If you or a family member has been bitten or attacked by a dog in Delaware, you may have the right to pursue compensation for your injuries.
Delaware has a specific law addressing a dog owner's responsibility when a dog causes an injury. Understanding that law—and knowing what to do immediately following an attack—can be important to protecting your rights.
At Aleman & Associates LLC, we represent individuals injured in accidents throughout Delaware, including people who have suffered injuries from dog bites and dog attacks.
Under 16 Del. C. § 3053F, a dog owner is liable for injury, death, or property loss caused by the owner's dog unless one of the statutory exceptions applies.
This is important because a person injured by a dog generally does not have to establish that the dog previously attacked someone before pursuing a claim against the owner.
The statute contains specific exceptions involving circumstances such as criminal trespass or other criminal conduct and teasing, tormenting, or abusing the dog.
Every case is different, and the circumstances surrounding the attack should be carefully investigated.
One of the most common questions following a dog attack is: "What if the dog never bit anyone before?"
A lack of previous attacks does not automatically prevent a claim under Delaware law.
Some people are familiar with the concept of a "one-bite rule," under which an owner's knowledge of a dog's prior aggressive behavior can play a significant role in establishing liability.
Delaware's dog-owner liability statute does not require a victim to first establish that the dog had previously bitten someone.
That means statements such as "He's never done this before" or "She's always been friendly" do not necessarily relieve the dog's owner of responsibility for the injuries caused by the dog.
Delaware's dog-owner liability statute contains several important exceptions. Depending upon the circumstances, the owner may not be liable under the statute if the injured person was:
These exceptions are one reason the circumstances surrounding an attack matter.
After a serious dog bite, the insurance company may investigate where the victim was located, why the victim was there, how the victim interacted with the dog, and what happened immediately before the attack.
Witness statements, photographs, surveillance video, police or animal-control records, and other evidence may help establish what actually occurred.
Delaware law also addresses dogs running at large.
Generally, a dog may not run at large outside and must be secured by a leash capable of physically restraining the dog, subject to statutory exceptions. Dogs on their owner's property, dogs on private property with permission, certain working dogs, and dogs in designated off-leash areas are among the situations addressed by the statute.
A loose dog can create a serious danger to pedestrians, runners, bicyclists, neighborhood children, delivery workers, and other people.
If an attack involves a dog that escaped from its property, evidence concerning how the dog escaped may be important.
For example, photographs should be taken when possible of:
This type of evidence can disappear quickly once a fence, gate, leash, or other condition is repaired.
Your health should come first.
If you have been bitten or scratched by a dog, obtain appropriate medical attention. Dog bites can cause more than visible cuts. Depending upon the circumstances, there may be concerns involving infection, nerve or tendon damage, and potential exposure to rabies.
You should also consider taking the following steps:
Obtain the dog owner's name, address, telephone number, and any available homeowner/rental insurance information. If possible, obtain information concerning the dog's vaccination status. Take notes on the description of the dog.
An official report can help document the attack and identify the dog involved. If you receive treatment at a medical facility, tell your healthcare provider exactly how the injury occurred.
Take clear photographs of your injuries as soon as possible. Do not stop after the first day. Continue photographing the injury during the healing process. This can be particularly important when a bite results in permanent scarring.
Obtain names and contact information for anyone who witnessed the attack or saw the dog immediately before or after it occurred.
Keep damaged clothing and other physical evidence from the attack. Save medical records, medical bills, prescription information, photographs, correspondence, and any communications with the dog's owner or an insurance company.
An insurance company may contact you shortly after an attack. Before accepting a settlement, consider whether you actually know the full extent of your injuries. A wound that looks significant immediately after an attack may improve considerably. In other cases, an injury that initially appears manageable may leave a permanent and highly visible scar. Once a claim is fully settled and a release is signed, the settlement is generally intended to resolve the claim permanently.
People are sometimes reluctant to pursue a dog bite claim because the dog's owner is a neighbor, friend, relative, or someone else they know.
An important question in these cases is whether insurance coverage is available.
Depending upon the circumstances and the terms of the particular policy, homeowner's or renter's insurance may provide liability coverage for injuries caused by a dog.
The existence of coverage should never be assumed. Insurance policies can contain exclusions, limitations, conditions, and coverage requirements.
One of the first steps in evaluating a dog bite case should therefore be identifying all potentially applicable insurance coverage.
The compensation available in a dog bite claim depends upon the circumstances and damages involved.
Potential damages may include:
Medical expenses. This may include emergency-room treatment, physician visits, medication, wound treatment, surgery, physical therapy, plastic surgery, or other medically necessary care.
Lost wages. A person who misses work because of an injury may have a claim for lost income.
Pain and suffering. Dog attacks can cause substantial physical pain both during the attack and throughout the recovery process.
Scarring and disfigurement. Permanent scarring can be a significant part of a dog bite injury claim, particularly when the scar is located on a visible area of the body.
Future medical expenses. Serious injuries may require additional treatment, including scar revision or reconstructive procedures.
Other losses. Depending upon the circumstances, additional damages may be available.
Every case should be evaluated individually. There is no legitimate formula that determines what every dog bite claim is worth.
Many personal injury claims involve injuries that eventually heal without a visible reminder of what happened.
Dog bites can be different.
A severe bite can tear or puncture the skin and leave a permanent scar. Scarring may be particularly significant when it affects the face, neck, hands, arms, or legs.
A scar can also change over time.
For this reason, photographs taken throughout the recovery process can be valuable evidence. Photographs can document the initial wound, stitches or other treatment, the healing process, and the eventual appearance of any permanent scar.
When significant scarring remains, medical evaluation may also be necessary to determine whether scar revision, plastic surgery, or other future treatment is recommended.
An insurance company evaluating a dog bite claim should not be permitted to ignore a permanent injury simply because the underlying wound has healed.
Dog attacks involving children deserve particular attention.
Because of their smaller size, children may suffer injuries to the face, head, and upper body during an attack. A facial injury can result in permanent scarring that remains with the child for years.
There may also be emotional consequences associated with a frightening animal attack.
When a child has suffered a significant dog bite, parents should be cautious about resolving the claim before the nature and extent of the child's injuries are reasonably understood.
A child's injury should be evaluated based upon the child's individual circumstances, including the location and permanency of any scarring and the need for future medical treatment.
An allegation that the victim provoked the dog should be taken seriously because Delaware's statute specifically addresses teasing, tormenting, or abusing a dog.
But an allegation is not proof.
An insurance company may investigate the victim's actions immediately before an attack. If there is a dispute about what happened, evidence becomes particularly important.
Evidence should be preserved as early as possible because surveillance footage and other electronic evidence may eventually be deleted or overwritten.
Delaware generally imposes a two-year statute of limitations on personal injury claims.
Under 10 Del. C. § 8119, an action seeking damages for personal injuries generally must be filed within two years from the date the injuries were sustained.
You should not interpret the general two-year period as a reason to wait.
The applicable deadline can depend upon the particular circumstances of a case, and claims involving minors or other unusual circumstances may present additional legal issues.
There are also practical reasons to investigate a dog attack promptly.
Witnesses move. Memories fade. Surveillance footage is deleted. Property conditions change. Fences and gates are repaired. Records become more difficult to obtain.
The sooner an investigation begins, the greater the opportunity to preserve important evidence.
You should understand why the insurance company is requesting a recorded statement before agreeing to provide one.
An insurance adjuster may ask detailed questions about where you were standing, what you were doing, whether you touched the dog, whether the dog displayed aggressive behavior, and what happened immediately before the bite.
Those answers may later be used when the insurance company evaluates liability.
You are entitled to speak with an attorney about your rights before deciding how to handle communications with an insurance company.
There is no standard settlement amount for a Delaware dog bite.
Two people bitten by dogs can have dramatically different claims.
Factors that may affect the value of a claim include the nature and severity of the injuries, location of the wounds, permanent scarring, surgery, future medical treatment, medical expenses, lost income, length of recovery, pain and limitations, disputed liability, the victim's age, and available insurance coverage.
A case involving a minor puncture wound that heals completely cannot reasonably be evaluated in the same manner as an attack resulting in permanent facial scarring.
The value of a claim should be based upon the actual facts and damages—not a generic dog bite "settlement calculator."
Not necessarily. Delaware's statute refers more broadly to injury, death, or loss caused by a dog. A person may potentially suffer an injury during a dog attack even when the injury is not caused by the dog's teeth. The particular facts should be evaluated to determine whether a claim exists.
A previous bite is not required by Delaware's dog-owner liability statute before an owner can potentially be held liable for an injury caused by the dog.
You may still have a claim. The fact that you know the dog's owner does not automatically eliminate the owner's potential legal responsibility. There may also be homeowner's or renter's insurance coverage available, depending upon the applicable policy.
Delaware generally prohibits dogs from running at large, subject to statutory exceptions. Document where the attack occurred, identify the owner if possible, photograph your injuries, and report the incident.
Permanent scarring and disfigurement may be considered when evaluating the damages caused by a dog attack. The location, size, visibility, and permanence of the scar can all be important.
You should understand the full extent of your injuries and the rights you are giving up before resolving a claim. This is particularly important when scarring is still developing or future medical treatment remains possible.
Not every minor injury requires legal representation. However, you should consider speaking with a Delaware personal injury attorney when an attack results in significant injuries, permanent scarring, injuries to a child, disputed liability, substantial medical treatment, lost wages, or questions concerning insurance coverage.
If you or your child has been injured in a dog bite or dog attack in Delaware, you may have important legal rights.
At Aleman & Associates LLC, we help injured people understand their options and pursue compensation when another party is legally responsible for their injuries.
A dog bite claim can involve much more than submitting medical bills to an insurance company. The circumstances of the attack must be investigated, evidence should be preserved, applicable insurance coverage should be identified, and the full extent of the victim's injuries—including permanent scarring—should be considered before the claim is resolved.
We represent injured individuals throughout Kent County, New Castle County, and Sussex County, including communities such as Dover, Camden, Smyrna, Milford, Middletown, Wilmington, Newark, Georgetown, Seaford, Lewes, and surrounding areas.
Consultations are free, and attorney's fees and costs are handled on a contingency basis.
If you or a loved one has been injured by a dog, contact Aleman & Associates LLC to discuss your case with a Delaware dog bite attorney.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Every case is different, and the outcome of a particular matter depends upon its individual facts and circumstances. Viewing this website or contacting the firm does not, by itself, create an attorney-client relationship.
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