What Happens if My Dog Bites Someone on My Property?

If your dog bites someone on your property, the bite victim could file a claim with your insurance. While there are various circumstances that could have led to the bite, you could be held liable for their injuries.

Here’s what you should expect when your dog bites a visitor on your property.

Seek Medical Attention for the Victim

Your first priority should be making sure the dog bite victim is safe. Suggest that they seek medical care and check your dog’s vaccination records. See if your dog is up-to-date on their vaccinations, especially rabies vaccinations. If not, warn the victim and offer further encouragement to see a doctor.

Exchange Information

Provide your homeowners insurance information to the victim. Homeowners policies include liability insurance, which provides coverage in cases that you would be held liable for damage done to someone else on your property.

In the case of a dog bite, you may be held liable if your insurance determines that your dog was at fault for the incident.

Gather Documentation

If you have doorbell cameras or other security cameras set up around your property, check to see if there’s footage of the accident. This could be useful if the bitten person files a claim on your insurance.

Take notes of the time, day, and details of the bite. Document what was happening at the time, what you observed, and who else was there. Get contact information for everyone present at the time.

If the Victim Files a Claim…

Do not panic. This is why you pay your premiums. Your insurance is there to protect what matters most, and they have likely dealt with this situation multiple times before. If you are liable for the accident, your insurance may help the victim pay their medical bills and provide compensation for pain & suffering and other damages.

Your insurance will probably investigate what happened to lead to the bite. They may ask for witness statements from those present at the incident, hence why it’s important to get witness contact information. If the person who was bit was on the property unlawfully, then you may not be held liable, and your insurance could deny the victim’s claim. If the person who was bit was lawfully on your property, you are more than likely to be held responsible, and your insurance would pay the claim.

Dog bite claims are often filed by:

  • Package delivery drivers
  • Maintenance workers
  • Visiting friends & family
  • Parents of neighborhood children

Comply with your insurance’s investigation and encourage the dog bite victim to do the same if possible.

Idaho Dog Bite Laws

In Idaho, dog owners are held strictly liable for any injuries that their dogs cause, regardless of whether the dog has bitten anyone before. They would be responsible for any damages that dog bite victims experience, provided they were lawfully on the property.

In that case, your dog would be considered a dangerous or at-risk dog. Dogs that bite a visitor are not considered dangerous or at risk if…

  • The dog was protecting or defending someone from assault
  • The person was committing a crime on the property
  • The dog was provoked in some way, including:
    • Responding to pain
    • Protecting its offspring
    • Working as a hunting, herding, or predator control dog on the property, and the person was interfering with its lawful work
  • The dog was performing tasks for someone with a disability
  • The person was interfering in an aggressive animal fight

Idaho courts may require you to…

  • Lock your dog up while outdoors
  • Keep your dog on a leash while off property
  • Provide identification of your dog to local law enforcement through photo, microchip, and/or tattoo
  • Post “Beware of Dog” signs around your property

In extreme cases, the court may require that you put the dog humanely to death.

Real-Life Example: Your Amazon Package

Imagine that you recently ordered something on Amazon, and you are expecting it to be delivered today. The delivery driver arrives while you are at work, and he lets himself in through the front gate in order to put the package on your front doorstep. Your dog is in the yard, and they bite the driver when he approaches your door.

The delivery driver files a claim on your insurance, and they determine that you are at fault. You did not control your dog when you had the expectation of a visitor, and since Idaho holds dog owners strictly liable for any injuries, your insurance pays the claim. Even though your dog has never bitten anyone before, you are required by local law enforcement to register the dog with them and place warning signs around your property.

Frequently Asked Questions

Could a dog bite victim file a suit against me after they file a claim?

Yes. It is their right to file a suit against you if they feel it is necessary, but that doesn’t necessarily mean that your insurance will pay more or less than they decide the claim is worth.

Do I have to put my dog down after they bite someone?

Not necessarily. It depends on the severity of the bite and the circumstances surrounding it.

If I believe that the dog bite victim was trespassing, am I still responsible?

Not necessarily. If the visitor meets the state law criteria of trespassing, then it is less likely you will be held responsible for the bite.

Should I keep my dog on a leash outside of my property?

Yes. Idaho law requires dog owners to keep their pets on a leash if they are not behind a closed fence or indoors.

Final Takeaway

The best thing you can do is to train your dog to follow basic commands. They are more likely to follow your lead if they are obedient. If you are expecting any unfamiliar or child visitors to the property, make sure that your dog is restrained. Watch for any signs of territorial behavior, and if your dog bites someone, you know what to expect next.

If you need to file a claim because of a dog bite you experienced, call our 24-7 claims line at (888) 432-4527 or file a claim online. You can also contact your agent to help you file a claim.

Disclaimer: The information included here is designed for informational purposes only. It is not legal, tax, financial or any other sort of advice, nor is it a substitute for such advice. The information may not apply to your specific situation. We have tried to make sure the information is accurate, but it could be outdated or even inaccurate in parts.