Delaware Dog Bite Laws: Owner Liability and Deadlines

Delaware has a dog bite statute that makes owners liable without proof that they knew the dog was dangerous, subject to the defenses written into the law.

Delaware dog bite law at a glance

Question	Answer
Type of rule	Strict liability
Main statute	16 Del. C. 3053F
Defenses	Trespass or crime on the property, crime against a person, teasing or abuse
Filing deadline	2 years (Justia)

What Delaware law says

16 Del. C. 3053F covers any injury, death or loss to person or property.
The owner's knowledge of the dog's tendencies is not required.
The listed exceptions are the main defenses.

Strict liability vs. the one-bite rule

Under a strict liability statute, the owner is responsible for the injury even if the dog never showed aggression before and the owner was careful. The victim does not have to prove the owner knew the dog was dangerous; the main defenses are the ones written into the statute, such as provocation or trespassing.

Dangerous dog rules in Delaware

Delaware's dangerous dog provisions are in 16 Del. C. 3071F-3081F.
A dog running at large that bites without provocation brings a civil penalty of $500, or $1,000 for later offenses (3048F(d)).

Deadline to file a claim

Justia's 50-state survey lists 2 years as the general personal injury deadline (statute of limitations) in Delaware. The clock usually starts on the day of the bite. Different deadlines can apply to claims against a government agency or on behalf of a child, so confirm the deadline for your situation with a licensed attorney.

What to do after a dog bite

Get medical care, even for a small puncture; bites can become infected.
Get the owner's name, contact details and the dog's rabies vaccination status.
Report the bite to local animal control or the health department; many places require it so the dog can be observed for rabies.
Photograph the injuries and the location, and write down witness names.
Keep medical bills and records of missed work, and talk to an attorney before signing anything from an insurer.

If you own a dog that has bitten someone, follow any confinement order from animal control, keep the dog's rabies vaccination current, and consider working with a trainer or behaviorist. Leash rules are covered in Delaware leash laws.

Sources

This page summarizes state statutes for general information and is not legal advice. Laws change and cities and counties often add their own rules; check the current statute and your local ordinance, or ask a licensed attorney about your situation.

Delaware Dog Bite Laws