With Delaware as the first state in the US to achieve a “no-kill” status, the state handles thousands of live stray animals every year. Shelters take in many animals across Delaware and surrounding regions. In multiple cases, shelters spay or neuter cats and return them to their territories to manage the population. Shelters consider adoption or rescue options for dogs.
When a stray dog bites you, who is liable? In the case of owned dogs, dog owners are strictly liable for any damages or injuries their pet causes. Victims like you do not need to prove negligence or a history of aggression.
Stray dogs, however, do not have any owners to take responsibility, so there is no one to blame. But what if you suspect a dog is not truly a stray? You might want to take steps to investigate.
Is the dog free-roaming?
Under Delaware law, the state prohibits free-roaming or “at-large” dogs. Dogs must stay leashed unless they are on the owner’s private property or with permission on another person’s property. The state treats free-roaming dogs as a public safety issue to address.
If you suspect the dog that bit you is free-roaming, call Delaware Animal Services (DAS) and seek medical care. An animal welfare officer can track down owners of free-roaming dogs and obtain official records for you.
Was there negligence?
Owners of free-roaming dogs are generally liable for any dog bites or attacks. But property owners may be liable if there is reasonable suspicion of negligence. Landlords may be liable for true stray dogs as well. These complex cases may occur when stray or free-roaming dogs bite in places such as commercial or public areas—think a children’s playground or retail store.
In special circumstances, property owners can share liability for your dog bite as they are negligent in protecting people in their own premises.
How else can you take action?
If the dog is a true stray, there is no owner to hold liable. After medical care, contact Delaware Animal Services. Report the exposure to the Division of Public Health (DPH) at 888-295-5156. All medical providers report potential human exposure to DPH. Local animal control will handle the dog.
Bites from free roaming dogs or dogs in commercial spaces may be different. Once you identify owner or landlord details, consult a legal professional. Navigating Delaware’s laws on dog bite liability can be complex, especially in exceptional cases. Most dog bite claims need you to file within a 2-year deadline.