Delaware’s dog bite framework departs from the older common-law “one bite” rule and adopts strict liability. The result is a more victim-friendly system that focuses the case on damages rather than the owner’s prior knowledge of the dog’s dangerous tendencies.
The Detailed Answer
The Delaware General Assembly placed the dog bite statute in Title 16 — the public health title — at § 3053F. The placement reflects the public-health character of dog attacks: a matter of public concern that the legislature has chosen to address through clear liability rules.
The Strict Liability Provision
The statute generally provides that the owner of a dog is liable in damages for any injury, death, or loss to person or property caused by the dog, regardless of whether the owner knew of any prior dangerous propensities.
The Statutory Exceptions
Strict liability under § 3053F generally does not apply when, at the time of the injury, the injured person was:
- Trespassing on the dog owner’s property
- Committing or attempting to commit a crime
- Tormenting, abusing, or assaulting the dog
These exceptions place the burden on the dog owner to prove their applicability when invoked as a defense.
What Counts as the Owner
The statute generally focuses on the dog’s owner. Delaware case law and other statutes may also reach others — keepers, harborers, dog walkers — under different theories of liability. Landlords who allowed a known dangerous dog on the property can sometimes be sued under negligence theories separate from the statute.
Coverage
Dog bite claims are typically covered under the dog owner’s homeowner’s or renter’s insurance policy, though some policies contain breed-specific exclusions or limit coverage for animal-related claims. An attorney can help identify the available coverage.
Statute of Limitations
The two-year personal injury statute of limitations at 10 Del. C. § 8119 applies to dog bite claims. Under 10 Del. C. § 8116, the period is generally tolled for minors until 3 years after they reach the age of majority — meaning until age 21.
What This Means for Your Case
Delaware’s strict liability framework may dramatically simplify dog bite cases compared to states that still require proof of prior dangerousness. The case typically focuses on whether the bite happened, what the damages are, and whether any of the statutory exceptions apply. Modified comparative negligence at 10 Del. C. § 8132 may apply in some circumstances, and an attorney can analyze how it interacts with the strict liability rule.
Related Questions
Q: Does the statute apply outside Delaware?
The statute applies to bites that occur in Delaware. A Delaware resident bitten in another state would generally be subject to that state’s law.
Q: What if the dog only knocked me down without biting?
The statute reaches “injury” generally, not just bites. Knockdowns and other dog-caused injuries may also be covered, depending on the facts.
Q: What if the owner says I provoked the dog?
The provocation exception requires actual tormenting, abuse, or assault — not minor interaction. Petting a dog or walking past it does not generally constitute provocation.
When to Talk to a Delaware Dog Bite Lawyer
Dog bite cases benefit from quick documentation, animal control reports, and clear medical records. Joseph M. Jachetti — Delaware Bar #003744 — has experience handling Delaware dog bite claims and previously spent ten years as an insurance claims adjuster. Read about Joseph, our premises liability practice, and related questions like suing for a dog bite and dogs with no prior bite history.
Free Consultation
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. For advice on your specific situation, contact Schuster Jachetti LLP.
Have a Question About Your Case?
Get a free, confidential consultation with a Delaware attorney.
📞 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.