A dog bite can cause far more than a puncture wound. Severe bites lead to disfiguring scars, nerve damage, infection, and lasting psychological trauma — particularly in children, who are the most common victims. Delaware has a strict liability statute for dog bites, which means injured victims do not have to prove that the owner was negligent or that the dog had previously shown aggression.
Schuster Jachetti LLP represents Delaware dog bite victims and families. Joseph M. Jachetti, Delaware Bar #003744, has handled premises liability and serious injury matters for over 25 years, and the firm works to document the bite history of the dog, the homeowner’s or renter’s insurance available, and the full medical and psychological consequences for the victim.
Most dog bite claims in Delaware are paid through homeowner’s or renter’s insurance policies. Identifying the right policy and triggering coverage are critical early steps.
How Dog Bite Cases Happen in Delaware
Bites can occur on the dog owner’s property, on public sidewalks, in parks, on neighbors’ properties, and during interactions where the dog escapes a fence or runs from a leash. Children are bitten on the face and neck more often than adults due to their height. Postal carriers, delivery drivers, and utility workers are also at elevated risk.
Delaware’s Dog Bite Statute
16 Del. C. § 3053F (formerly 7 Del. C. § 1711) provides a strict liability standard for dog bites in Delaware. Under this statute, the owner of a dog is liable in damages for any injury, death, or loss to person or property caused by the dog, unless the injury, death, or loss was caused to the body or property of a person who, at the time, was committing or attempting to commit a trespass or other criminal offense on the property of the owner, or who was committing or attempting to commit a criminal offense against any person, or who was teasing, tormenting, or abusing the dog.
What Strict Liability Means
Strict liability means the dog owner is responsible regardless of whether the dog had ever bitten before, regardless of whether the owner knew the dog was dangerous, and regardless of whether the owner was negligent. There is no “one-bite rule” exemption in Delaware.
Defenses Available to the Owner
- The victim was trespassing on the owner’s property
- The victim was committing or attempting a criminal offense
- The victim was teasing, tormenting, or abusing the dog
Provocation is a fact-intensive question. Normal interaction with a dog is not provocation.
Common Dog Bite Injuries
- Lacerations and puncture wounds
- Disfiguring scars, particularly to the face
- Nerve damage
- Crushing injuries to small bones (especially in children’s hands)
- Infection — including rabies risk and bacterial infection
- Tendon and ligament damage
- Psychological trauma — PTSD, anxiety, fear of dogs
Who May Be Liable
Primary liability rests with the dog owner. Other potentially responsible parties include the property owner if different from the dog owner (such as a landlord aware of a dangerous dog), a person who had custody and control of the dog at the time, and in some cases a commercial operator (such as a kennel or daycare).
How Delaware Law Applies to Dog Bite Cases
- 16 Del. C. § 3053F — Delaware dog bite strict liability statute
- 10 Del. C. § 8119 — two-year statute of limitations for personal injury
- 10 Del. C. § 8132 — modified comparative negligence; the statutory defenses largely supplant comparative fault analysis
Damages You May Be Able to Pursue
- Medical expenses — emergency care, surgical repair, plastic surgery, infection treatment
- Future scar revision surgeries
- Lost wages
- Pain and suffering — see what is pain and suffering
- Disfigurement and permanent scarring damages
- Mental health treatment costs
- Loss of consortium
The firm does not promise specific amounts.
Why Children Are Particularly Vulnerable
Children — especially those under age 10 — are bitten more often than adults and are bitten more often on the face, head, and neck because of their height. These injuries can be disfiguring and often require multiple plastic surgery revisions over the years as the child grows. The damages picture in a child dog bite case includes not just the immediate care but anticipated future revision surgeries through adolescence.
Scarring as a Permanent Injury
Facial scarring from dog bites is often permanent. While plastic surgery can improve the appearance, it cannot fully eliminate the scar. Photographs taken at intervals during healing — at the time of injury, after initial healing, at three months, six months, and a year — document the progression and the final result. Delaware juries can consider disfigurement and permanent scarring as separate elements of damages.
The Psychological Aftermath
Dog bite victims, especially children, often develop lasting psychological effects. Fear of dogs, anxiety in unfamiliar places, sleep disturbances, and post-traumatic stress symptoms are commonly reported. Treatment by mental health providers may be appropriate, and the cost of that treatment is part of the damages picture.
Homeowner’s Insurance and Renter’s Insurance
Most dog bite claims in Delaware are paid through homeowner’s or renter’s insurance. The dog owner’s policy typically has liability coverage that includes injuries caused by the dog. Some policies exclude certain breeds or exclude dogs with prior bite history, which can complicate coverage. The firm reviews the policy carefully to identify the available coverage and any exclusions.
Reporting and Public Health
Delaware Animal Services maintains records of dog bite reports. Reporting a bite is important both for public health — rabies surveillance and quarantine — and for evidence purposes. The bite report can document the dog, the owner, and the circumstances, and it can establish the dog’s bite history if there have been prior incidents.
The Insurance Coverage Question
Most homeowner’s insurance policies cover dog bite injuries, but the coverage landscape is changing. Some carriers maintain breed restriction lists, excluding coverage for breeds the carrier classifies as higher risk. Some policies exclude dogs with prior bite history. Some policies cap dog bite recoveries at lower limits than the overall policy. The firm reviews the policy language carefully to identify available coverage.
Renter’s Insurance and Tenant-Owned Dogs
When the dog owner is a renter, the relevant policy is typically the renter’s insurance — not the landlord’s policy. Renter’s insurance is not required in most situations, and many renters do not have it. When there is no insurance, recovery becomes more difficult, though personal assets, wage garnishment, and judgment liens are still options in some cases.
Documentation of Scarring Over Time
Scars change over time. They are typically more red and prominent in the first months and gradually mature. Photographing the scar at the time of injury, after initial healing, and at intervals over the first year provides a comprehensive record for the case. The mature scar is what the jury sees if the case proceeds to trial, and the documented progression supports the claim for permanent disfigurement damages.
Cases Involving Children
Cases involving children proceed under special procedural rules. Settlements typically require court approval, and the proceeds are often placed in restricted accounts or annuities until the child reaches majority. The firm handles these procedural requirements, including the approval process, structured settlement options, and trust arrangements where appropriate.
The Identification of the Dog and Its Owner
Establishing the identity of the dog and its owner is the first practical step in any dog bite case. In bites that occur on the owner’s property, identification is usually straightforward. In bites that occur in public — at a park, on a sidewalk, on a trail — identification can be more difficult. Witness statements, dog license records, animal control reports, and rabies vaccination records can all contribute.
The Rabies Question
Rabies is fatal once symptoms develop, and the question of whether post-exposure prophylaxis is needed must be addressed quickly after a bite. Confirming the dog’s rabies vaccination status (or quarantining the dog to observe for rabies signs) determines whether the bite victim needs the vaccination series. This is a public health question that is also a litigation issue when records are sought.
Plastic Surgery and Future Care
Bites to the face often require plastic surgical repair, sometimes immediately and sometimes with delayed reconstruction. Future revision surgeries to improve appearance can be projected. The cost of these surgeries, the time off work, and the ongoing nature of the care become part of the damages picture.
Working With Schuster Jachetti on a Dog Bite Case
The firm handles dog bite cases from initial evaluation through resolution. Documentation of the bite, identification of insurance coverage, projection of medical needs, and negotiation with the carrier are part of the standard process. For severe bites or for cases involving children, the process can extend over an extended period to capture the full scope of recovery and future needs.
Why Choose Schuster Jachetti LLP for a Delaware Premises Liability Case
Joseph M. Jachetti, Delaware Bar #003744, has practiced personal injury law in Delaware for over 25 years. Before practicing law, he spent 10 years as an insurance claims adjuster, providing direct insight into how property insurance carriers and commercial general liability insurers evaluate, defend, and resolve premises claims. The firm uses that background to anticipate defense strategies and to document the elements that support liability — notice, foreseeability, breach of duty, and causation. Schuster Jachetti LLP represents clients statewide from offices in Wilmington, Smyrna, Georgetown, and Lewes, and works on a contingency fee basis.
Premises cases benefit from prompt investigation. Surveillance footage may be overwritten. Witnesses may be hard to find later. The condition of the property may change. The firm moves quickly to document the scene, preserve evidence, and identify all potentially responsible parties. When cases proceed to discovery, depositions, mediation, or trial, the firm prepares thoroughly with the goal of recovery that addresses the harm.
How Insurance Companies Handle Dog Bite Cases
Joseph Jachetti spent 10 years as an insurance claims adjuster before practicing law. Homeowner’s carriers commonly argue that the victim provoked the dog, that the bite was less severe than claimed, or that scarring will fade. Joseph Jachetti uses his prior adjuster experience on behalf of clients during negotiations and documents scarring with photographs over time.
Steps to Take After a Dog Bite
- Get medical attention immediately — wash the wound thoroughly
- Identify the dog and owner; get contact information
- Confirm the dog’s rabies vaccination status
- Report the bite to Delaware Animal Services
- Photograph injuries — and continue to photograph as healing progresses
- Get witness contact information
- Do not sign anything without legal review
- Contact a Delaware dog bite attorney quickly
Frequently Asked Questions
How long do I have to file a dog bite claim in Delaware?
Generally two years from the date of injury under 10 Del. C. § 8119. For a minor child, the statute may be tolled until the child reaches 18, with limits. More on Delaware deadlines.
What if the dog has never bitten before?</h3
It does not matter. Delaware’s strict liability statute does not require prior bites or knowledge of dangerousness.
The bite happened at a friend’s house. Do I really have to sue my friend?
The claim is generally against the homeowner’s insurance, not the friend personally. Most cases are resolved without ongoing personal financial impact on the friend.
How much does a Delaware dog bite lawyer cost?
The firm works on a contingency fee. More on contingency fees.
What is my dog bite case worth?
Value depends on the injury, scarring, psychological impact, and available insurance. Read about case valuation.
Schuster Jachetti LLP Serves Delaware Clients Statewide
From four offices: Wilmington ((302) 966-8684), Smyrna ((302) 775-0728), Georgetown ((302) 877-9524), Lewes ((302) 527-9513).
Talk to a Delaware Dog Bite Lawyer Today
Call (302) 984-1000 for a free consultation. Joseph M. Jachetti, Delaware Bar #003744, has handled dog bite cases for over 25 years.
Free Dog Bite Case Review
Free consultation. No fee unless we recover compensation for you.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
Talk to a Delaware Attorney
Free consultation. No fee unless we recover compensation for you.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.