№ MIAMFL
CM
Attorney
Carlos Mendez
Mendez Injury Advocates
Personal InjuryProduct Liability
- City
- Miami
Personal Injury · Sub-Practice
Dog Bite Claims
Dog owners are responsible for their pets. When a bite causes serious harm, compensation is available.
§ Overview
What your case actually involves.
Dog bite injuries affect nearly 4.5 million Americans annually, and over 800,000 require medical attention. Children are disproportionately affected — and their injuries are often the most severe.
Most states impose strict liability on dog owners for bites — meaning the owner is responsible regardless of whether the dog had any prior history of aggression. Other states follow the "one bite rule," which requires proof the owner knew the dog was dangerous. Regardless of which standard applies, an experienced attorney can build a strong case using the dog's history, the owner's negligence in controlling the animal, and the circumstances of the attack. Dog bite injuries can be physically and psychologically devastating, particularly for children — and the damages available reflect that.
§ What you can recover — types of damages
- ▸Emergency medical care — wound treatment, surgery, reconstructive surgery
- ▸Infection treatment — dog bites carry serious infection risks including sepsis
- ▸Rabies prophylaxis treatment if the dog's vaccination status is unknown
- ▸Psychological counseling and treatment for PTSD, especially in child victims
- ▸Scarring and disfigurement — significant in facial attacks
- ▸Pain and suffering, and for children, loss of normal childhood enjoyment
§ How attorneys build your case
- ›Documenting the dog's prior history of aggression or prior attacks
- ›Investigating the owner's knowledge of the dog's dangerous tendencies
- ›Photographing wounds immediately and at multiple stages of healing
- ›Obtaining veterinary and animal control records for the dog
- ›Assessing the owner's homeowner's or renter's insurance coverage (the primary source of recovery)
- ›Engaging plastic surgery and psychological experts to document long-term damage
“The most overlooked element of a dog bite claim is psychological harm, particularly when the victim is a child. The physical wounds often heal; the fear of dogs, nightmares, avoidance behavior, and PTSD can last years or decades. These psychological injuries are real, documented, and compensable — but only if they are properly evaluated, diagnosed, and presented. An attorney who handles dog bite cases will know which mental health experts to retain and how to present this evidence to maximize the full scope of your recovery.”
§ What to look for in an attorney
- 01Experience with dog bite cases and knowledge of your state's liability standard
- 02Understanding of homeowner's insurance coverage — the primary recovery source
- 03Sensitivity when representing children — particularly in facial injury cases
- 04Plastic surgery and reconstructive surgeon expert relationships for disfigurement claims
- 05Psychological expert experience for PTSD claims, especially in child victims
- 06Track record of obtaining fair compensation for scarring and disfigurement
⚖️
§ Ask these at your consultation
6 questions that matter
- ❓Does my state follow strict liability or the one-bite rule?
- 💰How does the dog owner's homeowner's insurance typically cover these claims?
- 🔍My child was bitten — are there special considerations for minor victims?
- 📋The bite left scarring on my face — how is disfigurement valued in your experience?
- 💬What if the attack happened on the owner's property while I was visiting?
- 💡How do I document psychological trauma from the attack?
§ Frequently asked questions
Common questions about dog bite claims.
Q 01
What if the bite happened at a dog park or off the owner's property?
Location matters less than the identity of the responsible owner. Strict liability follows the owner regardless of where the bite occurs. If the bite happened in a public space, there may be additional bystanders and witnesses, which can help your case. At a dog park, the owner's agreement to any posted rules may also be relevant to the liability analysis.
Q 02
The owner says I provoked their dog — does that matter?
Provocation is a defense in most states, but the legal standard is strict — it requires intentional, unreasonable conduct that would provoke a reasonable dog. Accidentally startling a dog, approaching a dog while it is eating, or reaching out to pet a dog are generally not considered legal provocation. Children especially are given significant leeway given their inability to appreciate how their behavior might affect an animal.
Q 03
The dog owner has no assets — can I still recover?
The primary recovery source in dog bite cases is the owner's homeowner's or renter's insurance policy, not the owner's personal assets. Standard homeowner's policies typically cover dog bite claims up to their liability limits. If the owner rents, renter's insurance often provides the same coverage. Your attorney will identify and pursue all available insurance before looking at personal assets.
Q 04
My child was bitten — does the statute of limitations apply the same way?
No — statutes of limitations for minors are typically tolled (paused) until the child reaches the age of majority (18 in most states). This gives children the right to bring their own claim after they turn 18, in addition to any claim their parents bring on their behalf. Parents can and should still act quickly to preserve evidence and build the case, even if the formal deadline is years away.
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