Receiving court papers because your dog bit someone is frightening. Many owners worry about losing their savings or their home. The good news is that you have options, and many claims are handled by homeowners or renters insurance. This guide explains what to do when you are being sued for a dog bite, the deadlines you must meet, and the defenses that may apply.
What to Do When You Are Sued for a Dog Bite
1. Don’t ignore the papers
If you don’t answer in time, the court can issue a default judgment: the other side may win without you having a chance to defend yourself.
2. Find your deadline
The summons tells you how many days you have to file a written answer. Write the date down and count from the day you were served.
3. Notify your insurer
Send a copy of the summons and complaint to your homeowners or renters insurance immediately. If the claim is covered, the insurer usually provides and pays for a defense lawyer.
4. Don’t contact the other side
Avoid calling or messaging the person suing you or their lawyer. Anything you say can be used in the case.
5. Gather your evidence
Collect your dog’s vaccination records, photos of your fence and gates, names of witnesses, and any animal control reports.
6. Talk to a lawyer
If your insurer does not defend you, or the claim is above your policy limit, consult a local attorney as soon as possible.
How Long Do You Have to Answer a Dog Bite Lawsuit?
The deadline depends on your state and court. These are the general rules in some of the largest states:
Small claims courts often follow different rules, for example a hearing date instead of a written answer. Always follow the date written on your summons.
Will Your Insurance Defend You?
Often, yes. The personal liability coverage of many homeowners and renters policies can pay for a defense lawyer and for a settlement or judgment, up to your policy limit. Keep in mind:
Exclusions
Some policies exclude certain breeds, dogs with a prior bite, or all animal liability. Read your policy or ask your agent.
Reservation of rights
Your insurer may defend you while sending a letter that it may later deny coverage. If you receive one, it is a good moment to consult your own lawyer.
Policy limits
If the claim is higher than your coverage, you may be personally responsible for the difference.
Late notice
Policies usually require prompt notice. Waiting too long to report the lawsuit can put your coverage at risk.
Common Defenses in a Dog Bite Lawsuit
Which defenses apply depends on your state’s dog bite law and on the facts. The most common are:
Provocation
The person hit, teased, or otherwise provoked the dog. In many states this can reduce or eliminate your liability. Learn more about provoked vs. unprovoked bites.
Trespassing
Many dog bite statutes protect only people who were in a public place or lawfully on private property.
Assumption of risk
In some states, professionals who handle dogs, such as vets or groomers, may be treated as having accepted the risk of a bite.
Shared fault
If the injured person was partly at fault, their compensation may be reduced, and in some states barred completely.
No prior knowledge
In one-bite rule states, the victim usually has to show you knew, or should have known, your dog was dangerous.
Late lawsuit or wrong dog
The claim may be filed after the statute of limitations (1 to 6 years, depending on the state), or the bite may have been caused by another dog.
Should You Settle or Fight?
Many dog bite claims end with a settlement negotiated by the insurer, without a trial. Settling can save time, stress, and legal costs, especially when the injury is clear and your state applies strict liability. Fighting makes more sense when you have a strong defense, such as clear evidence of trespassing or provocation, or when the amount claimed seems far too high.
A lawsuit about money is also separate from any dangerous dog hearing held by local authorities, which decides restrictions on your dog. If your dog is also in quarantine, read our guide to the dog bite 10-day quarantine.
📊 Is the Amount Claimed Realistic?
Our Dog Bite Settlement Calculator shows how medical bills, lost wages, and shared fault affect the value of a claim.
FAQ: Being Sued for a Dog Bite
What happens if I ignore a dog bite lawsuit?
The court can enter a default judgment against you.
That means the other side may win without you being heard, and the judgment can then be collected from your assets. Always answer by the deadline on your summons.
Will my homeowners insurance pay for my lawyer?
Often yes, if the dog bite is covered by your policy.
Many homeowners and renters policies include personal liability coverage that pays for a defense lawyer. Coverage can be excluded for certain breeds or dogs with a prior bite, so send the lawsuit to your insurer right away.
Can I lose my house because of a dog bite lawsuit?
It is rare, but a judgment above your insurance limit can be collected from your assets.
How much of your home is protected depends on your state’s homestead and exemption laws. If the claim is higher than your coverage, talk to a lawyer early about settlement options.
What if the dog bite claim against me is false?
You can contest it in your answer and with evidence.
Witnesses, photos, video, and animal control records can show that your dog was not involved or that the facts are different. Do not ignore the lawsuit just because the claim seems false.
Can a trespasser sue me if my dog bites them?
They can file a lawsuit, but trespassing is often a strong defense.
Many dog bite statutes protect only people lawfully on the property. Rules vary by state, and children may be treated differently, so ask a local attorney.
Sources: California Code of Civil Procedure § 412.20; Texas Rule of Civil Procedure 99; Florida Rule of Civil Procedure 1.140; New York CPLR 320 and 3012; Arizona Rule of Civil Procedure 12.
