It happened in a quiet Meridian neighborhood. A woman was out for her morning walk when a dog ran across the yard and bit her hand. But when she filed a claim, the owner pushed back—saying she startled the dog and shouldn’t have been near the property line. Suddenly, she wasn’t just dealing with an injury—she was being blamed for it.
If you’ve been bitten by a dog in Idaho, you may be legally entitled to compensation. But it’s common for dog owners and their insurers to try to avoid responsibility by raising legal defenses. Knowing what those defenses are—and how to counter them—can make all the difference.
“You Provoked the Dog”
This is one of the most frequently used defenses. In Idaho, if the dog owner can prove that you provoked the dog into attacking, they may avoid liability.
Provocation can include things like hitting, yelling at, or teasing the dog—but dog owners sometimes stretch this argument. They might claim you moved too quickly, reached for the dog, or made sudden gestures that “startled” it.
To counter this defense:
- Collect eyewitness statements about how the attack happened
- Look for video surveillance or security cam footage
- Show a lack of aggressive behavior on your part
- Emphasize if the victim was a child—children are held to a different legal standard
In a case out of Nampa, a boy was bitten after simply walking past a neighbor’s fence. The owner claimed he had antagonized the dog. However, witnesses confirmed that the child had never touched or spoken to the animal, and the claim was successfully challenged.
“You Were Trespassing”
Another common defense is that the victim was trespassing when the bite occurred. Idaho law generally protects dog owners if their animal bites someone unlawfully on their property.
But this isn’t always cut and dry. Were you delivering a package? Visiting a friend? Walking along a poorly marked property line?
You may be able to defeat this defense by:
- Proving you had a legal or invited reason to be there
- Showing the property line was unclear or unenforced
- Demonstrating that the dog wasn’t properly contained (e.g., no fence, no leash)
For example, in Boise, a landscaper bitten on a customer’s property was accused of trespassing. His employer’s work order and prior visits helped prove he had a valid reason to be there.
“The Dog Has No History of Aggression”
Under Idaho’s “one-bite rule,” a dog owner might avoid liability if their dog has never bitten before or shown signs of aggression.
But this doesn’t mean the owner is automatically off the hook. Courts may still find them negligent if:
- The dog had acted aggressively in other ways (growling, lunging, etc.)
- The dog wasn’t properly leashed or enclosed
- The owner had reason to believe the dog could be dangerous
To challenge this defense, look for:
- Prior complaints to animal control
- Neighbors who’ve had concerning interactions with the dog
- Social media posts or texts referencing aggressive behavior
In Twin Falls, a woman was bitten by a dog that had never bitten before—but several neighbors had warned the owner about its behavior. That history helped win the case.
“You Assumed the Risk”
Sometimes, dog owners argue that the victim knew the risks and accepted them. This defense may come up if the victim was familiar with the dog—like a friend or family member—and interacted with it often.
But simply knowing a dog doesn’t mean you assumed the risk of being seriously injured.
This defense can be countered by showing:
- The dog had never shown signs of danger before
- You had no reason to expect an attack
- You didn’t knowingly take on a risk of injury
Even if the victim was playing with the dog or petting it—like in a recent case in Meridian—that doesn’t mean they accepted the possibility of being bitten.
Why These Defenses Matter—and How to Fight Back
Dog bite claims can get complicated quickly, especially when the dog owner or their insurance company starts pushing blame onto the victim. That’s why it’s so important to speak with an attorney who knows how to counter these defenses with facts, evidence, and legal strategy.
A skilled lawyer can help:
- Investigate the dog’s past behavior
- Interview witnesses
- Review medical and animal control records
- Push back against unfair assumptions
At Johnson & Lundgreen, we’ve handled dog bite cases across Boise, Meridian, Nampa, and Twin Falls. We know the defenses insurance companies use—and how to challenge them effectively.
If you’ve been bitten, don’t let blame tactics stop you from getting justice. Trust our team to fight for your rights and help you move forward with confidence. Contact us today for a free consultation.