Dogs and dog bites have long been a concern among insurance personnel. Underwriting has to determine whether or not to write a policy when a dog is in the house, and claims adjusters have to settle claims when a bite has occurred. Each state has statutes dealing with the issues of liability laws, definition of dangerous dog, and leash laws. As there is a volume of information, charts are provided for each section. Other topics can be found at Dog Bite Statutes Part II—Definition of “Dangerous” and Dog Bite Statutes Part III—Leash Laws]. The statutes are listed with each section.
| State | Applicable Statute(s) | Liability Laws |
| Alabama | Ala. Code § 3-1-3; 3-6-1; 11-47-110 | Owner is liable for injuries when victim has a legal right to be on location and dog without provocation bites/injures said victim. If owner keeps dangerous animal and allows it to run free or animal escapes and injures another person without fault on his part owner is liable. No breed restrictions. |
| Alaska | AS § 03.55.010 – .070; 11 AAC 12.130 | Liability of owner not discussed; if a dog worries livestock or other animals others are permitted to kill dog. If owner can be identified owner has chance to restrain dog before it is lawful to kill the dog. No breed restrictions. Unincorporated villages can establish own dog control ordinances. |
| Arizona | A.R.S. §§ 11- 1001, 11-1012, 11-1025,11-1026, 11-1027 | Owner liable when victim is in or on public place or lawfully in or on private place, including property of dog owner. Police or military dogs are exceptions in certain instances. Proof of provocation is defense. No breed restrictions. |
| Arkansas | A.C.A.§ 20-19-102; 20-19-310; 20-19-408 | Owner is liable if dog harms domesticated animal (sheep, goats, cattle, swine). Wolf-dog hybrids restricted; must have rabies shot, be properly fed, proof of health. |
| California | Cal. Civ. Code § 3342 Ann. Ca. Health & Safety Code 122331 Ann. Cal. Food & Agric. Code 31602, 30954 | Owner liable when victim is in public place or lawfully in private place, including property of owner of dog. Police or military dogs are exceptions in certain instances. State disallows breed restrictions and only allows breed-specific ordinances regarding spay/neuter programs and breeding requirements. No breed shall be declared potentially dangerous. |
| Colorado | C.R.S.A. § 13-21-124; 18-9-204.5; 25-4-610 | Owner liable while victim lawfully on public or private property. |
| Connecticut | C.G.S.A. § 22-357; 22-364 | Owner liable if dog damages property or injures person unless person was committing a trespass or other tort or was teasing, tormenting, or abusing dog. Children under seven years of age are assumed to not have been trespassing or harassing dog unless proven otherwise. Household members of law enforcement assigned dogs presumed not liable unless proven to be keeper of the dog. |
| Delaware | 16 Del.C. § 3048F, 3051F, 3053F, 3076F, 3077F. formerly cited as 9 Del. C. 908, 911, 913, 925, 926 | Owner liable if dog damages property or injures/kills person unless person was committing a trespass or other criminal offense against the property of the owner or any person or was teasing, tormenting, or abusing dog. Any person can injure or kill a dog to protect livestock, poultry, or another human if the dog is attacking. Police officer or animal control can kill a dog if deemed an immediate threat to public health. No breed restrictions—restrictions apply to dangerous/potentially dangerous dogs as defined. Dangerous dog must be spayed/neutered, minimum liability coverage of $100,000 for injuries by dog; confined by owner and when outside enclosure must be muzzled and chained. Premises marked with sign that dangerous dog is on premises. Owner must notify animal control if the dog is loose, has attacked a human or domestic animal, has moved to a new address, or dies. |
| District of Columbia | DC ST § 1-303.41; 8-1901; 8-1902; 8-1906; 22-1311 | Owner of dangerous dog that causes serious injury or kills a human or domestic animal without provocation will be fined up to $10,000. No breed restrictions. Dangerous dogs can be registered once certain conditions are met, such as shots, enclosure, and liability policy. |
| Florida | FL ST § 767.04; 767.14 | Owner liable when victim in public place or lawfully on or in private place, including property of owner of dog. Negligence on part of victim reduces liability of owner by percentage that the victim's negligence contributed to the injury. Owner is not liable to anyone over six unless owner is some way negligent if at the time of injury the owner has a sign on premises that is easily readable and includes the words “bad dog.” No breed restrictions. Local government can put further restrictions on dangerous dogs, but the regulation cannot be breed-specific. |
| Georgia | Ga. Code Ann., § 4-8-25 thru 4-8-30; 51-2-7 | Owner solely liable for injury/death to a person by a dangerous or potentially dangerous dog. Dog must be registered, owner must confine dog, premises must be posted with warning sign, and owner will have at least $50,000 of liability insurance for injury inflicted by dog; extra registration fee may be charged. Dog must be muzzled if outside proper enclosure. Local governments can establish ordinances that are more restrictive than annotated codes but cannot be less restrictive. |
| Hawaii | HRS § 142-75; 143-14; 663-9; 663-9.1 | Any dog who has bitten a human on two separate occasions; person liable can be owner or harborer of dog. No liability if victim was on location unlawfully or teased, tormented, or abused the dog. Owner strictly liable only if animal is known by its species or nature to be dangerous, wild, or vicious if the animal proximately caused injury or property damage. Each county can enact ordinances regulating people who own, harbor, or keep any dog that has bitten/injured/maimed a person. |
| Idaho | I.C. § 18-5812B; 25-2801; 25-2805 | Dogs must be licensed, and dogs at large must have collar and tags. Vicious dogs must be in secure enclosure, and if outside of enclosure must be restrained by a chain sufficient to control the dog. Dog owner is liable to the owner of any livestock or poultry for dog killing, worrying, or wounding livestock/poultry. No breed restrictions. |
| Illinois | 510 ILCS5/2.05a; 5/2.17c; 5/2.19b; 5/14; 5/16 | Owner liable if victim is any place where victim may lawfully be if dog attacks unprovoked. |
| Indiana | IC 15-20-1-3 | Owner liable to any person peaceably conducting himself in any place where he may be required for discharging duty imposed upon him by laws of state or by laws or postal regulations of U.S. Owner liable for all damages to person even if owner had no knowledge of prior vicious behavior by the dog. No breed restrictions. City and county can prohibit dogs from running at large and apply restrictions for the control of rabies or other purposes. |
| Iowa | I.C.A. § 351.28; 351.40;351.41 | Owner liable when dog worries, maims, or kills a domestic animal or attacks or attempts to bite a person except when person is doing unlawful act directly contributing to the injury. |
| Kansas | KS ST § 47-645; 47-646; 21-6418 | Owners of dogs are liable if the dog kills, wounds, or worries any domestic animal. It is lawful for a person to kill any dog found injuring or attempting to injure livestock. Permitting a dangerous animal to be at large is a class B nonperson misdemeanor. |
| Kentucky | KRS § 258.095; 258.235; 258.255; 258.265; 258.990 | Owner liable for any damage to person, livestock, or other property caused by dog. Unlawful to let vicious dog run at large. Owner liable to pay for any injuries inflicted by dog that bites a human. No breed restrictions. Vicious dog returned to owner must be confined in a locked enclosure at least seven feet high or in a locked kennel run with a secure top. Dog may leave enclosure only to visit the vet or be turned in to an animal shelter. Dog is to be muzzled if it leaves the enclosure. |
| Louisiana | LSA-C.C. Art. 2321; LSA-R.S. 3:2731; 3:2652; 3:2771 | Owner, harborer, or possessor of any dog that kills, harasses, or wounds livestock is liable to the owner of livestock for damages sustained. Owner strictly liable for damages or injuries to person/property caused by the dog, which the owner could have prevented and which did not result from the person's provocation of the dog. Parishes and municipalities may enact ordinances for regulating dogs running at large. |
| Maine | 7 M.R.S.A. § 3901; 3907; 3948; 3952; 3961 | Dangerous dog owner who fails to comply with court order and dog wounds any person or wounds/kills any domestic animal, the dog owner shall pay treble damages. Owner of any dog is liable to person/property that dog injures/damages. Amount may be reduced if bitten person was more at fault than the dog. No breed-specific restrictions. Owning or keeping a dangerous dog is a civil violation. Dog must be kept in secure enclosure, which is a fence or structure at least six feet high and must be locked, with secure top, bottom, and sides to prevent dog from escaping. Owner must provide photos of the dog to animal control, and the dog must be tattooed or microchipped for identification. Dog allowed out to go to vet or comply with court orders; must be muzzled and on a tether no more than three feet long with minimum tensile strength of 300 pounds. |
| Maryland | MD Code, Criminal Law, § 10-619; Md. Code Ann., Local Gov't § 13-105 | Varies by county: each county may establish local law/ordinance for the compensation of any person whose sheep, livestock, or poultry is destroyed/injured by a dog. No breed specifications. Dangerous dog must be confined indoors, in a securely enclosed and locked pen, or in another structure to restrain the dog. Owner may not allow a dangerous dog to leave the property unless the dog is leashed and muzzled. If selling/giving away dog must give notice of dangerous status. |
| Massachusetts | M.G.L.A. 131 § 82; 140 § 155; 140 § 159; 140 § 167; 140 § 174B; | Owner/keeper of dog is liable for damage/injury to a person or property unless the person was committing a trespass or other tort, or was teasing, tormenting, or abusing such dog. If victim is under seven years old it is assumed he was not committing tort or harassing dog unless proven otherwise. If the chief of police or district court have ordered a dog to be restrained and the dog wounds a person or worries, wounds, or kills livestock or fowl, the owner if the dog is liable for treble damages. No breed restrictions. City/town can enact bylaws and ordinances relative to the regulation of dogs. |
| Michigan | M.C.L.A. 91.1; 287.262; 287.321; 287.351; | Owner is liable if dog bites person without provocation while person is on public property or lawfully on private property. Owner liable for any injuries regardless of the former viciousness of the dog or owner's knowledge of such viciousness. |
| Minnesota | M.S.A. § 347.14; 347.22; 347.50 thru 347.53 | Owner liable if dog without provocation attacks or injures person who is acting peaceably where person may lawfully be. Any statutory or home rule charter city or any county may regulate dangerous and potentially dangerous dogs. Dangerous dog must be registered and owner must have proper enclosure on premises for dog and posting that there is a dangerous dog on premises. Owner needs at minimum a $300,000 surety bond and dog must be microchipped. Dog must be muzzled if off property and on a chain or leash. |
| Mississippi | Miss. Code Ann. §21-19-9; 41-53-11 | No dangerous dog restrictions; dogs at large without tags may be caught and killed after five days by any sheriff, conservation, or peace officer. |
| Missouri | V.A.M.S. 79.400; 273.020; 273.030; 273.100 | No dangerous dog restrictions. Owner of dog that kills or maims sheep or other domestic animals is liable to the owner of such animal. Dogs running at large may be impounded. |
| Montana | MCA 7-23-102; 27-1-715; 81-7-402 | Owner liable for damages if dog without provocation bites any person while person is in public place or lawfully on or in private place, including property of owner of dog. The former viciousness of the dog or owner's knowledge of same does not change liability. Owner liable for actual value of livestock or poultry killed or injured by owner's dog. |
| Nebraska | Neb.Rev.St. § 17-526; 54-601; 54-607; 54-608; 54-617; 54-618; 54-619; 54-624; NE LEGIS 1055 (2008) | Any governing board of any county, city, or village can establish laws or ordinances at least as stringent as 54-617 to 54-623. Owner liable for any and all damages that result from dog biting a person other than a trespasser or for dog killing, wounding, or worrying any person or sheep or other domestic animal. No breed restrictions. Dangerous dogs to be spayed/neutered and microchipped within thirty days of declaration as dangerous dog. Dog not allowed off property without a chain or leash. Can be transported to vet only. Dog must be confined when on property unattended indoors or in securely enclosed and locked pen with secure sides and a secure top. Structure must be ten feet from property. Warnings signs at least 10×12 must be posted. |
| Nevada | N.R.S. 202.500; 503.636; 575.020 | Owner guilty of misdemeanor. Liable to owner of livestock injured by dog for said injuries. |
| New Hampshire | N.H. Rev. Stat. § 466:19; 466.29; 466:31; 466.33 | Owner liable to owner of property including sheep, livestock, and domestic animals for injuries caused by dog. Not liable if person was committing trespass/tort. |
| New Jersey | N.J.S.A. 4:19-16; 4:19-22; 4:19-23; 40:48-1 | Owner liable if dog bites person when person is in public place or lawfully on a private place, including dog owner's property. Liable for damages regardless of former viciousness of dog or owner's knowledge of viciousness. |
| New Mexico | N.M.S.A. 1978, § 77-1A-5; 6; 2 | Violation of handling provisions results in criminal charges ranging from misdemeanor to third degree felony. Owner liable to owner of any livestock killed/injured by dog. Unlawful to keep dog after it has killed livestock. No breed restrictions. In order for potentially dangerous dog to be registered owner of dangerous dog must be able to keep dog under control at all times; have enclosure for dog; dog must have license, rabies vaccination, be spayed/neutered, and microchipped; and must be in a socialization and behavior program approved by animal control authority. For dangerous dog to be registered owner must have written permission of property owner/homeowners association if applicable. Dog will be kept on premises except for medical treatment/examination. When removed from property dog will be caged or muzzled and restrained with a lead no longer than four feet. Dog will not be transported in a vehicle from which he could escape or gain access to people/animals outside the vehicle. Warning sign must be posted on premises where dog is kept. Fee must be paid for both types of registrations. |
| New York | N.Y. Agric. & Mkts. Law § 108; 121; 122; 123 (McKinney) Envtl. Conserv. Law § 11-0923 (McKinney) | Owner who through act or omission negligently allows dog to bite person/animal causing injury is subject to civil penalty. If dog has previously been identified as dangerous, owner is guilty of misdemeanor and must pay medical and other expenses to injured party. Dangerous dog must be restrained when in public by adult over twenty-one; and must be muzzled to prevent biting but not to interfere with dog's vision/respiration. Owner must maintain $100,000 liability policy. Judge can order death of dog if dog attacked without provocation and resulted in serious injury or death of person; caused serious injury/death to companion/farm/domestic animal and in past two years has caused unjustified injury/death to a companion/farm animal. Dog is not dangerous if person was committing crime or offense upon owner/custodian of dog, injured person was tormenting, assaulting, or threatening dog or offspring; farm/companion/domestic animal was attacking dog or offspring. |
| North Carolina | N.C. Gen Stat. Ann. § 67-4.1 thru 67-4.5; 67-12 | Owner of dangerous dog that attacks person and causes physical injuries requiring medical treatment in excess of $100 is guilty of a class 1 misdemeanor. Owner strictly liable in civil damages for any injuries/property damage the dog inflicts on a person, property, or other animal. City or county can adopt/enforce its own program for control of dangerous dogs. No mention of breed restrictions. Unattended dangerous dog must be confined when on property either indoors or in a securely enclosed and locked pen; dog must be leashed and muzzled before leaving property. |
| North Dakota | NDCC 40-05-01; 42-03-01; 42-01-08 | Municipalities have power to restrict running at large of animals. Dog considered a public nuisance when dog habitually molests a person traveling peaceably on the public road or street. Owner will be ordered to prevent dog from being a nuisance. Individual may maintain an action for a public nuisance if it is specially injurious to that person or person's property, but not otherwise. Dangerous dogs not specifically addressed. |
| Ohio | R.C. § 955.22; 995.221; 995.26; 955.28 | Owner of dog is liable in damages for injury, death, or loss to person or property caused by the dog unless the person was committing a criminal trespass or was tormenting, teasing, or abusing the dog or its owner's property. |
| Oklahoma | 4 Okl.St.Ann. § 42.1; 43 thru 46 | Unlawful for owner of dangerous dog to permit the dog to be outside a proper enclosure unless dog is muzzled and restrained by a substantial chain/lease and is under physical restraint of someone over the age of sixteen The muzzle shall not injure the dog or interfere with vision or breathing. Dangerous dogs must be registered. Premises must be posted with visible warning sign of dangerous dog on property, owner must have liability policy with at least $50,000 for injuries inflicted by the dangerous dog. Owner is liable for full amount of damages inflicted by dog when dog without provocation bit or injured someone where that person has a lawful right to be. |
| Oregon | O.R.S. § 609.035; 609.060; 609.095; 609.098; 609.140; 609.990 | Owner of dangerous dog may be ordered to pay restitution to injured person or for property damaged by the dog. Owner of livestock that has been injured/wounded/killed by any dog has a cause of action against the owner for the damages resulting therefrom, including double the value of the any livestock killed and double the amount of any damage to the livestock. |
| Pennsylvania | 3 Pa. Stat. Ann. § 459-301; 459-304; 459-305; 459-502-A; 459-503-A; 7 Pa. Code § 27.12 | Dangerous dogs must be registered. Dog must be kept confined in proper enclosure or when off property of owner for veterinary care dog must be muzzled and on a leash. Leash must be no longer than three feet and have a minimum tensile strength of 300 pounds. Visible warning sign must be on premises where dangerous dog lives. Surety bond for $50,000 is required payable to anyone injured by the dog. Liability insurance of at least $50,000 is also required for injuries inflicted by the dangerous dog. Dangerous dog tag is to be worn on dog's collar at all times. |
| Rhode Island | 4 R.I. Gen. Laws Ann. § 4-13-15.1; 4-13.1-2; 1-4; 1-7; | Vicious dogs must be confined in a locked enclosure. Dog can be outside of dwelling/enclosure only when necessary to seek veterinary care or to comply with dog officer. Dog shall be muzzled and restrained with a leash/chain with a minimum tensile strength of 300 pounds and no more than three feet in length. Dog must be in direct control of owner/keeper of the dog. Owner of dog is liable to injured party for all damages sustained. |
| South Carolina | S.C. Code Ann. § 47-3-50; 47-3-110; 47-3-710; 47-3-720; 51-3-145 | Dangerous animal not to go unconfined on premises. Animal must be securely indoors or in a securely enclosed fence or enclosed and locked pen. The enclosure must be clearly marked as containing a dangerous animal and must be designed to prevent children/general public entry or escape of the animal. Owner of dog that attacks/injures a domestic animal is guilty of a misdemeanor and may be fined no more than $200 or jailed no more than thirty days. If dog attacks/injures person a fine of $5,000 may be imposed and jail time of no more than three years may be sentenced. While person in public/private place lawfully and is attacked by dog, owner is liable for damages suffered by victim. Owner of dog is not liable if dog was provoked to attack. |
| South Dakota | S.D. Codified Laws §40-34-2; 40-34-14; 40-34-15 | Owner of dog that chases, worries, injures, or kills poultry or domestic animal is liable for damages to the owner of the any such poultry/animal. |
| Tennessee | T.C.A. § 44-8-413 | Owner of dog has duty to keep dog under reasonable control at all times. Breach of this makes owner subject to civil liability for damages suffered by person injured by dog. Liability applies regardless of owner's knowledge of any dangerous propensities of the dog. Liability does not apply if dog is in enclosure; is protecting owner or other innocent person from attack; or injured party was trespassing or harassing, abusing, or tormenting dog. |
| Texas | Tex. Health & Safety Code Ann. § 822.007; 822.012; 822.031; 822.041; 822.042; 822.047 | County or municipality may place additional restrictions on dangerous dogs if the requirements are not specific to one or several breeds of dogs and are more stringent than restrictions provided by statutes. Dangerous dog must be registered with animal control and restrained at all times on a leash in the immediate control of a person or in a secure enclosure. Owner must obtain liability insurance for at least $100,000 to cover damages from an attack by the dangerous dog and must comply with all municipal or county regulations/requirements/restrictions. |
| Utah | U.C.A. § 18-1-1; 26-6-11 | Owner strictly liable for injuries/damage caused by dog. |
| Vermont | 20 V.S.A. 3546;3549 | Municipality has the power to regulate domestic pets/wolf-hybrids, including leashing, muzzling, restraint, impoundment, destruction, or running at large. If dog is found to have bitten victim without provocation, the municipal officials may order muzzling, chaining, confining, or destruction of the animal. Owner of dog that worries, maims, or kills sheep, lambs, or domestic animals is liable to the owner of the animal for said damages. |
| Virginia | 2VAC 5-620-70; 20; 10; Va. Code Ann. § 3.2-6540; 3.2-6540.1; 3.2-6542; 3.2-6522; 3.2-6539 | Dog are to be registered and must wear dangerous dog tag on collar. Within ten days of dog being determined to be dangerous, owner must provide animal control officer the following information: identification that all owners are over eighteen; address where dog is maintained and name of residence owner; dog's name, sex, age, weight, primary and secondary breed, color and markings; two photos of the dog, one front and one side view head to paw; number of dog tag license; verification that dog has current rabies vaccination and has been neutered/spayed; evidence dog will be confined indoors or in proper enclosure or will be muzzled in fenced in yard until enclosure is built; visible warning signs that dangerous dog is on premises; proof dog has been tattooed or had identification chip implanted; and copy of liability policy with at least $100,000 to cover damages by dog bites. Within forty-five days the owner must provide animal control with information necessary to locate owners at all times; acts that resulted in dog being declared dangerous; any other complaints against dog; lawsuits; and copy of dangerous dog registration. |
| Washington | R.C.W.A 16.08.030; 16.08.040; 16.08.060; 16.08.070; 16.08.080; 35.27.370 | Owner liable to injured party for damages caused by dog, regardless of former viciousness of dog or owner's knowledge of dog's viciousness. Proof of provocation is a complete defense. Dog must be kept in proper enclosure and the premises posted with warning signs that dangerous dog is present. A surety bond is required or a liability insurance policy for at least $250,000 to pay for damages/injuries caused by the dog. |
| West Virginia | W. Va. Code, § 5A-4-4; 19-9-18; 19-20-13; 19-20-14; 19-20-21; 19-20A-8; | Anyone keeping a vicious dog must have a license from the county assessor and the dog must be kept securely to prevent injury from someone lawfully passing through/entering the property of the owner. Owner is liable for damages caused by any dog running at large. Owner liable if dog kills, wounds, or worries sheep, lamb, goats, swine, rabbits, or other livestock if the dog is out of the enclosure of the owner of the dog. |
| Wisconsin | W.S.A. 174.02; 174.042 | Owner liable for any injury/damage caused by dog. If owner is aware dog has previously injured a person/property, owner is liable for two times the amount of damages. |
| Wyoming | W.S. 1977 § 11-31-105; 11-31-301 | Owner of dog is liable for all damages that result from dog worrying, wounding, or killing sheep or other domestic animals. |