Dog Bite Statute of Limitations by State (2026 Guide)

In most states, you have two years from the date of the dog bite to file a lawsuit, but the dog bite statute of limitations ranges from one year to six years depending on where you were bitten. Kentucky and Tennessee give you the least time at one year. Maine, Minnesota, and North Dakota give you the most at six.

The statute of limitations is a hard legal deadline. It is not a guideline, and courts almost never make exceptions. If you file even one day late, the dog owner’s insurance company will move to dismiss your case, and the judge will usually grant it, no matter how severe your injuries are.

Below is the filing deadline for every state, the exceptions that can shorten or extend it, and what to do if your deadline is close.

How Long Do You Have to Sue for a Dog Bite?

Most dog bite claims follow your state’s general personal injury deadline, which is two years in 25 states and three years in 17 more. Only a handful of states fall outside that two-to-three-year window.

Here is how all 51 jurisdictions break down:

• 1 year: 2 states (Kentucky, Tennessee)
• 2 years: 25 states (Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Nevada, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, West Virginia)
• 3 years: 16 states plus Washington, D.C. (Arkansas, District of Columbia, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, Wisconsin)
• 4 years: 3 states (Nebraska, Utah, Wyoming)
• 5 years: 1 state (Missouri)
• 6 years: 3 states (Maine, Minnesota, North Dakota)

Chart: Dog Bite Laws. Data compiled from each state’s personal injury statute of limitations, as cited in the table below.

The clock almost always starts on the date you were bitten, not the date you finished medical treatment, not the date the insurance company denied your claim, and not the date you decided to hire a lawyer.

Dog Bite Statute of Limitations by State

Find your state below. The deadline shown is the time you have to file a lawsuit in civil court for a dog bite injury, measured from the date of the attack.

* Recently changed. Florida shortened its personal injury deadline from four years to two for injuries on or after March 24, 2023. Louisiana lengthened its deadline from one year to two for injuries on or after July 1, 2024. If you were bitten before those dates, the old deadline may still apply to you.

** Ohio has two tracks. A negligence claim follows the two-year deadline in O.R.C. § 2305.10, but a strict liability claim brought directly under Ohio’s dog bite statute is treated as a liability created by statute and has been applied with the six-year period in O.R.C. § 2305.07. Which one applies depends on how the claim is pleaded. Do not assume you have six years.

Deadlines change, and the way a deadline applies to your specific facts is a legal judgment call. Confirm your date with an attorney before relying on this table.

What the Deadline Actually Means

The statute of limitations is the last day you can file a lawsuit in court, not the last day to settle, report the bite, or contact a lawyer. Once it passes, your legal claim is permanently barred.

Two points people get wrong:

• Settlement talks do not stop the clock. Insurance adjusters can negotiate with you for months and then simply stop returning calls once your deadline passes. Nothing about an open claim file extends your filing deadline.
• Filing an insurance claim is not the same as filing a lawsuit. Only a complaint filed with the proper court stops the clock.

This is why insurers sometimes slow-walk unrepresented claimants. If your deadline is near, that is the single most urgent fact about your case.

Exceptions That Can Change Your Deadline

A handful of rules can pause (“toll”) or shorten the standard deadline.

If the victim is a child

In most states, the clock does not start running against a child until they turn 18. A child bitten at age 7 in a two-year state generally has until age 20 to sue on their own behalf. Parents often have a separate, shorter window to recover the child’s medical bills, so do not wait on that basis. Children are the most common dog bite victims, which makes this rule one of the most important on this page.

The discovery rule

If an injury could not reasonably have been discovered right away, some states start the clock when you knew or should have known about it. With dog bites the injury is usually obvious the same day, so this rarely helps. It occasionally applies to deep infections, nerve damage, or complications that surface later.

Mental incapacity

If the victim is legally incapacitated, most states pause the deadline until capacity is restored. This can apply after a severe attack causing a traumatic brain injury.

Claims against a city, county, or state agency

If a government entity is involved (a police K-9, a dog owned by a public employee, or an animal control department that failed to act), you may have to give written notice within 60 to 180 days, long before the normal deadline. These notice requirements are strict and are the single most common way a valid claim gets lost. If any government agency is connected to your bite, treat the timeline as urgent.

Wrongful death

If a dog attack causes a death, the wrongful death deadline usually runs from the date of death rather than the date of the attack, and it may differ from the personal injury deadline in the same state.

Why Waiting Hurts Your Case Even If You Are Within the Deadline

Having time left on the clock is not the same as having a strong case. The evidence that proves a dog bite claim starts disappearing almost immediately.

• Bite wounds heal. Photographs taken in the first days show the severity a scar never will.
• Animal control records get purged. The quarantine record, prior complaints, and any dangerous dog designation are what turn “a dog bit me” into a documented history. Learn more about what happens if you do not report a dog bite.
• Witnesses move and forget. The neighbor who saw the dog loose before is often the person who proves the owner knew.
• Owners change their story. Early statements, before anyone has spoken to an insurer, are the most honest ones you will get.
• Medical gaps get used against you. Insurers argue that a delay between the bite and treatment means the injury was minor.

Dog-related injury claims are not small. According to research by the Insurance Information Institute (Triple-I) and State Farm, homeowners insurers paid $1.86 billion on 28,450 dog-related injury claims in 2025, with an average cost of $65,450 per claim. Insurers defend these claims seriously, and so should you. See what real cases have resolved for on our dog bite settlement amounts page.

What to Do If Your Deadline Is Approaching

1. Find your bite date. Check medical records, the animal control report, or your phone’s photo timestamps. Your deadline runs from that date.
2. Look up your state above and count forward. If you are inside 90 days of the deadline, treat it as an emergency.
3. Check for a government connection. Police dog, city shelter, public employee’s dog. If any apply, your real deadline may be months, not years.
4. Gather what you still have. Photos, medical bills, the owner’s name and insurance information, witness contacts, and any animal control report number.
5. Talk to a dog bite attorney before the insurer’s next call. A lawyer can file a complaint quickly to preserve the claim, then work out the details afterward.

Not sure whether the owner is even legally responsible in your state? Start with our guides to dog bite law and the one-bite rule versus strict liability, which determine whether you have to prove the owner knew the dog was dangerous.

Frequently Asked Questions

How long after a dog bite do you have to sue?

In most states you have two years from the date of the bite to file a dog bite lawsuit. The full range across the country is one year (Kentucky, Tennessee) to six years (Maine, Minnesota, North Dakota). Check the state table above for your exact deadline, and confirm it with an attorney, because a handful of situations can shorten it dramatically.

What happens if I miss the statute of limitations for my dog bite claim?

Your claim is permanently barred and the court will dismiss it. The dog owner’s insurer will raise the deadline as a defense, and judges rarely have discretion to excuse a late filing. You lose the right to recover medical bills, lost wages, and pain and suffering, regardless of how serious the injury was or how clearly the owner was at fault.

Does the statute of limitations change if the victim is a child?

Yes. In most states the deadline is paused until the child turns 18. A child bitten at 10 in a two-year state typically has until age 20 to file. However, a parent’s separate claim for the child’s medical expenses may run on the normal adult deadline, so families should not rely on the pause to delay.

Is it hard to sue for a dog bite?

It is usually easier than other injury claims, because most states hold dog owners strictly liable. In a strict liability state you generally do not have to prove the owner was careless or knew the dog was dangerous, only that you were bitten while lawfully present and not provoking the dog. In one-bite and mixed states you must show the owner knew or should have known the dog was dangerous, or prove negligence such as a leash law violation. Most claims are paid by homeowners or renters insurance and settle without a trial.

What proof is needed for a dog bite?

You need proof of the bite, proof of who owned the dog, and proof of your damages. The strongest file includes photographs of the wound over time, medical records from the first visit forward, the animal control or police report, the owner’s name and insurance information, witness statements, and documentation of lost wages. Evidence that the dog had bitten or acted aggressively before is decisive in one-bite states.

Is it the owners’ fault if a dog bites?

In most states, yes. The owner is legally responsible even if the dog never bit anyone before. Roughly half the states impose strict liability by statute, meaning the owner’s knowledge of the dog’s temperament does not matter. The main defenses are provocation and trespassing. In one-bite states, the owner is liable if they knew or should have known the dog was dangerous, or if they broke a leash or containment law.

What is the average payout for a dog bite lawsuit?

The average dog-related injury insurance claim was $65,450 in 2025, according to research by the Insurance Information Institute (Triple-I) and State Farm. That is an average across all severities, not a prediction for any individual case. Actual value depends on the depth and location of the wound, scarring and whether surgery is needed, lost income, the victim’s age, and the available insurance limits. Facial injuries and injuries to children typically resolve for substantially more than the average.

Does the deadline start on the bite date or when I found out how serious it was?

The clock almost always starts on the date of the bite. A limited discovery rule exists in many states for injuries that could not reasonably have been found right away, but dog bite injuries are usually obvious immediately, so courts rarely extend the deadline on that basis. Assume your deadline runs from the day you were bitten.

Worried About Your Dog Bite Deadline? We Can Help.

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 and confirm exactly how much time you have left. We work on contingency: No Fees Unless Until We Win. Call us at 312-786-4442 or reach out through our contact form to discuss your rights and options.

This information is provided for educational purposes and does not constitute legal advice. Dog-bite laws and filing deadlines vary by state and change over time, and every case is unique. Results depend on the specific facts and circumstances.