Maine Dog Bite Laws: Liability and Victim Rights

Maine imposes strict liability on dog owners and keepers when a bite occurs off their premises under 7 M.R.S. 3961. Victims injured on the owner's property must prove negligence instead. A victim's comparative fault reduces damages only if it exceeds the owner's share of fault.

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

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. § 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. § 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. § 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.

Comparative Fault in Maine Dog Bite Cases

Maine follows a modified comparative fault system under 14 M.R.S. § 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. § 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. § 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. § 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 require a physical leash statewide, but it does prohibit dogs from running at large. Under 7 M.R.S. § 3911, it is unlawful for any dog, licensed or unlicensed, to be at large, except when used for hunting. A dog is "at large" under 7 M.R.S. § 3907(6) when it is off the owner's premises and not under the control of any person whose personal presence and attention would reasonably control the animal, so voice or physical control can satisfy the statute without a leash.

Many municipalities go further and enforce their own leash ordinances, so 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. § 3952-A. The original dangerous dog statute (§ 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. § 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. § 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. § 3952-A:

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 § 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. § 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. § 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. § 752. This applies to most dog bite personal injury lawsuits.

There are important exceptions to keep in mind:

• Claims for slander or libel carry a shorter 2-year deadline under 14 M.R.S. § 753. Assault and battery were removed from that section in 2021, so a dog bite claim pleaded as battery falls under the general 6-year period
• 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

To preserve the claim, get a free consultation from a Maine personal injury attorney on whether a shorter notice deadline or a minor's extension applies (attorney advertising).

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. § 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. § 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 Slip and Fall Laws
• Maine Statute of Limitations

Frequently Asked Questions

Is Maine a strict liability state for dog bites?

Yes, but with a key limitation. Under 7 M.R.S. § 3961(2), strict liability applies only when the victim is not on the owner's or keeper's premises at the time of the bite. If the bite happens on the owner's property, the victim must prove the owner was negligent under subsection 1 of the same statute.

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

Maine's general statute of limitations for civil actions is 6 years from the date of the injury under 14 M.R.S. § 752. However, specific circumstances, such as claims against government entities, may have shorter deadlines. Consulting an attorney early is advisable.

Can my damages be reduced if I was partly at fault for the dog bite?

Under 7 M.R.S. § 3961(2), your damages for physical injury cannot be reduced unless the court determines your fault exceeded the dog owner's or keeper's fault. This is a stronger protection than Maine's general comparative fault rule, which bars recovery when the plaintiff's fault equals the defendant's.

What happens if a dog is declared dangerous in Maine?

Under 7 M.R.S. § 3952-A, the owner faces a civil fine between $250 and $5,000. The court may also require the owner to carry at least $100,000 in liability insurance, keep the dog in a secure enclosure, muzzle and leash the dog in public, and post warning signs. Failure to comply is a Class D crime punishable by up to 364 days in jail.

Can a municipality in Maine ban specific dog breeds like pit bulls?

No. Maine prohibits breed-specific legislation at the local level under 7 M.R.S. § 3950. While municipalities can adopt animal control ordinances stricter than state law, those ordinances cannot single out specific breeds. Maine relies on behavior-based dangerous dog laws instead.