Dog Bite Law can be a little complicated since it is a combination of state, city, and county law. The outcome of a case in San Francisco, California could be entirely different than an identical case in Dallas, Texas. The key determining factor is whether or not the jurisdiction follows the “one-bite rule.” This essentially gives a pet owner a “one bite free” card—meaning he will not be held responsible for his dog’s first attack. Many scholars and judges have fought to repeal this rule across the board since it absolves an owner of responsibility and ignores the victim’s suffering.

Eighteen states observe the one-bite rule. They include: Alaska, Arkansas, Hawaii, Idaho, Kansas, Maryland, Mississippi, Missouri, Nevada, New Mexico, North Carolina, North Dakota, Oregon, South Dakota, Texas, Vermont, Virginia, and Wyoming. In these states, you must prove the animal had a dangerous propensity to win your court case.

If you can establish the dog’s behavior indicated he’d eventually attack, you have a decent chance of winning. In the remaining states, dog owners are generally liable for bites, assuming the victim did not trespass or provoke the animal.

Since jurisdiction plays a large role in determining your rights as a victim, it’s crucial to consult with an attorney before taking action. Most cases are as simple as filing an insurance claim; and 99 out of 100 of them are settled out of court.

Lawyers who represent dog bite victims do not charge anything upfront. They take their fee from the settlement, usually between 25 and 35 percent. If you act as your own lawyer you’ll avoid paying this fee—but you could take home up to 90 percent less in your settlement.

If you’re a pet owner, be sure your home or renter’s insurance provides coverage for injuries inflicted by dogs or animals in general and has a limit of at least $100,000 for personal liability.

Dog bite law can be somewhat confusing since it is a combination of city, county, and state law. All states without exception hold a person civilly liable for a dog bite if he ordered the animal to attack the victim; or if he knew the dog bit someone previously or had a history of aggression toward people. Almost all states consider a person responsible for negligence that leads to a bite. Dog owners, landlords, care centers, and former dog owners can all be held accountable for such injuries.

The following states are “one bite” states—meaning they may shield a person from responsibility if it’s the first time a dog’s bitten someone:

• Alaska
• Arkansas
• Hawaii
• Idaho
• Kansas
• Maryland
• Mississippi
• Missouri
• Nevada
• New Mexico
• North Carolina
• North Dakota
• Oregon
• South Dakota
• Texas
• Vermont
• Virginia
• Wyoming

If your attack occurred in a one-bite state, the law protects the dog owner and other parties connected to the dog unless the court finds previous attacks, negligence on the owner’s part, or pet ownership for the sake of hurting people.

The other 32 states impose statutory strict liability for dog attacks, meaning the owner is legally liable to the victim. Some states allow certain exceptions, for example, if the victim was trespassing or if he provoked the dog by abusing him.

If you’ve been attacked by a dog, consult with an attorney to ascertain how city, county and state laws affect you specifically. You may receive money through the owner’s insurance (homeowners, renter’s, landlord’s, and more) for:

• Medical treatment, now and in the future (for example, scar reduction)
• Psychological counseling to address the trauma
• Loss of earnings during your treatment
• Torn clothing and broken glasses
• Medications
• Pain and suffering
• Future disability