Delaware’s strict liability dog bite statute at 16 Del. C. § 3053F generally does not require proof that the dog had previously bitten anyone. Owners are typically responsible for injuries caused by their dogs even on the dog’s first bite, subject to limited statutory exceptions.
Some states still apply the old common-law “one bite” rule, requiring an injured person to prove that the dog had a known history of dangerous behavior. Delaware does not. The strict liability framework at § 3053F removes that hurdle for most dog bite victims.
The Detailed Answer
The shift from “one bite” to strict liability reflects a policy choice by the Delaware legislature: the cost of dog injuries should generally fall on the dog’s owner, not on the injured person who may have done nothing wrong.
The One-Bite Rule (and Why Delaware Abandoned It)
Under traditional common-law rules in some states, an injured person had to prove that the owner knew of the dog’s dangerous propensities. The first bite was effectively “free,” because the owner could not be on notice without prior incidents. Delaware’s adoption of strict liability removed that hurdle.
What Strict Liability Means in Practice
An injured person typically does not need to prove:
- That the dog had bitten anyone before
- That the dog had shown aggression before
- That the owner had been warned
- That the owner failed to use a leash or muzzle
The case generally proceeds on the question of whether a bite (or other dog-caused injury) occurred, what damages resulted, and whether any statutory exception applies.
Why Owners Sometimes Argue No Prior History
Defendants in Delaware dog bite cases sometimes still argue lack of prior bite history. Two reasons stand out:
- To support an argument that the bite was unforeseeable and the damages should be reduced
- To argue that one of the statutory exceptions applies (provocation, criminal activity, or trespass)
Lack of prior history does not, by itself, defeat a strict liability claim under the statute.
Insurance and Settlement Considerations
Insurers may try to use lack of prior bite history in settlement negotiations to push for a lower number. An attorney familiar with the strict liability framework can push back when those arguments lack legal weight.
What This Means for Your Case
If you were bitten by a Delaware dog, do not let the owner or insurer convince you the case has no merit because the dog had never bitten before. Delaware’s statute at 16 Del. C. § 3053F does not require it. The two-year statute of limitations at 10 Del. C. § 8119 applies, and the case typically focuses on damages rather than the dog’s history.
Related Questions
Q: Does it matter if the dog had shown aggression before?
It can be relevant evidence — particularly if the owner ignored warning signs — but it is not required to establish liability under the strict liability statute.
Q: What if the owner says the dog is friendly?
The owner’s belief about the dog’s temperament does not generally affect liability under the strict liability statute. The dog’s actual conduct is what matters.
Q: What if I was the first person ever bitten?
Delaware’s strict liability rule applies to first bites as well as subsequent ones. The lack of prior victims does not bar your claim.
When to Talk to a Delaware Dog Bite Lawyer
Dog bite cases benefit from prompt documentation and an attorney familiar with the strict liability statute. Joseph M. Jachetti — Delaware Bar #003744 — has experience handling Delaware dog bite claims and previously worked as an insurance claims adjuster for ten years. Read about Joseph, our premises liability practice, and related questions like the Delaware dog bite statute and suing for a dog bite.
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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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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.