Yes — Delaware imposes strict liability on dog owners for injuries caused by their dogs under 16 Del. C. § 3053F. An injured person generally does not need to prove the owner knew the dog was dangerous or that the owner was negligent. The statute provides a clear basis for civil claims arising from dog bites.
Delaware is a strict liability state for dog bites — a friendlier framework for victims than the “one bite” rule that still governs in some other states. If a dog bit you in Delaware, the analysis starts with the strict liability statute.
The Detailed Answer
Delaware’s dog bite statute is found at 16 Del. C. § 3053F. It establishes strict liability for dog owners whose dogs cause injury, with limited exceptions.
Strict Liability
Strict liability means the injured person does not need to prove the owner was negligent or that the owner knew the dog was dangerous. The owner is responsible for injuries caused by the dog, subject to the statutory exceptions. This is a substantial advantage compared to fault-based dog bite states.
Statutory Exceptions
Delaware’s strict liability statute generally does not apply when the injured person was:
- Trespassing on property at the time of the bite
- Committing or attempting to commit certain crimes
- Tormenting, abusing, or assaulting the dog
Who Can Be Sued
The dog’s owner is the primary defendant. In some cases, others may share responsibility — landlords who knew of a dangerous dog and failed to act, dog walkers, and dog sitters can sometimes face claims under separate theories.
Damages
Available damages may include:
- Medical expenses (emergency care, plastic surgery, infection treatment, dental work)
- Future medical and reconstructive costs
- Lost wages
- Pain and suffering
- Permanent scarring and disfigurement
- Psychological trauma, particularly significant in child cases
The Two-Year Deadline
Delaware’s general personal injury statute of limitations at 10 Del. C. § 8119 applies — two years from the date of the bite. The limitations period may be tolled for minors.
What This Means for Your Case
If you were bitten by a dog in Delaware, the strict liability statute likely simplifies the liability question and lets the case focus on damages. Photos of the injury, medical records, animal control reports, and witness statements all help build the case. The owner’s homeowner’s or renter’s insurance frequently provides coverage for dog bite claims, though some policies exclude certain breeds.
Related Questions
Q: What if the dog had never bitten anyone before?
Strict liability under 16 Del. C. § 3053F does not require a prior bite. Delaware’s statute removed the “one bite” rule for typical dog bite cases.
Q: What if I was at the owner’s home?
Lawful visitors are generally protected by the statute. Trespassers face the statutory exception, but invited guests, delivery drivers, and others lawfully on the property are typically covered.
Q: What if my child was bitten?
Cases involving child victims often involve significant scarring, psychological trauma, and reconstructive surgery. Delaware tolls the limitations period for minors, but evidence preservation should still happen quickly.
When to Talk to a Delaware Dog Bite Lawyer
Delaware dog bite claims benefit from prompt attention to documentation and animal control reporting. Joseph M. Jachetti — Delaware Bar #003744 — has experience handling Delaware premises liability claims, including dog bite cases, and previously spent ten years as an insurance claims adjuster. Read about Joseph, our dog bite practice, and related questions like the Delaware dog bite statute and dogs with no prior bite history.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.