$ millions
recovered For our clients
You Deserve Compensation for Someone Else’s Negligence
Dog bites and dog attacks can cause serious physical injuries and long‑term emotional distress, and victims should not have to bear the cost of someone else’s dangerous animal. At Schmittinger & Rodriguez, our Delaware dog bite lawyers take dog bites seriously and are committed to helping every dog bite victim recover fair compensation for medical bills, lost wages, pain and suffering, and other damages.
If you or a loved one has been injured in a dog bite incident in Delaware, an experienced dog bite lawyer can guide you through the legal process and help you understand your rights under Delaware law.
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Types of Dog Bite Cases We Handle
Our injury lawyers have experience handling all types of animal bite cases across Delaware, from minor dog bites to severe canine attacks. Common dog bite accidents and dog bite cases we handle include:
Unprovoked dog bites and dog attacks — Situations where a dog bites someone without provocation, including off‑leash dogs running loose or dangerous animals not properly restrained by the dog owner.
Provoked dog bites — Incidents where the dog owner may argue that the dog was provoked; these cases require careful investigation into whether the owner knew or should have known the dog had a tendency to bite.
Dog bites to children — Cases involving children, who are among the most vulnerable dog bite victims; in Delaware, children under a certain age may be presumed unable to provoke a dog, which affects liability.
Dog bites to postal workers and delivery personnel — Dog attacks on postal workers or delivery drivers performing their jobs; owners may face civil liability and, in some situations, criminal offense charges if they knew or should have known the dog was aggressive.
Dog attacks causing severe injuries or even death — Canine attacks that result in more severe injuries, significant medical expenses, plastic surgery needs, property damage, or even wrongful death.
No matter the circumstances of your dog bite case, our animal bite lawyer and legal team work to protect your rights and hold the responsible party legally accountable.
Understanding Your Rights After a Dog Bite Incident
If you or an injured person you care about has been bitten, it is important to take immediate steps to protect both your health and your legal rights.
Seek medical attention immediately — Even if dog bite injuries appear minor, dog bites can lead to serious infections, nerve damage, and other complications, so you should seek medical attention immediately and follow all recommended medical treatment.
Report the dog bite — Report the dog bite to local animal control or law enforcement so they can investigate the dog’s history and determine whether it is a dangerous animal that poses a risk to others.
Gather information and evidence — Obtain the dog owner’s contact information, including name, address, and phone number, and gather evidence such as photos of your injuries, torn clothing, and witness statements.
Once you’ve taken these steps, it is important to speak with a Delaware lawyer who understands dog bite laws and personal injury cases. Your dog bite attorney can help you understand your legal rights, build your dog bite claim, negotiate with the dog owner’s insurance company, and, if necessary, file a civil claim or personal injury lawsuit to recover damages.
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Delaware Dog Bite Laws and Dog Owner Liability
Delaware law holds dog owners strictly liable for injuries caused by their dogs in most dog bite cases. Strict liability means the dog owner is legally responsible for injuries caused by dog bites, regardless of negligence or prior knowledge that the dog might bite.
Key points under Delaware dog bite law and Delaware Code Title 16 §3053F include:
Dog owners are strictly liable for dog-bite injuries, and victims do not need to prove negligence in such cases.
Most Delaware dog bite cases are resolved through homeowners’ or renters’ insurance, but the owner may still be personally held liable when coverage is limited.
Delaware law requires dogs to be under their owner’s control at all times, whether on a leash, in a fenced yard, or otherwise properly restrained.
Victims have two years to file a lawsuit after a dog bite; waiting longer than two years will generally bar their right to recover damages.
There are some defenses dog owners may raise, such as trespass or provocation:
A lawsuit may be invalid if the dog bite victim was trespassing or harassing the dog.
Dog owners are not typically liable if the victim clearly provoked the dog and provocation was the sole cause of the dog attack.
An experienced dog bite lawyer in Delaware should know how to counter arguments about trespass, provocation, or assumption of risk and build a strong case that overcomes these defenses.
Common Dog Bite Injuries
Dog bites can lead to a wide range of dog bite injuries, from relatively minor wounds to serious injury requiring extensive medical treatment. Common injuries caused by dog bites include:
Puncture wounds and lacerations — Bite wounds and torn skin that may require stitches or plastic surgery to minimize scarring and disfigurement.
Bruising and soft‑tissue damage — Contusions, neck injuries, and other physical injuries that can take weeks to heal.
Infections and complications — Because dogs’ mouths contain bacteria, dog bites can lead to infections that may require hospitalization and intravenous antibiotics.
Nerve damage and long‑term physical problems — Nerve damage, muscle injury, and other serious injuries that can result in numbness, weakness, or loss of function.
Emotional distress and post‑traumatic stress disorder (PTSD) — Dog bite victims, especially children, may experience anxiety, emotional distress, and PTSD after a canine attack.
Approximately 4.5 million dog bites occur annually in the U.S., and about one in five dog bites requires medical attention. Children are particularly vulnerable to dog bites and may suffer both physical and emotional trauma.
Compensation Available to Dog Bite Victims in Delaware
Because Delaware law holds dog owners strictly liable, dog bite victims may seek compensation for a range of damages in a dog bite claim. Potential compensation includes:
Medical expenses and medical bills — Emergency treatment, surgery, hospital care, medications, physical therapy, and plastic surgery required because of the dog attack.
Lost wages and income — Income you miss while recovering from dog bite injuries and future earning capacity if serious injuries prevent a full return to work.
Pain and suffering and emotional distress — Physical pain, emotional distress, and long‑term psychological harm caused by the dog bites.
Our experienced attorneys and legal team work to maximize your compensation so that mounting medical bills and other losses do not impede your recovery. Most dog bite cases are handled on a contingency fee basis, meaning there is no fee unless we recover compensation for you.
Why Hire an Experienced Dog Bite Lawyer in Delaware?
Hiring an experienced dog bite lawyer offers several key advantages if you have been bitten in Delaware. A qualified lawyer can:
Handle all aspects of your dog bite case — investigation, evidence gathering, insurance negotiations, settlement discussions, and litigation when necessary.
Gather medical records, witness statements, photos, and other evidence to support your dog bite case and overcome potential defenses under Delaware law.
Negotiate with the dog owner’s insurer, which is typically liable under homeowners’ or renters’ insurance for injuries caused by the dog.
Explain your legal rights clearly and help you seek maximum compensation for medical expenses, lost wages, pain and suffering, and other damages.
Studies have shown that injury victims represented by an experienced personal injury attorney generally recover more compensation than those who try to handle personal injury cases on their own. Whether you are in Dover, Middletown, Rehoboth Beach, or Wilmington and searching for a dog bite attorney, our law firm can help.
Contact Our Delaware Dog Bite Law Firm
If you or someone you love has been bitten by a dog or injured in a dog attack anywhere in Delaware, you do not have to face the legal issues and insurance company negotiations alone. An experienced dog bite lawyer at Schmittinger & Rodriguez is ready to help you understand your legal rights, pursue fair compensation, and hold the responsible party accountable.
YOUR CASE. OUR PRIORITY.
📍 Dover Office
414 South State Street, Dover, DE 19901
📍 Middletown Office
651 N. Broad Street, Suite 203, Middletown, DE 19709
📍 Rehoboth Beach Office
18489 Coastal Highway, 2nd Floor, Rehoboth Beach, DE 19971
Free initial consultation and free consultation options are available at all locations.