Delaware Dog Bite Laws

While many families cherish their bond with their pets, dogs can, in rare cases, pose a risk. Recognizing this, Delaware has laid out specific laws concerning dog care. And there exists a clear need for such regulations. 

In 2023, there were a total of 2,639 reports of potential human exposure to rabies in Delaware. This figure was a significant increase from 2022’s record of 2,360 cases. Nationally, nearly 1,000 Americans seek emergency care each year for dog-inflicted injuries. Note that between 2005 and 2019, dog bites claimed the lives of 521 individuals.

Remember, any dog, big or small, can bite out of fear or surprise. While anyone can be a victim, children between five and nine are statistically most vulnerable. This underscores the crucial role of responsible pet ownership.

With that in mind, this article aims to equip both dog owners and potential victims with valuable knowledge. For dog owners, it clarifies their responsibilities as canine guardians. For those bitten, it outlines their legal rights in Delaware, presented in a clear and concise manner.

Dog Owner Responsibilities in Delaware

The Delaware Code lays out comprehensive regulations for canine ownership within the state. Considering the responsibilities associated with pet ownership, these regulations aim to ensure the welfare of canines, protect public safety, and maintain responsible pet stewardship.

Here are some key points:

• Dog owner definition: The term dog owner encompasses any individual residing within the state who harbors, maintains, or acts as the custodian of a canine six months of age or older.

• Licensing requirements: All dog owners are obligated to obtain a valid license for their canine. This requirement extends to commercial operations, such as kennels and dog retailers. Proof of current rabies vaccination is mandatory for license issuance.

• Accommodation standards: Dog owners must provide their canines with a primary enclosure that facilitates their well-being. It must be constructed and maintained to allow the dog to stand upright, turn freely, lie down comfortably, and sit in a natural position.

• Nutritional provisions: Owners are responsible for ensuring their dog receives adequate nourishment. Thus, at least one well-balanced meal per day is mandatory.

• Leash laws: Canine freedom within the state is not absolute. Generally, dogs must be kept on a sturdy leash when outside their owner's property. Exceptions exist for working dogs and designated "off-leash" areas.

• Impoundment of stray dogs: Dogs found running at large are subject to impoundment by authorities. Owners will be notified, but the canine may be eligible for adoption after five days. Expedited adoption may occur on the recommendation of a veterinary official.

• Liability for canine behavior: Dog owners are liable for any injuries or property damage caused by their canine companion. This liability holds unless the victim was engaged in criminal activity or trespassing during the incident.

Breed-Specific Legislation in Delaware

A provision in the Delaware Code prohibits any form of breed-specific legislation within the state. As such, municipalities cannot enact laws or regulations restricting dogs based solely on their breed or perceived breed. 

Essentially, there are no bans on specific dog breeds in Delaware, regardless of any historical or perceived association with aggressive behavior.

Liability Standards in Delaware Dog Bite Cases

Dog liability standards fall into two general categories: negligence-based and strict liability. Negligence-based jurisdictions, often called "one-bite" states, require proof of an owner's prior knowledge of their dog's aggression before holding them accountable.

Delaware, however, follows strict liability principles. This means dog owners are responsible for any bite inflicted by their pet, regardless of previous aggression. This holds true unless an exception applies, which is strictly limited to three scenarios:

• The victim was trespassing or committing a crime on the owner’s property.

• The victim was committing a crime against any person.

• The victim was abusing, tormenting, or teasing the animal.

Note that for the second exception, the victim does not have to be on the owner’s property. The consequences of strict liability are clear: Beyond these three narrow exceptions, the mere occurrence of a bite is enough to establish the owner's liability for resulting damages.

Further complexities emerge with specific professions. Notably, Delaware law acknowledges the unique role of police and military dogs. These canines inherently perform duties that may involve biting within their designated functions. As such, they cannot be deemed "potentially dangerous" simply for acting within their training and purpose.

Similarly, as animal care professionals, veterinarians are presumed to accept the inherent risk of bites during their work and cannot typically recover damages for such incidents within their clinical setting.

Statute of Limitations in Delaware for Dog Bite Cases

In Delaware, individuals injured in a dog bite or personal injury incident have two years from the incident date to file a lawsuit. This deadline also applies to cases involving wrongful death or property damage resulting from the incident. 

If a lawsuit is filed after this timeframe, the defendant may have the right to request its dismissal due to the statute of limitations. Therefore, it is advisable for anyone affected by a dog attack to consult a lawyer to protect their rights and expedite the legal process.

Civil Penalties for Dog Bites in Delaware

In Delaware, dog owners are liable for the civil damages caused by their animal's actions, not just bites. This extends to both economic and non-economic losses incurred by the victim.

• Economic damages: These include tangible costs like medical expenses, lost wages, and property damage resulting from the dog's attack. Even a non-bite incident, such as a loud bark triggering a fall, can qualify for compensation if it leads to injuries.

• Non-economic damages: These intangible losses cover the victim's pain and suffering, emotional distress, and other non-monetary impacts of the attack.

In exceptional cases, punitive damages may also be awarded. This occurs when dog owners demonstrate extreme negligence or recklessness in handling their animal, such as leaving a known vicious dog unconfined and free to attack. Punitive damages serve to punish the owner and deter future similar behavior. While similar in effect to criminal fines, they are awarded in civil court based on the legal concept of torts.

Criminal Penalties for Dog Bites in Delaware

In Delaware, a range of fines exists for violations of dog safety laws. For the first offense of a dog running at large and biting someone, owners or possessors face fines ranging from $100 to $500. This fine may increase from $750 to $1,500 for subsequent offenses.

If deemed dangerous or potentially dangerous, a dog may face impoundment after causing injury/death to people or other animals. Owners of such dogs face additional fines for non-compliance with spaying/neutering, liability insurance, and enclosure and signage requirements. 

Additionally, these designated dogs cannot be sold or given away to the general public, with the exception of placement with the Delaware Department of Health and Social Services.

Reporting and Handling Dog Bite Incidents

In the event of a dog bite, the immediate priority is to keep oneself away from the animal and seek refuge. Attending to the wounds becomes crucial once the victim is out of harm's way. Proper cleaning with soap and water, followed by a topical antiseptic, is essential to prevent infection. Pressure should be applied to puncture wounds to control bleeding, and if self-treatment is impossible, calling 911 is imperative.

With the wounds addressed, the next step is to verify the dog's vaccination status. This information will determine the risk of rabies and the need for preventive treatment. Reporting the bite is then mandatory. All dog bite incidents, even those involving exposure to the animal's bodily fluids without actual bites, must be reported to Delaware Animal Services at 302-255-4646.

Following the report, gathering evidence for legal action is ideal. This includes securing the owner's name and address, obtaining the police report of the attack, taking pictures of the scene, and collecting eyewitness testimonies.

How to Find a Dog Bite Attorney in Delaware

In Delaware, finding a dog bite attorney involves several options. Considering the broader category of personal injury law under which animal attacks fall can be a good starting point. Moreover, utilizing search engines can lead directly to relevant lawyers. Online legal directories offer another avenue for targeted searches. 

Ultimately, the plaintiff should assess each attorney's experience and success rate to determine who best suits their needs. Selecting attorneys who operate on a contingency fee basis, the standard practice in personal injury cases, is also recommended.

Other Resources for Dog Bite Victims in Delaware

Delaware State Courts Legal Assistance - Help & Support

The Delaware Judicial Branch empowers individuals with self-representation tools and legal aid resources. This online platform provides essential procedural information for navigating court proceedings, along with connections to free legal aid societies and attorney directories covering diverse legal specialties in both civil and criminal matters.

Delaware Hospitals

Delaware Hospitals is a listing of medical organizations in Delaware that dog bite victims may want to visit if they ever need treatment for a particularly severe injury. The facilities are divided by location and area of expertise.

Delaware Hospital Location Maps

Delaware Hospital Location Maps offers a convenient resource. Users can readily identify the specific location of each facility, potentially aiding in decision-making after consulting a more comprehensive directory. For those who are seeking routine care or navigating an urgent situation, these maps can be valuable in navigating the state's healthcare landscape.

Humane Animal Partners - Vaccination Clinics

Humane Animal Partners hosts programs for pet vaccination for various diseases, which include rabies and distemper. De-worming options are also available. Vaccination dates for 2024 have already been posted for Stanton/Christiana, Wilmington, and Rehoboth Beach.