When a dog bites someone, the legal reality of their situation often rests on where the attack happened. In some states, dog owners are protected by what’s known as the “one bite rule.” Under this rule, a victim must prove that the dog’s owner knew or should have known that their pet had dangerous tendencies. Essentially, the first time a dog bites, the owner might not be held liable because they had no prior warning of the dog’s aggression. Only after that first incident could the owner be considered negligent for future attacks.
Delaware takes a different approach. Instead of following the one bite rule, the state imposes strict liability on dog owners. This law means that a dog owner is responsible for injuries caused by their pet, even if the dog has never bitten anyone before, and even if the owner had no reason to suspect that the dog might bite.
Where you bit by a dog in Delaware? Pratcher Krayer LLC is a team of Delaware-native, proven trial lawyers with former insurance defense experience who fight for victims of dog bites. We serve New Castle County, Kent County, and Sussex County. Do not let insurers push you into less than you deserve. Call 302-566-1796 or contact us today for a free consultation.
What does this mean, practically?
In Delaware, a dog bite victim does not have to prove negligence or prior knowledge of dangerous behavior. The key factors are simple: the bite must have occurred, and the victim must have been in a public place or lawfully on private property at the time that the harm occurred.
With that said, there are limited exceptions to Delaware’s strict liability statute. For example, if the victim was trespassing, provoking the dog or performing duties such as law enforcement work involving a trained police dog, the owner may not be held responsible. However, outside of these situations, dog owners in Delaware generally have little room for defense once a bite occurs. Even if the dog at issue was normally calm or the owner took precautions, liability still attaches to a harmful situation.
The purpose of Delaware’s strict liability law is to better ensure that bite victims receive compensation without having to endure the difficult task of proving a dog owner’s fault. For dog owners, this law serves as a strong reminder to take responsibility for controlling their pets and preventing potential harm. For victims, it provides a clearer path to justice than the one bite rule does.