Delaware Dog Bite Laws: Liability and Victim Rights

Under 16 Del. C. § 3053F, Delaware imposes strict liability on dog owners for any injury, death, or property loss their dog causes, regardless of the dog's prior behavior. Owners escape liability only if the injured person was trespassing, committing a criminal offense, or teasing and tormenting the dog.

Estimate your claim: Use our free Delaware Dog Bite Settlement Calculator to see a rough settlement range based on the medical bills, the bite location, the victim's age, and Delaware's liability rule.

How Delaware Dog Bite Liability Works

Delaware is a strict liability state for dog bite injuries. Under 16 Del. C. § 3053F, the owner of a dog is liable in damages for any injury, death, or loss to person or property caused by that dog. The owner does not need to have known the dog was dangerous. The victim does not need to prove negligence.

This law is one of the broadest dog owner liability statutes in the country. It covers more than just bites. Any injury caused by a dog falls under this statute, including being knocked down, chased, or scratched. Property damage is also covered.

What Victims Must Prove

To recover damages under Delaware's strict liability law, a victim must prove three things:

1. The defendant owned or kept the dog
2. The dog caused the injury, death, or property loss
3. The victim was lawfully present where the incident occurred

The victim does not need to prove:

• The owner knew the dog had aggressive tendencies
• The dog had bitten anyone before
• The owner failed to use reasonable care

This makes Delaware more favorable to victims than "one-bite rule" states, where owners only become liable after their dog has shown a history of aggression.

Legal Defenses Available to Dog Owners

Even under strict liability, Delaware law provides three specific exceptions where a dog owner is not liable for damages. These exceptions are written directly into 16 Del. C. § 3053F.

Trespassing or Criminal Activity on the Owner's Property

If the victim was committing or attempting to commit a trespass or other criminal offense on the dog owner's property at the time of the incident, the owner is not liable. This applies to burglars, trespassers, and anyone else unlawfully on the premises.

Criminal Offense Against Any Person

If the victim was committing or attempting to commit a criminal offense against any person at the time of the bite, the owner is not liable. For example, if someone was assaulting the dog owner and the dog bit the attacker, the owner would have a valid defense.

Teasing, Tormenting, or Abusing the Dog

If the victim was teasing, tormenting, or abusing the dog when the bite occurred, the owner is not liable. This includes hitting, poking, pulling the tail, or otherwise provoking the animal.

Comparative Negligence Does Not Apply to Strict Liability Dog-Bite Claims

Delaware's general comparative negligence statute, 10 Del. C. § 8132, applies to ordinary negligence actions: a plaintiff whose fault is not greater than the defendant's may recover, with damages reduced by their percentage of fault, while a plaintiff who is 51% or more at fault recovers nothing.

This fault-apportionment rule does not govern recovery under Delaware's dog-bite statute. 16 Del. C. § 3053F imposes strict liability and lists its own limited, all-or-nothing defenses (trespass or an attempted criminal offense on the owner's property, a criminal offense against a person, or teasing, tormenting, or abusing the dog). If none of those defenses applies, the owner is fully liable, and the victim's own degree of care does not reduce the award under this statute.

Damages You Can Recover After a Dog Bite

Dog bite victims in Delaware may pursue both economic and non-economic damages.

Economic Damages

Non-Economic Damages

Because Delaware applies strict liability, victims can typically recover both categories of damages without proving the owner was negligent.

Dangerous and Potentially Dangerous Dog Designations

Delaware law establishes a formal process for designating dogs as "dangerous" or "potentially dangerous" under 16 Del. C. §§ 3073F through 3080F. These designations carry additional requirements for dog owners.

Potentially Dangerous Dog

A Justice of the Peace Court may declare a dog potentially dangerous if it finds, by clear and convincing evidence, that the dog has:

• Attacked or inflicted physical injury on a person
• Attacked or inflicted serious physical injury on a domestic animal (while the animal was on its owner's property or under their immediate control)
• On more than 1 occasion, chased or pursued a person in an apparent attitude of attack on the streets, sidewalks, or any public or private property other than the dog owner's property
• On more than 1 occasion, caused unprovoked physical injury to a domestic animal (while the animal was on its owner's property or under their immediate control)
• On more than 1 occasion, behaved in a manner a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more people, companion animals, farm animals, or domestic animals

The statute attaches no time limit to the "more than 1 occasion" criteria. Two qualifying incidents count no matter how far apart they occurred.

Owner requirements for a potentially dangerous dog. Under 16 Del. C. § 3077F(c), every one of the following is mandatory, and keeping the dog without them is unlawful:

• Spay or neuter the dog
• Keep the dog indoors or in a securely fenced yard or enclosure it cannot escape while on the owner's property
• When the dog is off the owner's premises, keep it securely muzzled, restrained by a substantial leash that is not retractable and does not exceed 6 feet, and under the physical control of a responsible adult
• Display a conspicuous sign on the premises warning that a potentially dangerous dog is present, visible and legible from the public highway or 100 feet, whichever is less
• Immediately notify the Department if the dog is loose or unconfined, attacks a person or domestic animal, is moved to another address, or dies
• License the dog
• Vaccinate the dog against rabies
• Microchip the dog and register the microchip to the owner
• Meet any other condition the court deems reasonable

If no additional incidents occur within 24 months, the dog loses its "potentially dangerous" designation. This automatic 24-month expiration applies only to designations made before August 29, 2024; designations made on or after that date do not automatically expire under this provision.

Dangerous Dog

A Justice of the Peace Court may declare a dog dangerous if it finds, by clear and convincing evidence, that the dog has:

• Killed or inflicted serious physical injury on a person
• Killed or inflicted serious physical injury on a domestic animal (while the animal was on its owner's property or under their immediate control)
• Inflicted physical injury on a person or a domestic animal after the dog had already been declared potentially dangerous

Ordinary physical injury to a person is not by itself enough for a dangerous designation. It supports one only under that third criterion, after a prior potentially dangerous ruling.

Owner requirements for a dangerous dog. Under 16 Del. C. § 3076F(b), most of the duties mirror the potentially dangerous list: spay or neuter, secure muzzling and a non-retractable leash of 6 feet or less under the physical control of a responsible adult whenever the dog is outside its enclosure, a conspicuous warning sign, immediate notice to the Department, licensing, rabies vaccination, microchipping registered to the owner, and any other condition the court deems reasonable. Two requirements are specific to a dangerous dog:

• Obtain and maintain liability insurance of at least $100,000 covering damage or injury caused by the dog
• Confine the dog within a proper enclosure, a stricter standard than the indoor or securely fenced yard allowed for a potentially dangerous dog

Penalties for Violations

Delaware substantially rewrote this penalty structure effective August 29, 2024 (84 Del. Laws c. 390). Under 16 Del. C. § 3079F, possessing a dangerous dog or a potentially dangerous dog in violation of the statute's confinement and registration requirements now carries a flat civil penalty:

If the owner does not reimburse the Department for the dog's care costs within 10 days of a dangerous or potentially dangerous dog ruling (or arrange a court-approved payment plan), ownership of the dog transfers to the Department under 16 Del. C. § 3078F. The Department may then dispose of the dog by euthanasia.

Breed-Specific Legislation Is Banned in Delaware

In 2017, Governor John Carney signed House Bill 13, which prohibits any municipality in Delaware from enacting breed-specific ordinances or regulations. No dog in Delaware can be declared potentially dangerous or dangerous based solely on its breed or perceived breed.

This means there are no pit bull bans, Rottweiler restrictions, or other breed-based rules anywhere in the state. All dangerous dog determinations must be based on the individual dog's behavior, not its breed.

Dog Owner Responsibilities Under Delaware Law

Beyond the dangerous dog statutes, dog owners in Delaware have several general legal obligations:

• Leash laws: Many Delaware municipalities require dogs to be leashed in public areas. Check your local ordinances for specific rules.
• Confinement: Dogs must be securely confined on the owner's property. Dogs found running at large may be impounded under 16 Del. C. § 3054F.
• Rabies vaccination: Delaware law requires dogs to be vaccinated against rabies.
• Licensing: Most jurisdictions require dogs to be licensed and registered with local animal control.

Violating these requirements does not change the strict liability analysis, but it can strengthen a victim's case if the owner was also negligent.

Statute of Limitations for Dog Bite Claims

Under 10 Del. C. § 8119, the statute of limitations for personal injury claims in Delaware is 2 years from the date the injury occurred. This deadline applies to all dog bite claims.

Key points about the filing deadline:

• The clock starts on the date of the bite
• If you miss the 2-year deadline, the court will almost certainly dismiss your case
• Minors may have extended deadlines under Delaware's tolling provisions
• Claims against government entities (such as a state-owned dog or a dog at a government facility) may have shorter notice requirements
• Property damage claims also carry a 2-year statute of limitations

Do not wait until the deadline approaches to take action. Evidence becomes harder to gather, witnesses forget details, and medical records become less clear over time. While the bite is still recent, ask a Delaware dog bite lawyer for a free consultation on gathering that evidence and filing within the two years (attorney advertising).

Landlord Liability for Dog Bites in Delaware

Landlords in Delaware may face liability for dog bite injuries caused by a tenant's dog, but only under limited circumstances. A landlord is not automatically liable just because a tenant's dog bites someone on the property.

A landlord may be held liable if all of the following conditions are met:

1. The landlord knew the tenant's dog was dangerous (through complaints, prior incidents, or visible aggressive behavior)
2. The landlord had the legal authority to remove the dog (through lease terms or local ordinances)
3. The landlord failed to take reasonable steps to address the danger

Attacks in common areas (hallways, parking lots, shared yards) are more likely to result in landlord liability because landlords have greater control over those spaces.

Landlords should consider including clear pet policies in lease agreements and requiring tenants with dogs to carry renter's insurance with liability coverage.

How to File a Dog Bite Claim in Delaware

If you have been bitten by a dog in Delaware, take these steps to protect your legal rights:

1. Get medical attention immediately. Even minor bites can become infected. Keep all medical records and receipts.
2. Report the incident. File a report with local animal control and law enforcement. This creates an official record of the attack.
3. Document the injuries. Take photographs of your injuries on the day of the attack and throughout the healing process.
4. Identify the dog and owner. Get the owner's name, address, phone number, and homeowner's or renter's insurance information.
5. Gather witness information. Collect names and contact details from anyone who saw the attack.
6. Preserve physical evidence. Keep torn or bloody clothing and any other items damaged in the attack.
7. Consult a personal injury attorney. An attorney can evaluate your case, identify all liable parties, and handle insurance negotiations.

Many personal injury attorneys offer free initial consultations and work on a contingency fee basis, meaning you pay no legal fees unless you recover compensation.

Criminal Penalties for Dog Owners

In addition to civil liability, Delaware dog owners may face criminal consequences in serious cases.

When Criminal Charges May Apply

Criminal charges are most likely when:

• A dog kills or causes serious physical injury to a person
• The owner knew the dog was dangerous and failed to take required precautions
• The owner violated a court order related to a dangerous dog designation
• The owner intentionally used a dog as a weapon to harm another person

Types of Criminal Consequences

• Civil penalties for violating dangerous or potentially dangerous dog requirements are a flat $500 for a first violation and $1,000 for a subsequent violation, effective August 29, 2024
• Criminal charges may include assault or reckless endangerment if the owner's conduct was willful or grossly negligent
• Destruction of the dog may be ordered if the court determines the dog poses an ongoing threat to public safety

More Delaware Laws

• Delaware Slip and Fall Laws
• Delaware Statute of Limitations

Frequently Asked Questions

Is Delaware a strict liability state for dog bites?

Yes. Under 16 Del. C. § 3053F, a dog owner in Delaware is strictly liable for any injury, death, or property loss caused by their dog. The victim does not need to prove the owner knew the dog was dangerous or that the dog had bitten anyone before.

How long do I have to file a dog bite lawsuit in Delaware?

You have 2 years from the date of the injury to file a personal injury lawsuit in Delaware under 10 Del. C. § 8119. If you miss this deadline, the court will almost certainly dismiss your case.

What defenses can a dog owner use in Delaware?

A dog owner is not liable if the victim was trespassing or committing a crime on the owner's property, committing a criminal offense against any person, or teasing, tormenting, or abusing the dog at the time of the incident.

Does Delaware ban any dog breeds?

No. Delaware passed House Bill 13 in 2017, which prohibits municipalities from enacting breed-specific legislation. No dog can be declared dangerous based solely on its breed. All dangerous dog determinations must be based on individual behavior.

What happens if a dog is declared dangerous in Delaware?

The owner must obtain at least $100,000 in liability insurance and confine the dog within a proper enclosure. Whenever the dog is outside that enclosure it must be securely muzzled, restrained by a substantial leash that is not retractable and does not exceed 6 feet, and under the physical control of a responsible adult. The owner must also spay or neuter the dog, display a conspicuous warning sign, license the dog, vaccinate it against rabies, and have it microchipped and registered. Violations of these requirements carry a civil penalty of $500 for a first offense and $1,000 for a subsequent offense, effective August 29, 2024.