## Who pays when a dog bites someone in Delaware? Every state has a rule for when the owner of a biting dog has to pay for the injuries. The rules fall into three categories. ### Delaware's rule (16 Del. C. § 3053F) **Strict liability**. The dog owner is liable for damages caused by the bite even if they had no reason to suspect the dog was dangerous. Whether the dog had ever bitten before is irrelevant — the owner pays. ## What you typically have to prove In a strict-liability state, the case usually comes down to: - The dog bit (or attacked) the plaintiff - The plaintiff was lawfully where they were - The plaintiff did not provoke the dog - The damages Crucially, you do NOT have to prove the owner knew the dog was dangerous, or that the dog had ever bitten before. ## Common defenses - **Trespasser** — the victim was on the property without permission - **Provocation** — the victim hit, teased, or otherwise provoked the dog - **Comparative negligence** — the victim's own carelessness contributed to the bite - **Veterinarian / professional handler rule** — vets, groomers, and handlers assume some risk of being bitten - **Police / military dog exception** — dogs used in lawful law-enforcement activities ## What damages can be recovered - **Medical bills** — including future care for scars and reconstructive surgery - **Lost wages** — and lost earning capacity if injuries are permanent - **Pain and suffering** - **Disfigurement / scarring** — particularly significant for facial injuries to children - **Emotional distress / PTSD** — common in severe attacks - **Property damage** — torn clothes, damaged personal items ## Insurance is usually how this gets paid Most dog-bite claims are paid by the dog owner's homeowner's insurance or renter's insurance — not out of the owner's pocket. Some insurers exclude specific breeds (rottweilers, pit bulls, certain mixes) or refuse to insure dogs with prior bites. Check the policy. ## Reporting requirements Most Delaware cities and counties require dog bites to be reported to the local health department or animal control within a short window — typically 24-72 hours — to start the rabies-observation process. Reporting also creates an official record that helps a later civil claim. ## Time limits Dog-bite claims are personal-injury claims and follow your state's general personal-injury statute of limitations (usually 2-3 years from the bite). Don't wait — evidence disappears quickly and witnesses move. ## What you should do If you've been bitten in Delaware: get medical care immediately, take photos of the injuries, get the owner's name and insurance information, file a report with animal control, and call a personal-injury attorney before talking to anyone's insurance company. Most Delaware dog-bite attorneys offer free consultations and work on contingency. --- *This guide is general information about Delaware law as of early 2026 and is not legal advice. Dog-bite rules have edge cases and exceptions; talk to a licensed Delaware attorney about your specific situation.*