by the liability coverage in the owner's homeowner's or renter's policy. They are a large category: insurers paid $1.86 billion for dog-related injury claims in 2025, with an average claim cost of $65,450 (Insurance Information Institute).
Other possible sources of payment include a landlord who knew about a dangerous dog on the property, a business where the bite happened, or your own health insurance and medical payments coverage while the claim is pending. If the bite happened while you were working, workers' compensation may also apply.
Strict liability in California and Florida
| State | Rule | Source |
|---|---|---|
| California | The owner is liable for a bite in a public place or while the person is lawfully in a private place, including the owner's property, regardless of the dog's past behavior or the owner's knowledge of it. | Cal. Civ. Code §3342 |
| Florida | The same strict-liability rule applies, but damages are reduced by the bitten person's percentage of fault, and an owner who displayed a prominent "Bad Dog" sign is generally not liable, except to a child under 6 or where the owner's negligence caused the bite. | Fla. Stat. §767.04 |
| Florida deadline | A negligence lawsuit must generally be filed within 2 years. | Fla. Stat. §95.11(5)(a) |
In both states a person is "lawfully" on private property when invited, expressly or impliedly, or there to perform a legal duty, such as a mail carrier. Some other states follow a "one bite" or negligence rule instead, which requires showing the owner knew the dog was dangerous.
Defenses insurers raise
- Provocation or fault: that you teased, hit or startled the dog. In Florida, your share of fault reduces the payment.
- Trespassing: that you were not lawfully on the property.
- A warning sign: in Florida, the "Bad Dog" sign defense, which does not apply to children under 6.
- Policy exclusions: some policies exclude certain breeds or dogs with a bite history. That limits the insurer's payment, not necessarily the owner's responsibility.
- Injury disputes: arguments that scarring or emotional effects are minor. Photos over time and treatment records answer these.
The claim, step by step
Get the insurance details
Ask the owner for their homeowner's or renter's insurer and policy number, or for the owner to report the bite to their insurer.
Open the claim
Report the bite to the insurer, give the facts and the animal control report number, and get a claim number.
Finish treatment and document scarring
Facial and hand injuries and scarring may need follow-up care or a plastic surgery consult; those opinions belong in the claim.
Send a demand
Medical bills, lost income, photos and a description of how the injury affected you. See how to write a demand letter.
Negotiate or file before the deadline
If the insurer will not pay fairly, file before your state's deadline.
Common questions
The dog belongs to a friend or relative. Do I have to sue them?
Usually not. The claim is made against their insurance, and most are settled with the insurer without a lawsuit.
What if my child was bitten?
A parent brings the claim for the child. Settlements for minors may need court approval; see how courts approve a minor's settlement.
Does it matter that the dog never bit anyone before?
Not in strict-liability states like California and Florida. It can matter in states that follow a "one bite" rule.
Does the claim review cost anything?
No. It is free. For other injuries, see our personal injury claim guide.
Related claim guides
More step-by-step guides in this section:
Bitten by a dog?
Call (833) 333-0905 any time, or send the short form. A claim specialist will help you find the right insurance and protect the claim.
Legal Lawsuit is an information and claim-review service, not a law firm, and does not provide legal or medical advice. Contacting us does not create an attorney-client relationship. Dog bite laws vary by state and change over time; confirm what applies to you with a licensed attorney. Legal Lawsuit and TortAdvisor are under common ownership.
