Key Takeaways
- The dog’s owner is not always the only person you can hold responsible. Depending on your state, a dog walker, sitter, relative, host or business that had the dog may be responsible too.
- In Illinois, Wisconsin and Kentucky, the dog-bite statute’s definition of “owner” reaches past the person who owns the dog to people who keep or harbor it, or have it in their care.
- California’s statute names only the owner. A claim against anyone else there has to be built on negligence.
- Landlords are the hardest to reach. In Wisconsin a landlord does not become liable just by letting a tenant keep a dog, and the Illinois and Kentucky premises rules turn on whether the person occupies the property.
- Another responsible party can mean another insurance policy. That matters most when the owner has no coverage or not enough.
- Finding everyone responsible is time-sensitive. Bookings, leases and messages that show who had the dog are easiest to get early, and filing deadlines keep running.
You can usually sue the dog’s owner, and depending on your state you may also be able to hold someone else responsible: a person who was keeping or caring for the dog, someone who let the dog live on property they occupy, or a business that had the dog in its care. Landlords can be responsible too, but usually only in narrower situations.
This matters more than it sounds. The owner is often the person least able to pay. They may rent, have no homeowner’s policy, or have a policy with a dog exclusion or a low limit. The person or business that had the dog when it bit you may be a very different story.
This guide explains who else can be responsible for a dog bite, using the actual text of the dog-bite laws in four of the states we serve, and what that means for your claim. Rules differ from state to state, so treat it as a map of the questions to ask, not an answer for your case.
Why It Matters Who Else Was Responsible
Every responsible party is another potential source of payment, usually through their own insurance. When the only defendant is an uninsured owner, a serious injury can be worth far more than anyone can collect.
Dog bite claims are usually paid by liability insurance: a homeowner’s or renter’s policy, or a business’s liability policy. Our guide to whether insurance covers dog bites explains how those policies work and when they refuse to pay. The practical point here is simple. If a dog walker, a relative’s household or a daycare is also responsible, their coverage may be in play too, and an adjuster for the owner’s insurer has no reason to tell you that.
What the Law Means by “Owner”
In some states, the person who owns the dog on paper is only one of the people the dog-bite statute treats as the “owner.” The definition is what decides who else can be held responsible under the statute.
Here is how the statutes read in three states where we handle dog bite cases and where the definition reaches past the owner:
| State | Who the dog-bite statute covers |
|---|---|
| Illinois | Anyone with a property right in the dog, or who keeps or harbors it, has it in their care, acts as its custodian, or knowingly lets a dog stay on premises they occupy (510 ILCS 5/2.16, applied by 510 ILCS 5/16) |
| Wisconsin | Any person who owns, harbors or keeps a dog (Wis. Stat. § 174.001(5), applied by § 174.02) |
| Kentucky | Anyone with a property right in the dog, or who keeps or harbors it, has it in their care, or lets it stay on or about premises they own or lease and occupy (KRS 258.095(5), applied by KRS 258.235(4)) |
In these three states, a person who never owned the dog can still be its “owner” for a bite claim. California is different. Its dog-bite statute, Civil Code § 3342, makes “the owner of any dog” liable and does not mention keepers or harborers, so a claim against anyone else has to rest on ordinary negligence, which generally means showing that person was careless and that their carelessness caused the bite.
Other states set their own rules, and some follow a one-bite approach rather than a statute. Our state pages for Illinois, Wisconsin, Kentucky and California cover each state’s rules in more depth, and our one-bite law guide explains how states without a strict dog-bite statute work.
Dog Walkers, Sitters and Friends Watching the Dog
A person who has the dog in their care when it bites can be responsible in Illinois, Kentucky and Wisconsin, because each state’s definition of “owner” reaches people who keep the dog or have it in their care. That includes paid walkers and sitters, and it can include a friend or relative looking after the dog.
Wisconsin’s courts have explained what “keeping” means. According to the case notes the Wisconsin Legislature publishes with § 174.02, a keeper must “exercise some measure of custody, care, or control” over the dog (Armstrong v. Milwaukee Mutual Insurance Co., 1996). Walking a dog on a leash or minding it for a week fits that description far better than a dog simply passing through someone’s yard.
Being a keeper does not take the real owner off the hook. In the states above, the person who owns the dog and the person who had it can both fall within the definition, and the Wisconsin notes record that an owner can seek contribution from a keeper when an innocent third person was hurt (Fire Insurance Exchange v. Cincinnati Insurance Co., 2000). For you, that usually means more than one person, and more than one policy, may be answerable for the same bite.
In California, a walker or sitter is not an “owner” under § 3342. A claim against them would rest on negligence, for example walking a dog they knew was aggressive without proper control.
Homeowners and Hosts Who Let the Dog Live There
Someone who lets a dog live in their home can be responsible even if it is not their dog, under the “harbor” language in Illinois, Wisconsin and Kentucky. This comes up when a grown child moves back in with a dog, a roommate brings a dog, or a relative’s dog lives at the family house.
Illinois covers anyone who “knowingly permits a dog to remain on any premises occupied by him or her.” Kentucky covers anyone who lets the dog remain on or about premises they own or lease and occupy. Wisconsin’s notes say that “harboring” a dog means to afford it lodging, shelter or refuge, and that it does not include another person’s dog being briefly present in the home (Pattermann v. Pattermann, 1992). The Wisconsin Supreme Court has held that the liability of a harborer and a keeper is the same (Pawlowski v. American Family Mutual Insurance Co., 2009).
The difference between a dog that lives somewhere and a dog that visited for an afternoon is often the whole case, and it is a question of fact. Where the dog slept, who fed it, and how long it had been there are the details that decide it.
Landlords: Possible, but Harder
A landlord is usually not responsible just because a tenant’s dog bit someone, but a landlord can be responsible in narrower situations. This is the part of dog bite law where the state, and the facts, matter most.
- Wisconsin: the Legislature’s notes record that “a landlord does not become a harborer of a tenant’s dog by merely permitting the tenant to keep the dog” (Malone v. Fons, 1998).
- Illinois and Kentucky: the premises part of each definition covers property the person occupies (Kentucky says owned or leased and occupied). On the words of the statutes, a landlord who rents out a property and does not live there is not covered by that clause just for allowing the tenant’s dog.
- California: the statute names only the owner, so any claim against a landlord would be a negligence claim.
Where a landlord can be reached, it is usually through negligence: a landlord who knew a tenant’s dog was dangerous and had the power to do something about it, for example under the lease, and did nothing. Bites in areas the landlord controls, such as shared hallways, yards or a complex’s grounds, deserve a closer look. These claims turn on what the landlord knew and when, which is why complaints, emails to management and earlier incident reports matter so much.
Kennels, Daycares, Groomers and Other Businesses
A business that has a dog in its care, such as a boarding kennel, a doggy daycare or a groomer, can fall within the Illinois and Kentucky definitions, which cover anyone who “has it in his care” or acts as its custodian. In Wisconsin, the question is whether the business exercised custody, care or control.
Businesses can also be responsible for negligence on their own account, for example by mixing a known aggressive dog with others, understaffing a play area, or letting a dog loose in a public space. Businesses usually carry commercial liability insurance, which can matter a great deal when the dog’s owner has none.
If you were bitten in a dog park, the questions are different. Our guide to who is liable for a dog bite at a dog park covers that situation, including claims against the park itself.
If the owner says they have no insurance, or the dog was with someone else when it bit you, talk to a lawyer before you accept that there is no one to pay. Finding a second responsible party is investigative work: leases, booking records, daycare agreements and the owner’s own messages. It is far easier in the first weeks than after a year. Our dog bite attorneys will tell you for free who may be responsible and what your claim may be worth, with no obligation and no fee unless we win. Call 312-786-4442, day or night, or use our contact form.
When the Person Caring for the Dog Is the One Bitten
If you were the walker, sitter or kennel worker who got bitten, your claim can look different, because in some states you count as a keeper yourself.
In Wisconsin, the Legislature’s notes record that an owner “injured while in control of the dog may not use the statute to hold another owner liable” (Armstrong), and that a keeper may not recover under the statute but “may pursue a common law negligence claim” (Malik v. American Family Mutual Insurance Co., 2001). In practice, that means a bitten dog sitter in Wisconsin may still have a claim against the owner, for example for failing to warn about a dog known to bite, but has to prove negligence rather than rely on strict liability.
If you were bitten on the job, workers’ compensation may also be involved, which adds another set of rules. That is a good reason to get advice before you sign anything from either insurer.
What to Do Now: Find Everyone Who Had the Dog
- Get medical care and keep the records. Our guide to medical evidence in a dog bite claim explains which records matter most.
- Write down who had the dog at the moment of the bite: the person holding the leash, whose home or business it was, and whether anyone else was in charge.
- Get the owner’s name and contact details, and the names of the walker, sitter, host or business if there was one.
- Save proof of the arrangement: booking confirmations from walking or boarding apps, daycare intake forms, texts about watching the dog, and anything showing where the dog lived.
- If you rent or were bitten at a rental property, note the landlord or management company and save any earlier complaints about the dog.
- Don’t give a recorded statement to any insurer before you know who all the responsible parties are.
- Talk to a dog bite lawyer before you talk to any insurer. A free consultation can identify every party and policy that may be responsible before you say anything on the record. Call 312-786-4442 any time.
Filing deadlines vary by state, and they apply to every party you might name. Our guide to the dog bite statute of limitations lists them, and how to file a dog bite claim walks through the rest of the process.
Frequently Asked Questions
Is a dog owner liable for bites from dogs?
Usually yes, but the owner is not always the only one. In Illinois, Wisconsin and Kentucky, the dog-bite statutes define “owner” to include people who keep or harbor the dog or have it in their care, so a walker, sitter, host or business can be responsible as well. California’s statute covers the owner, and claims against anyone else there rest on negligence. Rules differ by state.
What happens if your dog bites a dog sitter?
The sitter may still have a claim, but in some states it is harder than an ordinary bite claim, because the sitter was caring for the dog. In Wisconsin, a keeper cannot use the dog-bite statute against the owner but may bring a negligence claim, for example if the owner failed to warn that the dog had bitten before. Workers’ compensation may also apply to a professional sitter bitten on the job.
Can you be sued if your dog bites an intruder?
The dog-bite statutes in several states protect only people who were lawfully where they were. California’s statute covers people bitten in a public place or lawfully in a private place, Illinois’ covers people peaceably conducting themselves where they may lawfully be, and Kentucky’s definition of an “attack” excludes a person trespassing on the owner’s property. A trespasser’s claim, if any, would be much harder.
What is my liability if my dog bites someone?
In Illinois, Wisconsin, Kentucky and California, the dog-bite statutes usually make an owner responsible for the injury even if the dog never bit before, and you may share that responsibility with whoever had the dog. Illinois, Wisconsin and Kentucky define “owner” to include people who keep or harbor a dog or have it in their care, so a walker or sitter can be answerable alongside you. Your homeowner’s or renter’s policy is usually the first place a claim goes.
Bitten While Someone Else Had the Dog? We Can Help.
If you only pursue the owner and the owner has no insurance or too little, the rest of your medical bills and lost income may stay with you, even when someone else was also responsible for the dog. If you or a loved one was bitten or attacked by a dog, Dog Bite Laws, the dog bite injury team at Mike Agruss Law, offers free, no-obligation consultations to review your case. We work on contingency: No Fees Unless Until We Win. Call us at 312-786-4442, available 24/7, or reach out through our contact form to discuss your rights and options. You can also read more about how we handle these cases on our dog bite page.
This information is provided for educational purposes and does not constitute legal advice. Dog-bite laws vary by state, and every case is unique. Results depend on the specific facts and circumstances.
