What defenses do Rhode Island dog owners have?

Trespass or other tort, provocation, an attempt to commit a crime, and your comparative negligence.

Does my fault bar the claim?

Only at 100%; otherwise it reduces damages.

Is a young child treated differently?

A child under seven is presumed not to have trespassed or tormented the dog.

Does the owner's leash compliance matter?

Not to strict liability outside the property.

Usually the owner's liability insurance.

Dog Bite Defenses: Provocation and Trespass

By the FigureMyTax Editorial Team · How we calculate

The statute is strict outside the enclosure, but it excludes trespassers and people who provoked the dog.

The statutory exceptions

The owner is not liable if the injured person was committing a trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, provoking, abusing or assaulting the dog or was attempting to commit a crime.

Young children

If the victim is a minor under seven, the law presumes the minor was not committing a trespass or tormenting or abusing the dog.

Comparative negligence

Your own negligence can reduce the damages you recover; Rhode Island is a pure comparative negligence state, so it only bars a claim at 100%.

Leash laws

Leash compliance protects against a separate category of municipal fines but has no bearing on whether strict liability attaches for an injury outside the owner's property.

Insurance

Most Rhode Island homeowner's and renter's policies include at least $100,000 in liability coverage for dog bites, according to a local firm.

Injured in Rhode Island?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a Rhode Island attorney

Official sources

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Rhode Island's rules apply to your specific case with a licensed Rhode Island attorney.