Personal Injury Cases Involving Dog Bites: What You Need to Know
Dog bites can result in serious physical injuries, emotional trauma, and financial hardship. In Rhode Island, victims of dog attacks have legal rights that allow them to pursue compensation for their injuries. However, like any personal injury claim, dog bite cases require a clear understanding of the law, proper evidence, and timely action.
Whether you’ve been injured by someone else’s dog or you're a dog owner trying to understand your liability, here’s what you need to know about personal injury cases involving dog bites in Rhode Island.
Rhode Island’s Dog Bite Law
Rhode Island applies a strict liability standard when it comes to dog bite injuries — at least under certain circumstances. This means that a dog owner can be held legally responsible for a bite even if the dog had never shown aggression before and even if the owner wasn’t negligent.
According to the State of Rhode Island General Assembly, under Rhode Island General Laws § 4-13-16, “If any dog shall, while outside the enclosure of the owner or keeper, assault, bite, or otherwise injure any person who is peaceably walking or riding, the owner or keeper shall be liable to the person injured for all damages sustained.”
This means that if the dog was off the owner’s property and injured someone, the owner is automatically liable, regardless of whether the dog had a history of aggression. Keep in mind that he injured person must have been acting lawfully and peacefully at the time of the incident (not trespassing or provoking the dog).
What If the Bite Happens on the Owner’s Property?
Additionally, if the dog bite occurs on the owner’s property, the strict liability statute doesn’t automatically apply. In these cases, the victim must prove that the owner knew or should have known the dog had dangerous tendencies — commonly referred to as the “one-bite rule.”
Under the one-bite rule, the injured person must show that:
The dog had previously shown aggression or bitten someone.
The owner was aware (or should have been aware) of this behavior.
The owner failed to take reasonable steps to prevent the bite.
This difference in liability standards makes the location of the incident an important factor in Rhode Island dog bite cases.
Common Injuries in Dog Bite Cases
Dog bites can cause more than just minor wounds. In severe cases, they may lead to:
Deep lacerations and puncture wounds
Broken bones
Facial disfigurement
Nerve damage
Infection, including rabies or sepsis
Post-traumatic stress disorder (PTSD)
Scarring that requires plastic surgery
Victims often require emergency treatment, reconstructive surgery, ongoing therapy, and time off work. This is why it’s important to pursue compensation when an injury is caused by another person’s negligence or a dog’s unprovoked aggression.
Who Can Be Held Liable?
Furthermore, in most Rhode Island dog bite cases, the owner or keeper of the dog is the primary party held liable. But depending on the circumstances, others may also be responsible, including:
Landlords who allow dangerous dogs on rental property
Dog walkers or temporary keepers who had control of the dog at the time
Property owners who knowingly permit a vicious dog on their premises
Establishing liability often requires evidence of ownership, control, and knowledge of the dog’s behavior.
Damages You Can Recover in a Dog Bite Case
If you’ve been bitten or injured by a dog in Rhode Island, you may be entitled to compensation for:
Medical expenses (past and future)
Lost wages and loss of earning capacity
Pain and suffering
Emotional distress or trauma
Scarring or disfigurement
Loss of enjoyment of life
Property damage (such as torn clothing or damaged personal items)
In extreme personal injury cases involving gross negligence or deliberate misconduct, punitive damages may also be awarded.
Comparative Negligence in Rhode Island
Rhode Island follows a pure comparative negligence system. This means that even if you were partially at fault for the dog bite, you can still recover compensation — but your damages will be reduced by your percentage of fault.
For example, if a court finds you 30% responsible because you ignored warning signs or provoked the dog, and your total damages are $100,000, you would still receive $70,000.
This makes it especially important to work with an attorney who can help minimize any unfair claims of shared fault.
Steps to Take After a Dog Bite in Rhode Island
If you’ve been bitten by a dog, here’s what you should do immediately:
1. Seek Medical Attention
Your health is the top priority. Dog bites can become infected quickly and may require stitches, antibiotics, or even surgery. Getting prompt treatment also creates medical records that can support your legal claim.
2. Report the Incident
In Rhode Island, dog bites must be reported to the local animal control authority. This helps document the incident and may uncover whether the dog has a history of aggressive behavior.
3. Document the Scene
If you’re able, gather as much information as possible:
Name and contact information of the dog owner
Breed and description of the dog
Photos of injuries, the dog, and the location
Witness statements
Your own account of what happened
The more detailed your documentation of the incident is, the better.
4. Avoid Speaking With the Owner’s Insurance Company
Insurance adjusters may reach out quickly to offer a settlement or ask for a statement. It’s best to avoid speaking to them directly until you’ve consulted a personal injury attorney.
5. Consult an Experienced Rhode Island Dog Bite Attorney
An attorney can help evaluate your case, gather necessary evidence, and negotiate with insurers to pursue maximum compensation on your behalf.
Statute of Limitations in Rhode Island Dog Bite Cases
In Rhode Island, you have three years from the date of the injury to file a personal injury lawsuit related to a dog bite. This time limit is known as the statute of limitations.
Failing to file within this timeframe can result in your case being dismissed, so it’s critical to speak with a lawyer as soon as possible to preserve your rights.
What If a Child Is Bitten?
Children are among the most common victims in dog bite cases, and their injuries are often more severe. Rhode Island courts recognize that children may not fully understand how to safely interact with dogs, which may limit findings of comparative negligence.
When a minor is injured, a parent or guardian can file a claim on their behalf. Any settlement involving a child may require court approval to make sure that the compensation is managed appropriately.
Do Homeowners’ Insurance Policies Cover Dog Bites?
In many cases, yes. Most homeowners’ insurance policies in Rhode Island provide coverage for dog bite injuries, even if the incident occurred off the insured property. Coverage limits and exclusions vary by policy.
However, some insurers exclude certain breeds (like pit bulls or Rottweilers) or deny coverage for dogs with a known history of aggression. An experienced attorney can help identify all available insurance policies and coverage options.
Defenses Dog Owners May Use
Dog owners and their insurers may try to avoid liability using defenses such as:
Provocation: Claiming the victim provoked the dog by teasing, hitting, or threatening it
Trespassing: Arguing the victim was unlawfully on the property
Assumption of risk: Suggesting the victim willingly accepted the risk (e.g., a veterinarian or dog groomer)
Even if these defenses are raised, they don’t automatically defeat a claim — but they do highlight the need for legal representation to challenge such arguments effectively.
Contact Basso Law LLC
If you've been injured by a dog, understanding your rights and acting quickly can make all the difference in securing compensation. Attorney Jessica Basso serves clients in Providence, Rhode Island; Newport, Rhode Island; and the surrounding areas. Reach out today for assistance with your personal injury case.
