Maine Dog Bite Laws: Liability and Victim Rights

Overview of Maine Dog Bite Laws

Maine holds dog owners and keepers strictly liable when their dog injures a person who is not on the owner's or keeper's premises at the time of the injury. This strict liability framework, codified in 7 M.R.S. \u00a7 3961, means victims can recover damages without proving the owner was careless or knew the dog posed a danger.

The Maine Legislature enacted this statute in 2001 through Public Law Chapter 220, replacing the former "one-bite rule." Under the old rule, a dog owner was liable only if they knew the dog had previously bitten or shown aggressive tendencies. The current law eliminates that requirement for injuries that happen off the owner's property.

This page breaks down the liability standards, defenses available to owners, dangerous dog designations, criminal penalties, and the steps victims can take to pursue compensation under Maine law.

How Strict Liability Works in Maine

Under 7 M.R.S. \u00a7 3961(2), when a dog injures a person who is not on the owner's or keeper's premises at the time of injury, the owner or keeper is liable for the amount of damages. The victim needs to establish three elements:

1. The defendant owned or kept the dog.
2. The dog caused the injury.
3. The victim was not on the owner's or keeper's premises when the injury occurred.

The victim does not need to show that the owner was negligent, that the dog had a history of biting, or that the owner had any reason to suspect the dog was dangerous. This stands in contrast to the general animal liability rule in subsection 1 of the same statute, which requires proof of negligence for other types of animals.

On-Premises Injuries Require Negligence

Strict liability applies only when the bite happens away from the owner's or keeper's property. If a dog bites someone who is on the owner's premises, the victim must instead prove the owner was negligent under the general rule in 7 M.R.S. \u00a7 3961(1). That subsection states that an animal's owner or keeper is liable if the animal causes damage "due to negligence of the animal's owner or keeper."

This distinction matters. A mail carrier bitten on the sidewalk benefits from strict liability. A guest bitten inside the owner's home would need to prove the owner failed to exercise reasonable care.

Situation	Legal Standard	Statute
Dog bites person off owner's premises	Strict liability	7 M.R.S. \u00a7 3961(2)
Dog bites person on owner's premises	Negligence required	7 M.R.S. \u00a7 3961(1)
Any other animal causes injury	Negligence required	7 M.R.S. \u00a7 3961(1)

Comparative Fault in Maine Dog Bite Cases

Maine follows a modified comparative fault system under 14 M.R.S. \u00a7 156. In general personal injury cases, a plaintiff can recover damages as long as their share of fault does not equal or exceed the defendant's fault.

For dog bite cases specifically, 7 M.R.S. \u00a7 3961(2) provides an additional layer of protection for victims. The statute states that "any fault on the part of the person injured may not reduce the damages recovered for physical injury to that person unless the court determines that the fault of the person injured exceeded the fault of the dog's keeper or owner."

This means a dog bite victim's damages cannot be reduced at all unless their own fault was greater than the owner's. If the victim was 30% at fault and the owner was 70% at fault, the victim recovers full damages with no reduction. Only when the victim's fault surpasses the owner's does it affect recovery.

Defenses Available to Dog Owners

Even under strict liability, Maine law recognizes several defenses that can reduce or eliminate an owner's responsibility.

Provocation

If the victim provoked the dog through teasing, hitting, tormenting, or other aggressive actions, the court may find the victim's fault exceeds the owner's. The provocation must be significant enough that it would cause a normally calm dog to react.

Trespassing

Because Maine's strict liability applies only when the victim is off the owner's or keeper's premises, a trespasser injured on the owner's property faces the higher burden of proving negligence. Courts have generally been less sympathetic to trespassers, though this defense may carry less weight when the trespasser is a child who does not understand property boundaries.

Victim's Fault Exceeds Owner's Fault

Under the comparative fault provision, if the court determines the victim bore more responsibility for the incident than the owner, the victim cannot recover damages for physical injury. This can arise when the victim ignored warning signs, reached into a fenced enclosure, or engaged in behavior that a reasonable person would recognize as risky.

Assumption of Risk

Professionals who work with dogs, such as veterinarians, groomers, and kennel workers, may face an assumption-of-risk defense. If the victim knowingly accepted the danger of working with the animal, the owner may argue this limits or bars recovery.

Dog Owner Responsibilities Under Maine Law

Maine imposes several legal obligations on dog owners designed to protect the public and ensure animal welfare.

Rabies Vaccination

Under 7 M.R.S. \u00a7 3916, dog owners must have their dog vaccinated against rabies within 30 days of the dog reaching 3 months of age. The vaccine must be administered by a licensed veterinarian, a licensed veterinary technician under supervision, or a certified rabies vaccinator. A booster vaccination is required one year after the initial shot, with subsequent boosters at intervals recommended by national veterinary guidelines.

A medical exemption is available if a licensed veterinarian provides a written statement explaining that a medical condition prevents vaccination.

Dog Licensing

Maine requires all dogs 6 months of age and older to be licensed annually through the municipal clerk. Under 7 M.R.S. \u00a7 3923-A, the license fee is $6 for spayed or neutered dogs and $11 for intact dogs. A $25 late fee applies after January 31 of each year. Dogs designated as dangerous face a $150 late fee, while nuisance dogs face a $70 late fee.

Leash and Confinement Requirements

Maine does not have a statewide leash law, but many municipalities enforce their own leash ordinances. Dog owners should check local regulations. Regardless of local rules, owners remain liable for any injuries their dog causes off the owner's property under the strict liability statute.

Dangerous Dog and Nuisance Dog Designations

Maine law provides a formal process for classifying dogs as "dangerous" or "nuisance" animals under 7 M.R.S. \u00a7 3952-A. The original dangerous dog statute (\u00a7 3952) was repealed effective August 1, 2018, and replaced with the current, more detailed framework.

What Makes a Dog "Dangerous"

Under 7 M.R.S. \u00a7 3907(12-D), a dog qualifies as "dangerous" if it:

• Causes the death of or inflicts serious bodily injury on a person or domesticated animal who is not trespassing on the dog owner's premises
• Causes a reasonable person who is not on the owner's premises and is acting in a nonaggressive manner to fear imminent serious bodily injury by assaulting or threatening that person or their domesticated animal
• Has been previously designated a nuisance dog by a court and continues to inflict bodily injury on a person or domesticated animal off the owner's premises

Nuisance Dog Definition

A "nuisance dog" under 7 M.R.S. \u00a7 3907(20-A) is a lower classification that can include dogs that cause less severe injuries, damage property, or create disturbances.

Filing a Complaint

Anyone who has been assaulted, threatened, or whose property has been damaged by a dog may file a written complaint within 30 days of the incident. The matter is then heard by a court of competent jurisdiction.

Penalties for Keeping a Dangerous Dog

A person found to own or keep a dangerous or nuisance dog faces civil penalties under 7 M.R.S. \u00a7 3952-A:

Designation	Minimum Fine	Maximum Fine	Late License Fee
Dangerous dog	$250	$5,000	$150
Nuisance dog	$250	$5,000	$70

The court may also order the owner to:

• Obtain a minimum of $100,000 in liability insurance for the life of the dog
• Keep the dog in a secure enclosure
• Use a muzzle and leash when the dog is in public
• Post visible warning signs on the property
• Have the dog microchipped

Criminal Charges for Noncompliance

If a dog owner refuses or neglects to comply with a court order issued under \u00a7 3952-A, the owner commits a Class D crime. A Class D crime in Maine carries up to 364 days in jail and a fine of up to $2,000. The court may also prohibit the convicted person from owning or possessing a dog for a set period.

Further, if a dog whose owner has failed to comply with a court order wounds a person or kills a domesticated animal, the owner must pay the injured party treble damages (three times the actual damages) plus costs in a civil action.

Attacks on Service Animals and Assistance Animals

Maine provides separate protections for service animals and assistance animals under 7 M.R.S. \u00a7 3961-A. A person who owns or keeps a dog that attacks, injures, or kills a service animal or assistance animal while it is performing its duties commits a civil violation. The maximum forfeiture is $1,000.

Beyond the fine, the court is required to order the dog's owner to pay restitution covering veterinary bills, retraining costs, or replacement costs if the service or assistance animal is disabled or killed.

Compensation Available to Dog Bite Victims

Dog bite victims in Maine may recover several categories of damages depending on the severity of the injury.

Economic Damages

• Medical expenses, including emergency treatment, surgery, and rehabilitation
• Future medical costs for ongoing care or reconstructive procedures
• Lost wages and diminished earning capacity
• Property damage, such as torn clothing or broken personal items

Non-Economic Damages

• Pain and suffering
• Emotional distress and psychological trauma
• Scarring and disfigurement
• Loss of enjoyment of life

Treble Damages

As noted above, if a dog owner fails to comply with a dangerous dog court order and the dog subsequently injures someone, the victim can recover treble damages under 7 M.R.S. \u00a7 3952-A.

Maine does not impose a statutory cap on damages in dog bite personal injury cases.

Statute of Limitations for Dog Bite Claims

Maine's general statute of limitations for civil actions is 6 years from the date the cause of action accrues, as set forth in 14 M.R.S. \u00a7 752. This applies to most dog bite personal injury lawsuits.

There are important exceptions to keep in mind:

• Claims for assault or battery carry a shorter 2-year deadline
• Claims against government entities often require notice within shorter time frames
• Minors may have extended filing deadlines, as the clock may not begin running until they reach the age of majority
• Once the deadline passes, the court will almost certainly dismiss the case

Victims should consult with a Maine personal injury attorney as early as possible to preserve their claims.

Breed-Specific Legislation in Maine

Maine is one of the states that prohibits municipalities from passing breed-specific legislation (BSL). Under 7 M.R.S. \u00a7 3950, while municipalities may adopt animal control ordinances that are more stringent than state law, those ordinances cannot target specific breeds.

This means no city or town in Maine can ban pit bulls, Rottweilers, or any other breed. Instead, Maine relies on behavior-based dangerous dog laws that evaluate individual animals based on their actions rather than their breed.

Landlord Liability for Dog Bites in Maine

Landlords in Maine may face liability for injuries caused by a tenant's dog under limited circumstances. Unlike the strict liability that applies to dog owners and keepers, landlord liability requires proof of knowledge and negligence.

A landlord may be held liable if:

• The landlord had actual knowledge that the tenant's dog was dangerous
• The landlord had the ability to remove the dog or require the tenant to remove it
• The landlord failed to take reasonable action despite knowing the risk

Simply renting property to a tenant who owns a dog does not, by itself, create liability for the landlord. The critical factor is whether the landlord had notice of the dog's dangerous propensities. Written complaints from other tenants or neighbors, prior incidents on the property, or a dangerous dog designation can all serve as evidence of notice.

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

Steps to Take After a Dog Bite in Maine

If a dog bites you or a family member in Maine, taking prompt action helps protect both your health and your legal rights.

1. Seek medical attention immediately. Dog bites carry infection risks and may require stitches, antibiotics, or surgery. 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 and scene. Photograph your injuries, the location where the bite occurred, and the dog if possible. Take photos at multiple stages of healing.

4. Identify the dog and owner. Obtain the owner's name, address, phone number, and homeowner's insurance information. If the dog is a stray, note the location and the dog's appearance.

5. Gather witness information. Collect names and contact details from anyone who witnessed the attack.

6. Preserve evidence. Keep torn or bloodied clothing and any other physical evidence.

7. File a written complaint within 30 days if you want the dog designated as dangerous or a nuisance under 7 M.R.S. \u00a7 3952-A.

8. Contact a personal injury attorney. An attorney experienced with Maine dog bite claims can evaluate your case, identify all liable parties, negotiate with insurance companies, and file suit within the 6-year statute of limitations if needed.

More Maine Laws

• Maine Lemon Laws
• Maine Child Support Laws
• Maine Car Seat Laws
• Maine Statute of Limitations
• Maine Hit and Run Laws
• Maine Whistleblower Laws
• Maine Recording Laws
• Maine Sexting Laws