Who pays for a dog bite injury?
In most cases, the dog owner's homeowner's or renter's insurance pays a dog bite claim, because those policies usually include personal liability coverage for injuries the policyholder's dog causes. The claim is made against the owner, but the insurer investigates it, hires the defense lawyer, and pays any settlement or judgment up to the policy limits.
That is why we ask for the policy itself early, not just the adjuster's summary of it. A policy may limit coverage for particular animals or for incidents away from the home, and a landlord, dog walker, or business may carry separate coverage. Identifying every policy that could respond is often the difference between a claim limited by one small policy and a full recovery.
A bite can also start a separate government process. Animal control may investigate and, in serious cases, seek a dangerous dog finding. Those records are useful evidence, but they do not pay your medical bills. Your civil claim is how you are compensated.
How dog bite law differs in D.C., Maryland, and Virginia
| Jurisdiction | Basic rule for owners | Dog running loose | Filing deadline |
|---|---|---|---|
| Maryland | Rebuttable presumption that the owner knew or should have known the dog had vicious or dangerous propensities (§ 3-1901(a)) | Owner liable for injuries caused while the dog is running at large, with limited exceptions (§ 3-1901(c)) | 3 years (§ 5-101) |
| D.C. | Negligence; what the owner knew about the dog matters | If a dog injures someone while at large, the owner's lack of knowledge of its vicious propensity does not by itself excuse the owner (§ 8-1808(a)(2)) | 3 years (§ 12-301(8)) |
| Virginia | Owner's knowledge of the dog's dangerousness, or a violation of a leash or at-large law | Violating a local leash ordinance can be negligence in itself (Butler v. Frieden) | 2 years (§ 8.01-243(A)) |
Children get more time in all three jurisdictions, as explained below. Even so, evidence about a dog's history fades quickly, so we start investigating right away.
Maryland dog bite law
In Maryland, evidence that a dog caused a personal injury creates a rebuttable presumption that the owner knew or should have known the dog had vicious or dangerous propensities (Md. Code, Cts. & Jud. Proc. § 3-1901(a)). The owner can try to rebut it, but in a jury trial the judge may not rule that the presumption has been rebutted before the jury returns its verdict (§ 3-1901(a)(2)). In practice, that keeps most Maryland owner cases in front of a jury.
When the dog is running at large, the rule is stronger. The owner is liable for any injury the dog causes while running at large unless the injured person was trespassing or committing a crime on the owner's property, committing a crime against someone, or teasing, tormenting, abusing, or provoking the dog (§ 3-1901(c)).
Landlords and others who are not the owner
Maryland's statute treats non-owners differently. In 2012, Maryland's highest court held that owners, and landlords with the right to keep the dog off the premises, were strictly liable for attacks by a dog they knew or had reason to know was a pit bull or pit bull mix (Tracey v. Solesky, 427 Md. 627 (2012)). The General Assembly later responded: for anyone other than the owner, such as a landlord, the common law as it existed on April 1, 2012 applies, without regard to the dog's breed (§ 3-1901(b)).
That earlier common law still allows claims against landlords in the right circumstances. The Court of Appeals held that a landlord whose employees had reported a tenant's dog as vicious, and who could have acted under the lease's no-pets clause, owed a duty to a tenant's guests (Matthews v. Amberwood Associates Ltd. Partnership, 351 Md. 544 (1998)). These cases turn on what the landlord knew and what control it had, so maintenance logs, complaints, and lease terms matter.
D.C. dog bite law
D.C. has no statute making a dog owner automatically liable for every bite; most D.C. claims are proved through negligence, and the District's leash law does much of the work (D.C. Code § 8-1808(a)). An owner or custodian may not allow an animal to go at large, and if a dog injures a person while at large, the owner's lack of knowledge of the dog's vicious propensity, standing alone, does not absolve the owner from a finding of negligence (§ 8-1808(a)(1), (2)).
"At large" means off the owner's or custodian's premises and not leashed, tethered, or otherwise under the control of a person capable of physically restraining the dog, with an exception for official dog parks (D.C. Code § 8-1801(9)). Dogs must also be on a leash or under adequate control on school grounds and in public recreation areas other than dog parks (§ 8-1808(e)).
The duties apply to a "custodian" as well as an owner, meaning someone who has taken responsibility for the dog with the owner's permission (§ 8-1801(10)). Dog walkers and sitters can share responsibility. If the District has previously investigated the dog or found it potentially dangerous or dangerous (D.C. Code § 8-1902), those records can be strong evidence of what the owner knew.
Virginia dog bite law
Virginia has no general statute making dog owners strictly liable for bites; an owner is usually responsible when the owner knew or had reason to know the dog was dangerous, or when the owner violated a leash or at-large law (Butler v. Frieden, 208 Va. 352 (1967)). People sometimes call this the "one-bite rule," but a prior bite is not the only way to prove what an owner knew. Growling, lunging, prior complaints, and warnings from neighbors can all count.
Leash laws are the other path. In Butler, a four-year-old was bitten on a Norfolk sidewalk by an unleashed dog. The owners had no reason to think the dog would bite, but the Supreme Court of Virginia held that violating the city's leash ordinance was negligence in itself because the ordinance was meant to protect people from dog bites. Virginia lets each locality adopt its own leash ordinance (Va. Code § 3.2-6539), so we check the local code where the bite happened.
Virginia also has a dangerous dog process. An animal control or law enforcement officer may seek a summons, and a court that finds a dog dangerous may order the owner to pay restitution, which does not prevent the injured person from pursuing civil remedies (Va. Code § 3.2-6540). No dog may be found dangerous solely because of its breed (§ 3.2-6540(K)).
What defenses do dog owners and insurers raise?
The most dangerous defense in all three jurisdictions is contributory negligence: if the injured person's own negligence contributed to the injury, the insurer will argue the claim is barred entirely. Maryland's highest court has declined to abandon that rule (Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013)), Virginia applies it with a narrow last clear chance exception (Coutlakis v. CSX Transportation, Inc., 293 Va. 212 (2017)), and D.C. applies it too, with a statutory exception for pedestrians and other vulnerable road users in traffic collisions (D.C. Code § 50-2204.52).
Expect the insurer to argue that you reached for the dog, entered a yard uninvited, stepped into a dog fight, or ignored a warning. Insurers also argue assumption of the risk, especially against groomers, walkers, and others who handle dogs. In Maryland, provocation and trespass are written into the running-at-large statute (§ 3-1901(c)).
We answer these arguments with facts gathered early: witness statements, photos of the scene and any fence or gate, the leash or lack of one, and the owner's own statements to animal control. A fast, careful investigation is the best protection against a contributory negligence defense.
Dog bites and children
Children's dog bite claims often involve injuries to the face, head, and neck, scarring, revision surgery as they grow, and fear or anxiety that needs treatment. We work with treating surgeons and, when appropriate, child psychologists to document both the present injury and what the child will need later.
Young children also get legal protection. Maryland's highest court has recognized an exception to contributory negligence for children under five years old (Coleman, 432 Md. 679, discussing Taylor v. Armiger, 277 Md. 638 (1975)). And the filing deadline for a child's own claim generally does not begin to run until the child turns 18 (D.C. Code § 12-302(a)(1); Md. Code, Cts. & Jud. Proc. § 5-201; Va. Code § 8.01-229(A)(1)). Parents' own claims, such as for medical bills, can follow different deadlines, so we do not rely on the extra time.
What to do after a dog bite
- Get medical care. Bites can become infected, and prompt records tie the injury to the bite.
- Identify the dog and its owner or custodian, and ask for proof of rabies vaccination.
- Report the bite to animal control or the police, and ask for the report number.
- Photograph the wounds over time, the location, and any broken fence, gate, or leash.
- Get names and phone numbers of witnesses and neighbors who know the dog.
- Do not give a recorded statement to the owner's insurer before you talk with a lawyer.
Ryan Posey and Jacob Lebowitz are admitted in D.C., Maryland, and Virginia. For how injury law works more broadly in each jurisdiction, see our overviews for D.C. injury cases, Maryland injury cases, and Virginia injury cases.
Frequently asked questions
Is a dog owner automatically liable for a bite in Maryland?
Not automatically, but close. Proof that the dog caused the injury creates a rebuttable presumption that the owner knew or should have known the dog was dangerous (Md. Code, Cts. & Jud. Proc. § 3-1901(a)), and in a jury trial the judge may not decide that the owner rebutted it before the jury returns a verdict. If the dog was running at large, the owner is liable unless the injured person was trespassing, committing a crime, or teasing, tormenting, abusing, or provoking the dog (§ 3-1901(c)).
Does D.C. have strict liability for dog bites?
No. D.C. has no statute making owners automatically liable for every bite, so most claims are proved through negligence. But if a dog injures someone while at large, the owner's lack of knowledge of the dog's vicious propensity does not by itself excuse the owner from a negligence finding (D.C. Code § 8-1808(a)(2)).
Does Virginia follow a one-bite rule?
Partly. A Virginia owner is usually responsible when the owner knew or had reason to know the dog was dangerous, which a prior bite can prove but other warning signs can too. Violating a local leash ordinance can also establish negligence even if the owner had no warning (Butler v. Frieden, 208 Va. 352 (1967)).
Can I hold a landlord or dog walker responsible?
Sometimes. In Maryland, claims against anyone other than the owner, such as a landlord, follow the common law as it stood on April 1, 2012, regardless of breed (Md. Code, Cts. & Jud. Proc. § 3-1901(b)), and a landlord who knew of a dangerous dog and could have acted under the lease can be responsible. In D.C., the leash duties apply to anyone who has taken responsibility for the dog with the owner's permission, such as a walker or sitter (D.C. Code §§ 8-1801(10), 8-1808(a)).
How long do I have to file a dog bite claim?
Two years in Virginia (Va. Code § 8.01-243(A)) and three years in D.C. and Maryland (D.C. Code § 12-301(8); Md. Code, Cts. & Jud. Proc. § 5-101). A child's own claim generally does not start the clock until age 18, but parents' claims can follow different rules, so we do not wait.
Who pays if my child is bitten at a friend's house?
Usually the friend's homeowner's or renter's insurance, through its personal liability coverage. The claim is made against the owner, but the insurer investigates, defends, and pays it up to the policy limits. Many families hesitate because they know the owner; the coverage exists for exactly this situation.
What if the owner says my child provoked the dog?
Provocation is a question of fact, not the end of a case. It is a listed defense under Maryland's running-at-large statute and an argument insurers raise everywhere, and Maryland recognizes an exception to contributory negligence for children under five. We gather witness accounts and scene evidence early to show what actually happened.
Related reading
- Dog bites in the District: strict liability myths and the leash law
- Maryland dog bite law after the pit bull fight
- Dog bites in Virginia: the one-bite myth and how negligence works
- Contributory negligence in D.C., Maryland, and Virginia
- DMV Injury Guide: contributory negligence, the rule that decides most DMV cases
- DMV Injury Guide: gathering evidence while it still exists
Talk to a dog bite lawyer today
Virginia allows only two years to file an adult's dog bite claim, and evidence about a dog's history disappears fast in every jurisdiction. Call us while witnesses still remember what they saw.
Posey Lebowitz PLLC · 3221 M Street NW, Washington, DC 20007
Call (202) 524-0123 or request a free consultation. No fee unless we win your injury case.
Our office is in Georgetown, at 3221 M Street NW in Washington, D.C. We meet clients by phone or video, at their home or in the hospital when that is easier, and we appear in Maryland and Virginia courts.
More than $32 million recovered.
Plus more than $22 million in other assets.
Across more than 250 matters, in the District of Columbia, Maryland, and Virginia.
These case results are examples of matters handled by Posey Lebowitz PLLC. The outcome of any case depends on the specific facts and legal circumstances of that case. These results do not guarantee or predict a similar result in any future matter. Amounts shown are gross recoveries before attorney's fees, case expenses, and medical liens. Asset values are stated as of 2026 and will change.
Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.