Dog Bite Levels: Legal Definitions and Average Settlements

Dog bite levels typically refer to the six classifications of the Dunbar Bite Scale, a system that categorizes bites based on the extent of injury inflicted. While a vast majority of dog bites result in no skin contact or punctures, some can cause severe trauma, require surgery, or even be fatal. 

Whether you’re recovering from a dog bite or want to understand your potential obligations as a dog owner, let’s explore the characteristics of the six dog bite levels and what to expect following such incidents. 

The Dunbar Bite Scale overview

Developed by Dr. Ian Dunbar, a veterinarian and animal behaviorist, the Dunbar Bite Scale is often used by dog trainers, medical professionals, dog bite lawyers, and insurance companies to classify and describe dog bite incidents. 

The Dunbar Dog Bite Scale consists of six levels, each representing an increase in severity: 

• Level 1: Aggressive behavior with no skin contact. 
• Level 2: Teeth-to-skin contact without puncture, possibly resulting in red marks or minor bruising. 
• Level 3: Single bite with one to four shallow punctures, none deeper than half the length of the dog’s canine teeth. 
• Level 4: Single bite with one to four deep punctures, at least one deeper than half the length of the dog’s canine teeth. 
• Level 5: Multiple bites at Level 4 severity, whether two or more from a single attack or numerous attacks with at least one Level 4 bite.
• Level 6: A bite (or bites) resulting in the death of the victim. 

Each level poses different implications for the bite victim and the dog owner, including potential consequences for the animal involved. However, keep in mind that local laws, long-term consequences of the injury, and the owner’s knowledge of the dog’s aggressive behavior can also play a role in determining liability and fair compensation. 

Given these considerations, victims can consult dog bite lawyers to understand their rights and options after an attack. Still, it’s worth exploring each dog bite level’s characteristics and potential settlement amounts to decide if you should seek legal help.

Level 1 dog bite

• Defined by: Aggressive behavior, but the dog’s teeth don’t come into contact with the skin. 
• Average settlements: Typically, Level 1 dog bites don’t result in financial settlements.

Despite its name, a Level 1 dog bite doesn’t involve a bite at all. Instead, this classification refers to instances where a dog displays aggressive behavior like growling, showing its teeth, or lunging at someone without making physical contact. 

This is often a display of discomfort or a defensive reaction rather than an intention to cause harm. Still, Level 1 dog bites can be psychologically distressing—especially for young children or those who are afraid of dogs. From a legal standpoint, Level 1 bites rarely result in financial compensation since there’s no physical injury. 

However, they may have implications for dog owners, particularly if the behavior is recurring or happens in public spaces. If the victim reports the issue, animal control services might issue warnings or require the owner to take preventative measures.

Level 2 dog bite

• Defined by: The dog’s teeth make contact with the skin, but there’s no vertical puncture. 
• Average settlements: Minimal (if any) compensation, depending on specific circumstances. 

According to the APDT, Level 1 and 2 incidents account for over 99% of all bites, though Level 2 bites involve actual contact between the dog’s teeth and the victim’s skin. The dog’s teeth may also leave visible marks, cause minor bruising, or create small scrapes, but they don’t puncture the skin directly. 

The dog’s behavior in a Level 2 bite is noticeably more aggressive, often an attempt to assert dominance or respond to fear. Still, legal or financial consequences for Level 2 bites are usually limited, though extreme cases (such as those requiring tetanus shots or wound cleaning) may result in some compensation. 

On the other hand, for dog owners, a Level 2 bite may lead to increased homeowners or renters insurance premiums (if reported), and in some jurisdictions, it could result in the dog being classified as dangerous. Level 2 bites are also more likely to result in mandated training, fines, or stricter containment measures for the dog. 

Level 3 dog bite

• Defined by: One to four punctures from a shallow bite, with none deeper than half the length of the dog’s canine teeth. 
• Average settlements: Varies widely, often from $500 to $10,000 or more. 

In a Level 3 dog bite, the dog moves beyond warning behavior and inflicts a minor to moderate injury, depending on where it bites. The punctures indicate the dog bit down with enough force to break the skin, usually because it felt cornered, threatened, or provoked. 

While the punctures may be relatively shallow, they still carry a risk of infection and may need professional cleaning, antibiotics, or stitches. In these cases, victims should seek immediate medical care and may need follow-up visits to monitor healing. 

Victims can typically receive compensation to cover their medical expenses, lost wages, and pain and suffering due to a Level 3 dog bite. In turn, owners may face fines, mandatory dog training, or even civil liability lawsuits in certain situations. It’s also reasonable to expect higher insurance premiums or even policy cancellations, especially for repeated incidents. 

Level 4 dog bite

• Defined by: A single bite resulting in one to four deep punctures, with at least one puncture deeper than half the length of the dog’s canine teeth. 
• Average settlements: Often between $10,000 and $50,000 but can exceed this range, depending on the severity of injuries, long-term consequences, and jurisdiction. 

At Level 4, the dog has inflicted significant injury. The deep punctures carry a high risk of infection and may cause significant damage to underlying tissue, muscles, bones, or joints. Medically, Level 4 bites require immediate and often extensive treatment, especially if the animal bites a vulnerable part of the body, like the face or neck. 

Level 4 bites typically result in severe consequences for the dog owner. In addition to covering the victim’s medical expenses (which may include reconstructive surgeries), lost wages, and psychological trauma, dog owners may face substantial increases in liability insurance premiums if they can maintain coverage at all. 

In many jurisdictions, a dog that inflicts a Level 4 bite is designated as dangerous, which may lead to mandatory euthanasia in some cases. If the dog is allowed to live, requirements often include muzzling in public, more comprehensive liability insurance, and prominent warning signs on the property. 

Level 5 dog bite

• Defined by: Multiple Level 4 bites or attacks with at least one Level 4 bite each. 
• Average settlements: At least $30,000 to $75,000 or more, depending on the same factors as for a Level 4 dog bite. 

A Level 5 dog bite is extremely serious and sometimes life-threatening. It often involves significant tissue damage, deep lacerations, and potential damage to vital structures or bones. The dog responsible for the bite usually shows a level of aggression beyond typical canine behavior, which may indicate a temperament problem that makes the dog unsuitable as a pet. 

Level 5 bites require immediate, often emergency, medical attention. Victims typically need extensive surgical repairs, extended hospital stays, and long-term rehabilitation. For severe injuries, permanent disfigurement or loss of function are common outcomes, not to mention psychological trauma and diminished quality of life. 

Given the severity, Level 5 dog bites almost always result in significant lawsuits or insurance claims (sometimes well into the six-figure range). The owner may also face criminal charges, and many jurisdictions consider the dog an extreme public safety risk and require it to be put down. 

Level 6 dog bite

• Defined by: An attack resulting in the victim’s death. 
• Average settlements: Can easily exceed $100,000 and may reach into the millions. 

A Level 6 dog bite represents the most extreme and tragic outcome on the Dunbar Bite Scale: a fatality. Needless to say, the behavior exhibited by a dog in a Level 6 attack is abnormal and poses the most severe threat to public safety. Such incidents are rare, but the emotional and financial impacts on the victim’s family are nothing short of devastating. 

Many Level 6 dog bites lead to criminal investigations and sometimes charges against the dog owner, especially if there’s evidence of negligence or prior knowledge of the dog’s aggressive tendencies. Civil wrongful death lawsuits are common, as are high-value settlements or court judgments, though no amount of money can truly compensate the victim’s family for their loss. 

While insurance may cover part of these costs, the financial burden can be so overwhelming that it may cause dog owners to sell valuable assets or file for bankruptcy—and many jurisdictions will permanently ban them from ever owning another dog again. 

Legal considerations for dog bites

The exact compensation a victim can receive for a dog bite depends on other factors besides the severity of the attack and any subsequent injuries, including the following legal considerations: 

Owner liability

In some states that follow “strict liability rules,” dog owners are always liable for any injuries their dog causes, regardless of past behavior or the owner’s knowledge of potential aggression. Other areas that enforce a “one bite rule” may protect owners from liability if it’s the dog’s first offense and they had no reason to believe their dog was dangerous. 

Moreover, some jurisdictions have mixed systems or specific statuses governing dog bites, often including provocation, trespassing, or local leash laws. To understand how your state handles dog bites and whether you deserve compensation (or believe you shouldn’t owe anything as the dog owner), you can contact personal injury or dog bite attorneys to discuss your options. 

Insurance implications

Dog bites typically fall under homeowners and renters insurance policies, which may include liability coverage for medical expenses, legal fees, and settlements. However, some policies may have specific limits for dog-related incidents, and some may exclude coverage for breeds perceived as high-risk. For victims, it’s essential to determine the type and extent of insurance coverage available, as this influences how much compensation they may recover. 

Reporting and documentation

Victims should report the incident to local authorities, such as animal control or law enforcement, as soon as reasonably possible following a dog attack. Without an official report of the incident, victims may encounter challenges when submitting an insurance claim or pursuing legal action, as the dog owner may dispute that the attack ever happened. 

Likewise, victims should collect evidence such as photographs of the injuries, witness statements, medical records, and their expenses to strengthen their claims. 

Legal recourse for victims

Dog bite victims have the right to seek compensation through personal injury lawsuits. However, there’s a limited time frame—known as the statute of limitations—within which they can take legal action, typically ranging from one to three years from the date of the incident. If you’re considering this route, it’s especially crucial to meet with a personal injury lawyer to ensure you meet all legal deadlines. 

Consequences for dog owners

Dog owners may face significant consequences following an attack, depending on local laws and their degree of negligence. These can include fines, mandatory dog training or behavior modification programs, and increased insurance premiums. In severe cases, owners might be subject to criminal charges, and the authorities may require confinement measures or mandatory euthanasia to prevent future attacks. 

What compensation could I receive from a dog bite claim?

You may be entitled to various types of compensation due to a dog bite injury to cover costs related to the following: 

• Medical bills for treatment and rehabilitation
• Long-term care for permanent or prolonged disability resulting from the bite
• Lost wages or income due to time off work for recovery
• Loss of future earning capacity if the injury affects your ability to work
• Pain and suffering from physical discomfort and trauma
• Emotional distress—including anxiety or fear of dogs—developed after the incident 
• Damaged personal property, such as clothes or sunglasses

Given the complexities of dog bite laws, insurance claim procedures, and bite classifications, it’s advisable to work with a personal injury or dog bite lawyer to protect your interests. From negotiating on your behalf to allowing you to focus on recovery, working with an attorney has numerous benefits—and you can find one today through LegalZoom’s online lawyer directory. 

FAQs

How bad does a dog bite have to be to make it serious?

A dog bite is considered serious if it breaks the skin and causes punctures, bruising, or tears. Serious bites also require medical attention, may lead to infections or long-term damage, and often result in significant legal and financial consequences. 

What is the difference between Level 2 and Level 3 dog bites?

A Level 2 dog bite means the teeth make contact with the skin but don’t puncture it. A Level 3 dog bite results in one to four shallow punctures, which are measured in comparison to the size of the dog’s teeth. 

What can dog bite attorneys do?

A dog bite attorney can help victims or dog owners understand their legal rights, handle the claims process, gather evidence, negotiate settlements, and represent them in court if need be.