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Dog Bite Statutes Part II—Definition of "Dangerous"
Dogs and dog bites have long been a concern among insurance personnel. Underwriting has to determine whether or not to write a policy when a dog is in the house, and claims adjusters have to settle claims when a bite has occurred. Each state has statutes dealing with the issues of liability laws, definition of dangerous dog, and leash laws. As there is a volume of information, charts are provided for each section. Other topics can be found at Dog Bite Statutes Part I—Liability Laws and Dog Bite Statutes Part III—Leash Laws. The statutes are listed with each section.
States have moved from statutes governing ownership of certain breeds to using behaviors to define a dog and dangerous, and making restrictions around those dogs, regardless of breed. Once a dog has been defined as dangerous the owner may be required to obtain particular limits of insurance, keep the dog in a fenced or other secure area, leash the dog while off premises and other requirements.
| State | Applicable Statute(s) | Definition of "Vicious"/"Dangerous" |
| Alabama | Ala. Code §3-6A-3 | A dog, regardless of its breed, that has bitten, attacked, or caused physical injury, serious physical injury, or death to a person without justification, with an exception for a dog that is a "police animal" under Ala. Code §13A-11-260. |
| Alaska | Alaska Stat. §03.55.020 | Any dog which when unprovoked has ever bitten or attacked a human. |
| Arizona | A.R.S. §11- 1001 | Animal of the order carnivora that has a propensity to attack, cause injury, or endanger humans without provocation or an animal so declared after a hearing before justice of the peace or a city magistrate. |
| Arkansas | — | Not defined. |
| California | Cal. Food & Agr. §§31602, 31603 | Potentially dangerous dog: Any dog that when unprovoked on two separate occasions within thirty-six months engages in any behavior requiring defensive action by a person to prevent bodily injury when both are off the property of the dog owner, or a dog when unprovoked bites a person causing a less severe injury, Or a dog which has twice within thirty-six months killed/injured a domestic animal off the property of the dog owner. Vicious dog: Any dog that, when unprovoked, seriously injures or kills a human; or a dog previously determined to be dangerous and currently listed as a potentially dangerous dog that, after notification to the owner, continues the behavior described in §31602 or is maintained in violation of §§31641, 31642, or 34643. |
| Colorado | C.R.S. §18-9-204.5 | Any dog that inflicts bodily or serious bodily injury or death of a person or domestic animal; or demonstrates tendencies that would cause a reasonable person to believe the dog may inflict serious injury/death upon any person/animal; or engages in or trained for animal fighting. |
| Connecticut | — | Not defined. |
| Delaware | 16 Del.C. §3071F, 3076F, 3077F | Dangerous dog: Any dog that has killed or seriously injured a human or domestic animal, provided that the domestic animal was under control of its owner or on its owner's property, or inflicted damage on a domestic animal after the dog has been declared potentially dangerous under §3077F. Potentially dangerous dog: Any dog that has attacked or injured a human or domestic animal under the control of owner or on the owner's property; chased a person, including one on a bicycle, on any public or private property other than the dog owner's, on two separate occasions within one year; or caused physical injury to a domestic animal on more than one occasion within one year, provided the domestic animal was on its owner's property or under its owner's immediate control. |
| District of Columbia | DD.C. Code §8-1901 | Dangerous dog: Any dog that, without provocation, causes serious injury to a person or domestic animal, or that engages in the behavior of a "potentially dangerous dog" after being declared such a dog. Potentially Dangerous Dog: Any dog that, without provocation, chases or menaces a person or domestic animal in an aggressive manner, causing an injury to a person or domestic animal that is less severe than a serious injury; in a menacing manner and without provocation, approaches any person or domestic animal as if to attack, or has demonstrated a propensity to attack without provocation or otherwise to endanger the safety of humans or domestic animals; or is running at-large and has been impounded by animal control three or more times in D.C. within one year. |
| Florida | Fla. Stat. §767.11 | Any dog that has aggressively bitten, attacked, endangered, or inflicted severe injury on a human on public/private property; has more than once severely injured or killed a domestic animal while off its owner's property; been used primarily or in part for dog fighting; has, when unprovoked, chased/approached a person on the streets, sidewalks, or other public places in a menacing fashion or attitude of attack, provided that such actions are attested to in a sworn statement by one or more witnesses and duly investigated by the proper authority. |
| Georgia | O.C.G.A. §4-8-21 | Dangerous dog: Any dog that causes a substantial puncture of a person's skin by teeth without causing serious injury, provided that a nip, scratch, or abrasion shall not be sufficient to classify a dog as dangerous; aggressively attacks in a manner causing a person to reasonably believe the dog poses an imminent threat of serious injury to the same or another person although no such injury occurs, provided that the acts of barking, growling, or showing of teeth by a dog shall not be sufficient to classify a dog as dangerous; or while off its owner's property, kills a pet animal, provided that this subparagraph shall not apply when the death of the pet animal is caused by a dog working or training as a hunting, herding, or predator control dog. Vicious dog: Any dog that inflicts serious injury on a person or causes serious injury to a person resulting from reasonable attempts to escape the dog's attack. |
| Hawaii | — | Not defined. |
| Idaho | Idaho Code §25-2810 | At-risk dog: Any dog that, without justified provocation, bites a person without causing a serious injury. Dangerous dog: Any dog that, without justified provocation, has inflicted serious injury on a person, or has been previously found to be at risk and physically attacks a person without justified provocation. |
| Illinois | 510 ILCS 5/2.05a; 5/2.17c; 5/2.19b; 5/14; 5/16 | Potentially dangerous dog: Any dog that is unsupervised and found running at large with three or more other dogs. Dangerous dog: Any individual dog anywhere other than on property of owner/custodian and unmuzzled, unleashed, or unattended by owner/custodian that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury/death to a person or companion animal; dog that without justification bites a person and does not cause serious physical injury. Vicious dog: Any dog that, without justification, attacks a person and causes serious physical injury or death, or any individual dog that has been found to be a dangerous dog upon three separate occasions. |
| Indiana | — | Not defined. |
| Iowa | — | Not defined. |
| Kansas | — | Not defined. |
| Kentucky | KRS §258.095 | Vicious dog: Any individual dog declared by a court to be a vicious dog. |
| Louisiana | La. R.S. §§14:102.14, 102.15 | Dangerous dog: Any dog which, when unprovoked, on two separate occasions within the prior three years engages in any behavior requiring defensive action by any person to prevent bodily injury when the person and the dog are off the dog's owner's property; or when unprovoked, bites a person and causes injury; or, when unprovoked, on two separate occasions within the prior three years, has killed, seriously bitten, inflicted injury, or otherwise injury a domestic animal off the property off the dog's owner's property. Vicious dog: Any dog which, when unprovoked, inflicts serious bodily injury on or kills a human and was previously determined to be a dangerous dog. |
| Maine | 7 M.R.S.A. §3907* *Note: This statute is updating on October 18, 2021. However, the update does not affect the given definitions. | Dangerous dog: Any dog/wolf hybrid that causes the death of or inflicts serious bodily injury on an individual or a domesticated animal who is not trespassing on the dog's owner's premises at the time of injury/death; a dog or wolf hybrid that causes a reasonable person not on the dog/wolf hybrid's owner's premises and is acting in a reasonable and nonaggressive manner to fear imminent serious bodily injury by assaulting or threatening to assault that individual or individual's domesticated animal; or a dog/wolf hybrid that inflicts bodily injury on an individual or domesticated animal who is not trespassing on the dog/wolf hybrid's owner's premises at the time of the injury and has been previously been adjudged a "nuisance dog" Nuisance dog: Any dog/wolf hybrid that causes bodily injury, other than serious bodily injury, to an individual or a domesticated animal who is not trespassing on the dog/wolf hybrid's owner's premises at the time of injury; a dog/wolf hybrid that causes a reasonable person not on the dog/wolf hybrid's owner's premises and is acting in a reasonable and nonaggressive manner to fear bodily injury, other than serious bodily injury, by assaulting/threatening to assault that individual or individual's domesticated animal; or a dog/wolf hybrid that causes damage to property/crops not owner by the dog/wolf hybrid's owner while the dog/wolf hybrid is not on the owner's premises. |
| Maryland | Md. CRIMINAL LAW Code Ann. §10-619 | Dangerous dog: A dog that, without provocation, has killed or inflicted severe injury on a person; or a dog that has been found to be a "potentially dangerous dog" by an appropriate county authority and, after the dog has been so found, bites a person, kills or inflicts severe injury on a domestic animal when not on the dog's owner's property, or attacks without provocation. Potentially dangerous dog: a dog that has bitten a person while on public/private property, has killed/inflicted severe injury on a domestic animal when not on the dog's owner's property, or has attacked without provocation. |
| Massachusetts | ALM GL. 140 §136A | Dangerous dog: a dog that either, without justification, attacks a person or domestic animal causing physical injury or death; or behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic/owned animal. Nuisance dog: a dog that has, by excessive barking or other disturbance, is a source of annoyance to a sick person residing in the vicinity; or, by excessive barking, causing damage, or other interference, a reasonable person would find such behavior disruptive to quiet and peaceful enjoyment; or has threatened/attacked livestock, a domestic animal, or a person, but the threat/attack was not a grossly disproportionate reaction under all the circumstances. |
| Michigan | M.C.L.A. §287.321 | Dangerous dog: Dog that bites or attacks a person, or bites/attacks and causes serious injury/death to another dog while the other dog is on the property of its owner. |
| Minnesota | M.S.A. §347.50 | Dangerous dog: Any dog that has without provocation inflicted substantial bodily harm on a human on public or private property, killed a domestic animal without provocation while off the owner's property, or has been found to be "potentially dangerous" and after notice to the owner that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Potentially dangerous dog: A dog that when unprovoked inflicts bites on a human or domestic animal on public or private property; when unprovoked chases or approaches person, including one on a bicycle, upon the streets, sidewalks, or any public/private property other than the dog owner's property in an apparent attitude of attack; or has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. |
| Mississippi | — | Not defined. |
| Missouri | R.S. Mo. §578.024 | A dog that has previously bitten a person or domestic animal without provocation, and the dog bites any person on a subsequent occasion. |
| Montana | — | Not defined. |
| Nebraska | R.R.S. Neb. §54-617 | Dangerous dog: A dog that has killed or inflicted injury on a human that requires medical treatment, has killed a domestic animal without provocation, has been previously determined to be a potentially dangerous dog by animal control and owner received notice of determination, and that inflicts injury on human not requiring treatment or injures a domestic animal or threatens safety of humans or domestic animals. Potentially dangerous dog: Any dog that, when unprovoked, inflicts injury on a human that does not require medical treatment, injures a domestic animal, or chases/approaches a person on public property in a menacing fashion or apparent attitude of attack, or any specific dog with a known propensity, tendency, or disposition to attack, cause injury, or threaten the safety of humans/domestic animals when unprovoked. |
| Nevada | Nev. Rev. Stat. Ann. §202.500 | Dangerous dog: Dog without provocation, on two separate occasions within eighteen months, has behaved menacingly to a degree that a reasonable person would defend himself against substantial bodily harm when the dog is off the premises of the owner or not confined in a pen, cage, or vehicle, or if the dog is used in the commission of a crime by its owner. Vicious dog: Dog that without provocation kills or inflicts substantial bodily harm upon a human or after the owner has been notified that dog is dangerous, dog continues dangerous behavior. |
| New Hampshire | RSA 466:31 | Vicious/nuisance/menace dog: Includes dog that barks for sustained periods of more than 30 minutes, or during the night so as to disturb the peace and quiet of the area; snaps, growls at, runs after, or chases person not on the premises of the owner; chases bicycles, vehicles, motorcycles, or other vehicles pushed/pulled on the streets/highways/public ways; or when alone or with other dogs bites, attacks, or preys on game animals, domestic animals, fowl, or human beings. |
| New Jersey | N.J. Stat. §§4:19-22; 4:19-23 | Vicious dog: Killed or caused serious injury to a person. Potentially dangerous dog: Dog caused bodily injury to a person during unprovoked attack and provides a serious threat of bodily injury or death, or severely injured/killed another domestic animal and poses a threat of serious bodily injury or death to a person; poses a threat to another domestic animal; or has been trained, tormented, badgered, or encouraged to engage in unprovoked attacks upon people or domestic animals. |
| New Mexico | N.M. Stat. Ann. §77-1A-2 | Dangerous dog: Dog that caused a serious injury to a person or domestic animal. Potentially dangerous dog: Dog that may reasonably be assumed to pose a threat to public safety as demonstrated by the following behaviors: causing injury to a person or domestic animal that is less severe than a serious injury; chasing/menacing a person or domestic animal in an aggressive manner without provocation or acting in a highly aggressive manner within a fenced in yard or enclosure and appearing able to jump out of said yard/enclosure. |
| New York | NY CLS Agr. & M §108 | Dangerous dog: Any dog that, without justification, attacks a person, companion/farm/domestic animal and causes injury/death or behaves in a manner a reasonable person would believe poses a serious and unjustified threat of serious physical injury or death to one or more persons, companion/farm/domestic animals. |
| North Carolina | N.C. Gen Stat. Ann. §67-4.1 | Dangerous dog: Dog that without provocation has killed or inflicted severe injury on a person or is determined by person or board designated by county/municipal authority for animal control to be potentially dangerous, or any dog used for dog fighting or trained for dog fighting. Potentially dangerous dog is one that has bitten a person that resulted in broken bones, disfiguring lacerations, or need for cosmetic surgery; killed or inflicted serious injury on a domestic animal when not on owner's real property; approached a person not on real property in a vicious/terrorizing manner. |
| North Dakota | — | Not defined. |
| Ohio | ORC Ann. §955.11* *Note: The decision in City of Toledo v. Tellings (2006 Ohio App. LEXIS 884 (Ohio Ct. App. 2006)), which declared this statute unconstitutional, was overturned in City of Toledo v. Tellings (871 N.E.2d 1152 (Ohio 2007)). | Dangerous dog: A dog that, without provocation, has caused injury, other than death or serious injury, to a person, killed another dog, or has three or more violations of ORC Ann. §955.22. Vicious dog: A dog that, without provocation, has killed or caused serious injury to any person. |
| Oklahoma | 4 Okl. St. §44 | Potentially dangerous dog: Any dog that, when unprovoked, inflicts bites on a human either on public or private property, or when unprovoked attacks a dog, which results in death of said dog either on public/private property. Dangerous dog: Dog that has inflicted severe injury on a human being without provocation on public/private property; has been previously found to be potentially dangerous, owner has received notice of such and thereafter dog aggressively bites, attacks, or endangers safety of humans; dog has been previously found to be potentially dangerous and owner has been notified and the dog thereafter attacks a dog, which results in the death of the dog on public/private property. |
| Oregon | O.R.S. §609.098; 609.095 | Potentially dangerous dog: Dog that without provocation and while not on keeper's premises menaces a person; without provocation inflicts injury on a person that is less severe than a serious injury; without provocation and while not on premises the keeper inflicts injury or kills a domestic animal. Dangerous dog: Dog that without provocation and in an aggressive manner inflicts serious injury or kills a person, acts as a potentially dangerous dog after having previously committed an act as a potentially dangerous dog that results in the keeper being found to have violated ORS §609.095, or is used as a weapon in the commission of a crime. Public nuisance dog: A dog that chases persons or vehicles on premises other than its owner's property; damages or destroys the property of someone not the owner; scatters garbage on premises other than the owner's; trespasses on the private property of persons not the owner; disturbs any person by frequent/prolonged noises; is a female in heat and running at large; or is a potentially dangerous, but not dangerous, dog under §609.098. |
| Pennsylvania | 3 Pa. Stat. Ann. §459-502-A | Dangerous dog: Dog has inflicted severe injury on a human without provocation on public/private property; dog killed/severely injured domestic animal without provocation while off owner's property; attacked a human without provocation; has been used in a crime. Any dog that has either or both a history of attacking humans/domestic animals without provocation. |
| Rhode Island | R.I. Gen. Laws §4-13.1-2 | Vicious dog: Dog that, when unprovoked, in a vicious/terrorizing manner approaches any person in an attitude of attack upon the streets, sidewalks, or any public ground; a dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise endanger the safety of humans or domestic animals; dog that bites, injures, assaults, or attacks a human or domestic animal without provocation on public/private property; dog used or trained for dog fighting if RISPCA deems vicious after proper assessment. |
| South Carolina | S.C. Code Ann. §§47-3-10; 47-3-710 | Dangerous animal: Any canine or feline that the owner knows or reasonably should know has a propensity, tendency, or disposition to attack unprovoked, cause injury, or otherwise endanger humans or domestic animals; canine or feline that makes an unprovoked attack causing injury to a human and attack occurs in a place other than where the animal is confined; commits unprovoked acts in a place other than confinement and those acts cause a person to reasonably believe the animal will attack or harm a human; or animal used or trained for fighting. Vicious dog: Any dog showing an abnormal inclination to attack persons or animals without provocation. |
| South Dakota | S.D. Codified Laws §40-34-14 | Vicious dog: Any dog which when unprovoked, in a vicious or terrorizing manner approaches in an attitude of attack or bites, injures, assaults, or otherwise attacks a human upon streets, sidewalks, or public space; dog that unprovoked on private property approaches in an attitude of attack of mailman, meter reader, delivery man or other employed person on private property by permission of the owner. |
| Tennessee | Tenn. Code Ann. §39-17-1363 | Potentially vicious dog: A dog that may reasonably be assumed to pose a threat to public safety by exhibiting any of the following, when unprovoked and off the owner's property: inflicts a bite causing bodily injury to a domestic animal; or, on 2+ separate occasions, chases, menaces, or approaches a person or domestic animal in an aggressive manner or apparent attitude of attack. Vicious dog: Any dog that, without provocation and while off the owner's property, has attacked a person and caused death or serious bodily injury. |
| Texas | Tex. Health & Safety Code §822.041 | Dangerous dog: Any dog that makes an unprovoked attack on a person that causes injury and occurs in a place other than the dog's enclosure and enclosure was reasonably certain to prevent dog from leaving on its own; or commits unprovoked acts in place other than enclosure and acts cause a person to reasonably believe that the dog will attack and cause injury to that person. |
| Utah | — | Not defined. |
| Vermont | — | Not defined. |
| Virginia | Va. Code Ann. §§3.2-6540; 3.2-6540.1 | Dangerous dog: Dog or dog crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat, or killed such a companion animal; or directly caused serious injury to a person. Vicious dog: A dog or crossbreed that has killed a person, inflicted serious injury on a person, or continued to show vicious behavior. Dog found to be dangerous by a court pursuant to these definitions. |
| Washington | Rev. Code Wash. §16.08.070 | Potentially dangerous dog: Any dog that, when unprovoked, inflicts bites on a human or domestic animal on public/private property; chases or approaches a person on any public grounds in a menacing manner or apparent attitude of attack; or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise threaten safety of humans or domestic animals. Dangerous dog: Any dog that inflicts severe injury on a human without provocation on public/private property, kills a domestic animal without provocation while the dog is off owner's property; has been previously found to be potentially dangerous because of injury inflicted on a human; or owner has received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans. |
| West Virginia | — | Not defined. |
| Wisconsin | — | Not defined. |
| Wyoming | — | Not defined. |
April 2017, June 2021