Attorney Portrait

Legally reviewed by Fob James, IV, Birmingham personal injury attorney · Updated July 2026

Quick answer: Under Alabama Code § 3-6-1, a dog owner can be held liable when their dog bites someone, without provocation, who is lawfully on the owner’s property. Off-property attacks are governed by Alabama’s common-law “one-bite” rule (§ 3-1-3), which requires showing the owner knew the dog was dangerous. Most dog bite claims are paid by the owner’s homeowner’s or renter’s insurance, and you generally have two years to file (§ 6-2-38). Because Alabama follows a harsh pure contributory negligence rule, having an experienced attorney is critical.

Fob James Law Firm has recovered $100,000, $207,000, and $400,000 in dog bite cases that other firms turned down. Call (205) 407-6009 for a free, no-obligation consultation. You pay nothing unless we win.

Dogs are often called “man’s best friend,” but a single attack can cause permanent scarring, nerve damage, infection, and lasting emotional trauma. All too often, the victim is a child. At Fob James Law Firm, our Birmingham dog bite lawyers help injured victims hold negligent owners accountable and recover the full compensation Alabama law allows.

If you or your child was bitten by a dog in Birmingham or anywhere in Jefferson County, you are not alone, and you do not have to face the insurance company by yourself. We have taken on the difficult cases, including ones that two or three other firms had already rejected, and we have won. Contact our Birmingham dog bite attorneys today for a free consultation.

Jump to Topic show

Proven Results in Alabama Dog Bite Cases

Many firms advertise that they handle dog bite cases. Few have a track record of taking the hard ones and winning. Attorney Fob James, IV personally handles every case, so you work directly with your attorney instead of a case manager. The recoveries below come from real dog bite cases our firm has handled.

$100,000 Policy Limit Settlement for a Pit Bull Attack in Fairfield

THE CASE: Attorney Fob James, IV’s client was attacked by the neighbor’s Pit bull while walking down the street. As a result of the Pit bull attack, Fob’s client suffered severe scarring to her triceps and shoulder. After the attack, Fob’s client signed a piece of paper with the homeowner settling the claim for $500. Predictably, the insurance carrier denied our client’s bodily injury claim. The insurance adjuster also took the position that the dog did not have any prior aggressive behavior. After two other law firms turned down the case, Attorney Fob James, IV took the case and filed a lawsuit. Fob canvased the neighborhood and took video of the dog, which reflected that the dog was an aggressive Pit bull mix.

CASE RESULT: Fob successfully argued his client was fraudulently induced into signing the agreement by the Pit bull owner and that she signed the agreement under extreme duress. The insurance carrier tendered policy limits of $100,000. The client’s medical bills were less than $500.00.

$207,000 Dog Bite Settlement After We Uncovered Video Footage

THE CASE: Our firm’s client was attacked after the neighbor’s dog escaped through a hole in the fence. The severe dog bites caused nerve damage and scarring to our client’s arm. The insurance company refused to pay a fair settlement arguing that the owner did not have prior knowledge of the dog’s violent propensity. This was a bald-faced lie as we uncovered surveillance at the dog’s vet showing the dog attack a nurse in the parking lot.

CASE RESULT: The insurance company requested mediation before trial and settled the case for $207,000.00.

$400,000 Dog Bite Settlement for a Deserving Young Man

THE CASE: Fob James Law Firm represented a young man who was mauled by a Pit Bull breed while visiting his grandmother. His injuries were very severe. The insurance companies denied coverage for a myriad of reasons. After agressively litigating the case for two years, the insurance companies gave in and settled the case before trial.

CASE RESULT: The insurance carriers paid $400,000.00 to settle the case.

Prior results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts. See more of our case results.

Alabama Dog Bite Law: The Two-Track System

Alabama dog bite law is more nuanced than most people (and many attorneys) realize. Liability runs on two separate tracks, and which one applies can change everything about what you are able to recover. For broader context, see our overview of personal injury claims in Birmingham.

The two tracks at a glance:

1. On the owner’s property: limited strict liability under § 3-6-1. You do not have to prove the dog ever bit anyone before.

2. Off the owner’s property: the common-law “one-bite” rule under § 3-1-3. You generally must show the owner knew the dog was dangerous.

Track 1: On the Owner’s Property, Limited Strict Liability (§ 3-6-1)

Alabama Code § 3-6-1 provides that if a dog, without provocation, bites or injures a person who is at a place where they have a legal right to be, the owner is liable in damages. That liability arises only when the victim is on property the owner owns or controls at the time of the bite, or was on that property immediately before and was then chased off it by the dog.

This is often called “strict liability” because the victim does not have to prove the owner knew the dog was dangerous in order to establish liability. A first-time bite still counts. Alabama’s version, however, comes with important limits in the companion statutes:

  • § 3-6-2: who counts as “lawfully on the property.” The statute protects invitees (express or implied), as well as people there to deliver mail, read meters, deliver goods, or make repairs to a public utility. A friend visiting for dinner, a delivery driver, and a neighbor walking up to the front door are all covered. Trespassers are not.
  • § 3-6-3: the mitigation trap. This is the provision that catches most victims off guard. If the owner pleads and proves that they had no knowledge of any circumstance indicating the dog was vicious, dangerous, or mischievous, their liability is reduced to only the victim’s “actual expenses,” meaning medical bills and economic losses rather than pain and suffering or emotional distress. Defeating this defense is where an experienced dog bite lawyer earns their keep.
  • § 3-6-4: the savings clause. Nothing in the dog bite chapter diminishes any other right or liability that exists under Alabama law. In plain terms, it preserves the separate common-law negligence claim described below.

Track 2: Off the Owner’s Property, the “One-Bite” Rule (§ 3-1-3)

When an attack happens away from the owner’s property, such as on a sidewalk, in a public park, or on someone else’s land, § 3-6-1 usually does not apply. Instead, the claim proceeds under Alabama Code § 3-1-3 and common-law negligence. Under this track, the owner of a vicious or dangerous animal is liable when, through careless management or by allowing the animal to run loose, it injures someone who is not at fault.

The central question here is “scienter,” which is whether the owner knew, or had reason to know, that the dog had dangerous propensities. Evidence of prior bites, neighbor complaints, animal-control records, aggressive behavior, a “Beware of Dog” sign, or a dog kept heavily muzzled or chained can all establish that knowledge.

The pit bull advantage: Humphries v. Rice. In Humphries v. Rice, 600 So. 2d 975 (Ala. 1992), the Alabama Supreme Court held that an owner is charged with knowledge of the propensities of the breed of dog they own. That means an owner’s knowledge that their dog is a pit bull can, by itself, support a finding of scienter — even if the dog never bit anyone before. Because the majority of serious attacks we handle involve pit bull breeds, this case law is often the key that unlocks full damages.

Other Statutes Worth Knowing

Alabama also imposes double damages on an owner who knows their dog was exposed to rabies if the dog later becomes rabid and bites (Ala. Code § 3-1-2). And violating a local leash or restraint ordinance can serve as evidence of negligence, known as negligence per se. Birmingham and Jefferson County both require dogs to be confined or kept under control.

Were You Recently Injured by a Dog? If you or a loved one became recently injured by a dog in Birmingham, we are here to help.
Click Here to Get Started

Why Alabama’s Contributory Negligence Rule Makes a Lawyer Essential

Alabama is one of only a handful of jurisdictions, along with Maryland, North Carolina, Virginia, and the District of Columbia, that still follows the doctrine of pure contributory negligence. It is one of the harshest rules in American injury law: if the dog owner’s insurer can show that you were even 1% at fault, you can be barred entirely from recovering anything.

In dog bite cases, that rule turns two defenses into knockout punches:

Provocation. Section 3-6-1 applies only to bites that occur “without provocation.” Insurers routinely argue that the victim, or a child, teased, startled, cornered, or hit the dog.

Trespass. A victim who was not lawfully on the property falls outside the statute’s protection.

This is exactly why representing yourself against an experienced adjuster is so dangerous in Alabama. A skilled dog bite attorney anticipates these defenses, gathers the evidence to defeat them, and keeps a sliver of alleged fault from wiping out your entire claim.

Emily’s Law: When a Dog Owner Can Face Criminal Charges

Your civil claim is about compensation. Alabama’s Dangerous Dog Procedure Act, known as “Emily’s Law” (Ala. Code § 3-6A), can also expose the owner to criminal liability, and the two cases can run in parallel.

Named for 24-year-old Emily Colvin, who was killed by a pack of loose dogs in Jackson County in December 2017, the law took effect June 1, 2018. It creates a court process (§ 3-6A-3 and § 3-6A-4) for animal control or law enforcement to investigate and have a dog formally declared “dangerous,” regardless of breed, and it defines several crimes (§ 3-6A-5):

  • Class B felony (2 to 20 years): a dog previously declared dangerous attacks without justification and causes serious physical injury or death.
  • Class C felony: an undeclared dog causes serious injury or death where the owner knew of the dog’s dangerous propensities and recklessly disregarded the risk.
  • Misdemeanors for less serious injuries and for violating the conditions placed on a declared-dangerous dog.

A court can also order a dangerous dog euthanized. For victims, an Emily’s Law investigation and any resulting “dangerous” declaration can become powerful evidence of the owner’s knowledge in the civil case.

Compensation Available in an Alabama Dog Bite Claim

When liability is established, Alabama allows recovery for both economic and non-economic harm. Alabama does not cap compensatory damages in dog bite cases, so the value of a serious claim is driven by the injuries themselves. Compensation can include:

  • Medical expenses: emergency care, surgery, hospitalization, rehabilitation, and future medical needs, including reconstructive or plastic surgery.
  • Lost wages and lost earning capacity: time missed during recovery and any long-term impact on your ability to work.
  • Pain and suffering: the physical pain of the attack and the recovery that follows.
  • Scarring and disfigurement: permanent, often visible damage, which carries significant weight, especially for facial injuries and injuries to children.
  • Emotional distress and PTSD: anxiety, nightmares, fear of dogs, and post-traumatic stress that can outlast the physical wounds.
  • Property damage: torn clothing and other personal items.

To learn how these factors come together, see our guide to average dog bite settlements in Alabama.

Who Can Be Held Liable for a Dog Bite?

The dog’s owner is the most common defendant, but they are rarely the only potential source of recovery. Identifying every responsible party is one of the most important things we do early in a case:

  • The dog’s owner, who is primarily liable under § 3-6-1 or common-law negligence.
  • A landlord or property owner. Under premises-liability principles, a landlord who knew a tenant kept a dangerous dog and failed to act may share liability. See our work in premises and negligent security cases.
  • A keeper, dog sitter, or harborer, meaning whoever had custody and control of the dog at the time.
  • Another resident or co-owner of the home where the attack occurred.

When a child is bitten by a parent’s dog. Under Alabama’s parental-immunity doctrine, a child generally cannot sue their own parent for negligence, which can bar a claim when a child is bitten by a dog the parent owns or harbors. In that situation, identifying an alternate defendant, such as a grandparent, landlord, dog sitter, or another owner of the home, is essential. Learn more in our article on parental immunity in Alabama dog bite cases.

If a Dog Attack Was Fatal

The most severe maulings can take a life, often a child’s or an older adult’s. If you lost a loved one to a dog attack, we understand that no settlement can undo your loss. Our firm handles wrongful death claims with care, and we can pursue both the civil case and accountability under Emily’s Law so your family can focus on grieving while we handle the legal process.

How Dog Bite Claims Actually Get Paid

In most cases, compensation comes from the dog owner’s homeowner’s or renter’s insurance, which often covers dog bite liability even for bites that happen away from the home. A few realities are worth understanding:

  • Policy limits. Liability coverage commonly ranges from $100,000 to $300,000, and sometimes up to $500,000. Damages above the limit can be pursued against the owner personally.
  • Medical-payments coverage. Many policies include $1,000 to $5,000 in no-fault “med-pay” that can address smaller bills regardless of fault.
  • Breed exclusions. Some insurers exclude or limit coverage for pit bulls, Rottweilers, and similar breeds, or deny a claim based on a dog’s bite history. We scrutinize these denials and pursue every available source of recovery, including umbrella policies.
  • Uninsured owners. If there is no coverage, collectibility becomes an issue, which is another reason to have a lawyer evaluate the case early.

What to Do After a Dog Bite in Birmingham

The steps you take in the first hours and days can make or break your claim:

  1. Get medical attention immediately. Dog bites carry a serious risk of infection. Prompt treatment protects your health and documents your injuries.
  2. Report the attack. Contact the police and your local animal control. In Birmingham, that means Jefferson County or municipal animal control, which can verify vaccinations, start the required rabies quarantine of the dog, and create an official record. See our guide on how to report a dog bite in Alabama.
  3. Document everything. Photograph your injuries, the location, and the dog if you can. Get the owner’s information and the names of any witnesses.
  4. Preserve evidence quickly. Surveillance video and animal-control records often decide these cases, and they can disappear within days. The sooner we start, the more we can protect.
  5. Call a Birmingham dog bite lawyer before you talk to the insurance company.

Do not sign anything. As our $100,000 Fairfield case shows, owners and insurance adjusters may pressure victims into signing away valuable claims for a few hundred dollars. Do not sign a release or give a recorded statement until you have spoken with a lawyer.

Common Dog Bite Injuries

Dogs most often bite the hands, arms, legs, and face. The injuries we see range from painful to life-altering:

  • Lacerations and deep puncture wounds
  • Nerve and muscle damage
  • Broken bones
  • Infection, including rabies and tetanus
  • Permanent scarring and disfigurement
  • Psychological trauma and PTSD

Dog Bites and Children

Children are the most frequent and most vulnerable victims. More than half of dog bite victims are children, and kids ages 5 to 9 face the highest risk of serious injury. Because children are small, bites more often reach the face and neck, and the resulting scars can require reconstructive surgery over months or years — with lasting emotional effects. Never leave a young child alone with a dog, even a familiar one, and teach children how to behave safely around animals: never approach an unfamiliar dog, never disturb a dog that is eating, sleeping, or caring for puppies, and never run from or scream at a dog.

Dog Bite Settlements and Statistics

Dog attacks are common and costly, and the numbers are rising. According to the Insurance Information Institute (Triple-I) and State Farm, U.S. insurers paid roughly $1.86 billion in dog-related injury claims in 2025, across about 28,450 claims. That was a 25.6% jump in claim volume over 2024. The average cost per claim was about $65,450, and the average claim has risen roughly 97% over the past decade as juries increasingly recognize the trauma and disfigurement these attacks cause. More than 4.5 million Americans are bitten each year — and most of them are children. Between 2010 and 2021, an average of roughly 43 people were killed by dogs each year in the United States.

No average tells you what your case is worth, though. Value depends on the severity of the injuries, the strength of the liability evidence, the available insurance, and how Alabama’s contributory-negligence rule plays out. For more detail, read our breakdown of average dog bite settlements in Alabama.

Aggressive Dog Breeds in Birmingham

While any dog can bite, certain breeds appear disproportionately in serious and fatal attacks, including pit bulls, Rottweilers, and German Shepherds. The majority of the cases our firm handles involve pit bull breeds. A dog’s breed does not automatically make it dangerous, but as Humphries v. Rice shows, an owner’s knowledge of their dog’s breed can matter legally. Learn more in our guide to the most aggressive dog breeds.

How We Handle Your Birmingham Dog Bite Case

From the first call, our focus is protecting your health, your rights, and the value of your claim. When you hire Fob James Law Firm, we:

  • Investigate fast and preserve the evidence that wins dog bite cases, including surveillance video, veterinary and animal-control records, and witness statements.
  • Identify every responsible party and every available insurance policy.
  • Build the proof of the owner’s knowledge needed to defeat the “actual expenses” defense and Alabama’s contributory-negligence arguments.
  • Handle all communication with the insurance company so you do not have to.
  • Prepare every case as if it is going to trial, which is often what drives a full settlement.

You focus on healing — we handle the rest.

How Much Does a Dog Bite Lawyer Cost?

At Fob James Law Firm, dog bite cases are handled on a contingency-fee basis. There are no upfront costs, and there is no fee unless we recover for you. Our fee is a percentage of the compensation we obtain, and we explain it clearly before you sign anything. The consultation is always free. For a full explanation of fees and what to ask before hiring anyone, see how much a lawyer costs for a dog bite claim.

How Long Do You Have to File?

Important deadline: In Alabama, you generally have two years from the date of the bite to file a lawsuit (Ala. Code § 6-2-38). If you miss that deadline, you can permanently lose your right to compensation.

Special rules can extend the deadline for injured minors, but you should never count on an exception. Contact a lawyer promptly. Learn more about how long you have to file a personal injury claim in Alabama.

Why Hire Fob James Law Firm?

For more than 40 combined years, our attorneys have advocated for injury victims across Alabama. In dog bite cases, our clients get:

  • Direct access to your attorney, Fob James, IV, rather than just a case manager.
  • Aggressive, trial-ready litigation. We take the cases other firms reject and prepare every one as if it is going to a jury.
  • No upfront fees. You pay nothing unless we win.
  • A record of large recoveries in difficult dog bite cases, including six-figure results on small medical bills.

Our five star reviews speak for themselves. Below are some of the awards and recognition dog bite lawyer, Fob James, IV, is honored to have received:

Related Articles