Meet your host:
 Attorney Kenneth Phillips is the author of this web site. He has a unique law practice: he represents only people who have been bitten by a dog.
His clients include children and adults throughout the United States.
Mr. Phillips welcomes E-mail from visitors to this website, especially dog bite victims and their families. He responds personally and answers questions for free. Click here to write to him and receive his personal reply within hours (his E-mail address is kphillips@dogbitelaw.com). Reporters seeking interviews or information are welcome to click here.
Mr. Phillips is widely recognized as the nation's leading authority on dog bite law. A frequent guest on CNN, NBC, CBS, ABC, MS-NBC, Fox News Channel, and Court TV, he has been called "the dog bite king" (Today Show and Lawyers Weekly), "a leading expert in dog bite law" (Good Housekeeping), and "the nation's best known practitioner of terrier torts" (Los Angeles Times).
Find out more about him at Meet Kenneth Phillips.
Overview of Dog Bite Law :
American dog bite law consists of civil and criminal law, found in state statutes, county and city ordinances, and court decisions The laws vary widely among jurisdictions.
The key issue in a dog bite case is the extent to which the jurisdiction follows the old English "one bite rule." This ancient law shields a dog owner or harborer from liability, civilly and criminally, until he has a certain degree of knowledge that his dog is dangerous or vicious. Upon learning this, however, the rule makes the owner strictly liable for bite injuries.
Injuries caused by negligent handling or confinement of a dog, or by violating a leash law, make a dog owner liable in almost all states. In roughly two-third of the states, a dog owner also has statutory liability for bites, meaning that simply owning the dog makes the owner liable, as long as the victim was not trespassing and did not provoke the dog.
To learn about the civil laws, start at Legal Rights of Dog Bite Victims in the USA. For criminal laws, go to Dangerous and Vicious Dogs. For model laws that create a fair balance between the rights of the community and dog owners, see Model Dog Bite Laws.
To help decide what to do after a dog bite, read Does an Adult Need a Lawyer for a Dog Bite Claim? or Should Parents Get a Lawyer for Their Injured Child?
To learn the statistics and how to prevent dog bites, go to the list of topics in For Journalists, Lawmakers and Academics.
Dog Attack Danger Scale:
Dog attacks are associated with one or more of the following circumstances:
- More than one dog in their own yard, and no master present.
- Pit bull, Rottweiler, Akita or Chow. Most fatal dog attacks are by pit bulls or Rottweilers. The two other breeds that Attorney Kenneth Phillips sees most in his law practice are Akitas and Chows.
- The pack mentality. Three dogs are worse than 2, 4 are worse than 3, etc. Docile dogs often become uncharacteristically violent and vicious when they are in a pack.
- Chained or tethered. Dogs that are tied up are dangerous.
- Male. Male dogs are several times more dangerous than female dogs. Unneutered male dogs are the worst.
The presence of any one factor indicates danger. Two or more factors should be avoided at all costs. For more information, see Dangerous and Vicious Dogs, Why Dogs Bite People, and Preventing Dog Bites.
Search the Dog Bite Law Website :
Try the Index, the Glossary, or Google Search:
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The Dog Bite Law Bookstore :
What To Do If Your Dog Is Injured Or Killed
by Attorney Kenneth Phillips is a legal self-help book that tells a dog owner how to get reimbursed for vet bills,
and compensated for your anguish when your dog is wrongfully injured or killed.
Download immediately and use today.
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Pleadings, interrogatories, admissions, document production, a 50-topic deposition outline, and much more.
Save hours of work with Mr. Phillips'
Dog Bite Litigation Forms.
Only for plaintiffs' lawyers. Good in all states. Cheaper than the cost of typing them.
Download immediately and use today.
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Tips and tricks that cannot be found anywhere else.
Anatomy of a Dog Bite Case
is a video of Mr. Phillips' 2-1/2 hour seminar for plaintiffs' lawyers.
Learn strategies and tactics, the new causes of action, how to overcome all of the common defenses,
how to settle your case, and more. Inexpensive. Good in all states.
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Avoiding Liability When You Train,
Shelter or Adopt Out is "a necessity for every serious canine professional."
For trainers, adoption and rescue groups, and shelters. Includes Mr. Phillips' 1-1/2 hour seminar on a DVD,
and a CD ROM of ready-to-use legal documents that will help prevent trouble before it begins.
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In the news:
Persons killed by dogs in October 2008:
Two Americans died from a dog attack in October 2008.
Two-month-old Iokepa Liptak, a resident of Honolulu, Hawaii, was killed by his parents' dog on October 5, 2008. He is the 17th USA victim of a fatal dog attack in 2008. Hawaii has a dog bite statute that has been interpreted as essentially re-enacting the one bite rule (see above, this page).
On October 31, 2008, 62-year-old Chester R. Jordan of Muncie, Indiana, was killed by three of his own pitbulls, inside his residence. Indiana imposes strict liability on not only the owner, but also the possessor, keeper or harborer of the dog, but they are strictly liable only if the victim is a mail deliverer or other official.
For details about these deaths and others, see The Dog Bite Victim Log and Dangerous and Vicious Dogs.
Persons killed by dogs in November 2008: So far this month, no Americans have been killed by a dog.
The death count in 2007-2008: The USA has sustained a total of 18 fatal dog attacks in 2008. There were 33 in 2007. For details and a month-by-month breakdown of canine homicides since July 2006, see Dangerous and Vicious Dogs. For Attorney Kenneth Phillips' commentaries about such attacks and other issues related to dog bite law, go to The Dog Bite Victim Log.
 Abolish the "one bite rule" and prevent dog bites: In 2007, there were 18 fatal attacks in the 18 one bite states and three "mixed" states. In contrast, there were only 15 fatal attacks in the 29 statutory strict liability states. These statistics support the view that the one bite rule needs to be replaced in the 18 one bite states and three mixed states that continue to rely upon it.
The one bite rule actually protects dog owners from their own negligence, even if it results in the death of another person. This old English law demands little or no vigilance on the part of dog owners. A single dog owner can own one biting dog after another, without fear of civil liability, because every dog gets that one free bite, mauling or killing. To learn more about the deadly one bite rule, click here.
Twenty-nine American states have completely rejected the one bite rule because its primary effect in modern times is to prevent dog bite victims from making insurance claims for anything more than medical expenses. Dog bites are covered by liability insurance, such as homeowners, renters and some umbrella insurance policies, but the victim still must prove that his claim rests on legal grounds. The one bite rule makes this difficult or impossible in many cases, and therefore benefits insurance companies at the expense of the injured, who are mostly children.
There should be no right to bite. The one bite rule should be rejected in every state and every country. Children in one bite states like Texas, North Carolina and Maryland are entitled to the same rights as kids in strict liability states.
Famous dog bite cases: The Diane Whipple case (People v. Knoller). The Lilian Stiles case (Texas v. Jose Hernandez). For more news and opinion: Read the "editorial section" of Dog Bite Law. Hard-hitting and opinionated, it covers the daily news about dogs (from killings of humans, to cruelty, to new and sometimes terrible laws for dog owners), and presents Attorney Kenneth Phillips' brutally incisive opinions about laws, mistakes and moral issues involving dogs.
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Dog Bite Litigation Forms
Here are some of the most controversial and important cases and issues in dog bite law. These topics are for students in high school, college or law school who wish to write about dogs and the law.