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Omaha Dog Bite Lawyers
Helping children, adults, and families recover after serious dog bites and animal attacks in Omaha and throughout Nebraska
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While dogs are an incredibly popular pet, often treated as a part of the family, there are times when an animal attacks. The result of this can be far more than a small puncture wound. The harm can include facial injuries and permanent scarring, nerve or tendon damage, infections, fractures, and psychological trauma, particularly in children.
According to the CDC, nearly one in five people bitten by a dog suffers an injury that requires medical attention. Children are more likely than adults to suffer a bite, and the resulting injuries are often more severe. If you or a loved one suffered a dog bite, Nebraska law is favorable to many dog bite victims because an owner generally does not get a “first bite free.” If you have questions about your rights following a dog bite, reach out to Inserra Kelley Cooper Sewell to discuss your case and legal options.
How We Can Help
- What does Nebraska law say about dog bites?
- Who can be responsible for a dog attack?
- What should I do after a dog bite in Omaha?
- Why are dog bites especially serious for children?
- What compensation may be available after a dog attack?
- What Omaha dog-control laws may matter?
- How long do I have to file a Nebraska dog bite claim?
- Why choose Inserra Kelley Cooper Sewell?
- Omaha dog bite FAQs
- Talk to an Omaha dog bite lawyer
What does Nebraska law say about dog bites?
A dog bite can cause serious injuries, permanent disfigurement, and leave victims with costly medical bills. Here are some relevant laws if you are facing the aftermath of an animal attack.
Nebraska is a strict-liability state for dog owners
Under Nebraska Revised Statute § 54-601, the owner of a dog is liable for damages suffered by a person, other than a trespasser, from being bitten by the dog. In fact, the statute doesn’t just apply to bites. The law applies to killing, wounding, injuring, worrying, or chasing people or domestic animals.
Unlike some states that have a so-called “one-bite rule,” a victim in a Nebraska animal attack case is not required to establish that the dog had bitten someone before, that the owner knew the dog was aggressive, or that the owner negligently failed to restrain the dog. This strict liability policy can make your claim more straightforward.
Statutory strict liability does not apply to a trespasser, however. Additionally, if a victim intentionally provoked the dog, resulting in an attack, they can be barred from statutory recovery.
Who can be responsible for a dog attack?
Several people or parties can be held legally responsible for a dog attack, including the following.
The dog's owner
The dog’s owner is often the most likely person to be held liable for their pet’s attack. Ownership can usually be established through animal-control records, veterinary records, licensing records, admissions, witnesses, and other evidence.
A person controlling someone else's dog
The strict liability statute applies to the dog’s owner, but the Nebraska Supreme Court recognized that someone who has possession or control of another person's dog may also owe a duty to protect others from foreseeable risks created by their pet. That liability is dependent on a negligence analysis. So, a dog sitter, caretaker, or another person exercising actual control at the time of the incident may bear liability depending on the facts.
What about landlords or property owners?
Landlords are not subject to strict liability if the dog that caused injuries lived on leased property. However, there may be a way to hold them liable under negligence theories if the facts support such an analysis.
What should I do after a dog bite in Omaha?
Following a dog bite or other type of animal attack, there are important steps to take to protect yourself, your claim, and others.
Get appropriate medical treatment
If a bite is severe, it’s necessary to get treatment right away. The injury may require stitches and other care. Also, dog bites can spread germs even when a wound doesn’t appear particularly serious. The CDC recommends prompt care for deep wounds, uncontrolled bleeding, signs of infection, or uncertainty about rabies vaccination.
Identify the dog and owner if possible
It’s important to obtain the owner's name and contact information if possible. Also, ask for rabies vaccination information, but try not to escalate the encounter.
Report the attack
According to the CDC, you should report the dog bite to local animal control or the police. Reporting shows you took the incident seriously.
Document the injuries
Take photographs shortly after the attack and throughout healing, especially where scarring evolves.
Preserve evidence
Don’t wash or discard the clothing you were wearing. Keep witness names. Hold onto medical documentation and any reports from animal control. If possible, take photos of the location and any relevant conditions.
Do not rush into an insurance settlement
Following a serious bite, an insurer may reach out and offer a settlement. If you settle before you fully understand the longer-term consequences, like permanent scars, surgery, nerve injury, or psychological treatment, you may agree to an amount that is far too low to cover your true losses. Once you settle, you can’t go back and ask for more.
Why are dog bites especially serious for children?
One of the reasons that children are at risk of more severe injuries from a dog bite is their size. Smaller children are more likely to suffer an attack to the face, head, or neck than a taller adult would. This can result in severe harm, the need for surgery, permanent scars, and other consequences. Additionally, children who experience a serious dog attack may suffer from PTSD and emotional trauma. They may, therefore, need years of mental health treatment and counseling.
Another factor is that children may not know how to avoid a dog that is displaying signs of aggression or may behave in ways that increase their risk of being bitten. Many of these attacks involve a dog that is familiar to the child or the family.
What compensation may be available after a dog attack?
The compensation available after a dog bite or animal attack is heavily dependent on several factors, including the nature and extent of the injuries. Here are some more general categories of compensation that could apply in your dog bite claim.
Medical and financial losses
If your injuries required medical treatment, you may be able to recover the related costs. For instance, your damages may account for:
- Emergency medical care
- Hospital and physician bills
- Sutures
- Surgery and reconstructive or plastic surgery
- Infection treatment
- Medication
- Physical or occupational therapy
- Counseling and other related psychological treatment
- Future medical care
- Lost income
- Reduced earning capacity (in serious cases that impact your ability to work as before)
Scarring, pain, and emotional effects
The law also allows for noneconomic damages, which could include compensation for your:
- Physical pain
- Emotional distress
- Permanent scars or disfigurement
- Loss of enjoyment of ordinary activities
- Fear and anxiety associated with the attack
Where does the money usually come from?
In many cases, your dog bite claim may involve a homeowners or renters liability policy. The results of this will depend on the policy language and any exclusions. We can help you determine what coverage is available in your case.
What Omaha dog-control laws may matter?
In addition to state laws, some citywide codes and ordinances could apply.
Omaha requires owners to restrain their dogs
The Omaha municipal code’s animal-control provisions include a dog-restraint requirement. Specifically, Omaha dog owners must keep their dogs securely restrained or otherwise confined on the owner's premises. Also, aside from authorized off-leash areas or events, Omaha restricts dogs running at large in public and on other people's property. Omaha dog owners may encounter these rules in familiar places like The RiverFront downtown, where dogs must remain leashed outside the designated Gene Leahy Mall Dog Park near 8th and Douglas Streets.
Violations of these rules won’t lead to strict liability, but they could help provide evidence in your claim.
Nebraska also regulates dogs classified as dangerous
Nebraska law defines "dangerous dogs.” A dangerous dog is one that “(i) Has killed a human being; (ii) has inflicted injury on a human being that requires medical treatment; (iii) has killed a domestic animal without provocation; or (iv) has been previously determined to be a potentially dangerous dog by an animal control authority, the owner has received notice from an animal control authority or an animal control officer of such determination, and the dog inflicts an injury on a human being that does not require medical treatment, injures a domestic animal, or threatens the safety of humans or domestic animals.”
Those dogs that meet that definition are subject to additional confinement and restraint obligations. However, a prior designation isn’t necessary to bring a claim, and the statute contains exceptions to the above definition in certain circumstances.
How long do I have to file a Nebraska dog bite claim?
Nebraska's general limitation period for ordinary tort and personal injury claims is four years. But this by no means should suggest you have time to wait before starting your claim. Animal control records may become more challenging to locate, photographs can disappear, witnesses can become difficult to track down, and other factors can also make it harder to build a strong case.
There are some provisions that may change that filing deadline, such as if the victim is a minor at the time of the incident. However, certain claims may belong to the parents, not the victim, and those would not survive past the statute of limitations.
Why choose Inserra Kelley Cooper Sewell?
Our firm has experience handling high-stakes personal injury cases, including dog bite claims.
We know how insurers evaluate injury claims
Several attorneys at our firm have worked on the insurance-defense side. This means we understand the way carriers analyze liability, medical documentation, scarring, and damages. We prepare claims to combat their strategies, and we carefully prepare every case as if we’re going to take it to court. When insurers know you’re ready to go to trial, they are more likely to make serious settlement offers.
Results in serious dog-bite claims
Past results do not predict future outcomes, and every case is unique. However, we’re proud of the results we’ve achieved for our clients and believe they demonstrate our commitment to reaching a positive resolution for Omaha injury victims.
$300,000
settlement — 2025: A dog bite to a child's face.
$250,000
settlement — 2025: A dog bite resulting in bruising and scarring.
$100,000
settlement — 2024: A strict-liability dog-bite claim resolved for policy limits before suit.
What clients say
"Inserra Kelly helped me get through a stressful situation in a timely manner. They focused on my healing first and foremost and walked me through the legal steps one by one."– Jayne G.
"The whole office is run very efficiently and with a lot of compassion. Everyone there helps you feel like you're a family member. Above and beyond while genuinely caring about what's going on in your life, is my best characterization."– Dennis S.
Omaha dog bite FAQs
Can I have a case if the dog did not actually bite me?
Potentially. The law may allow for injured people to recover if a dog wounds, injures, or chases them. The fact pattern matters here. For instance, if a dog aggressively chases someone and causes a fall, that presents a materially different question than if a friendly dog accidentally bumps into someone while playing.
What if the dog belongs to a friend or family member?
What if the dog had never bitten anyone before?
Does filing a dog bite claim mean the dog will be put down?
How much does it cost to hire IKCS for a dog bite case?
Do you have an Omaha dog bite lawyer near me?
Talk to an Omaha dog bite lawyer
Dog attacks can leave you facing painful treatment, scarring, fear, and questions about how you’re going to pay your medical bills. Inserra Kelley Cooper Sewell offers free consultations to all prospective clients. Call us today or fill out our online contact form to discuss your case with an experienced Omaha dog bite attorney. We’re here to help.