Not all dog bites are treated the same in a personal injury claim. Some leave behind deep wounds and permanent damage. Others cause more emotional harm than physical. One key factor in how they’re evaluated and litigated is the dog bite level.
Dog bite levels are typically based on a six-level scale that describes how severe the bite was. Attorneys, insurance companies, and animal control departments use it to classify what happened, evaluate fault, and help shape the outcome of a claim. The scale isn’t part of any statute, but it still affects how a case is framed—especially when the dog’s owner or their insurer downplays the injury.
Where the Scale Comes From
The most widely recognized bite level system was developed by Dr. Ian Dunbar, a veterinarian and behaviorist. His six-level scale breaks down the bite into measurable categories based on the extent of damage and whether the skin was broken. Animal control departments and veterinarians use the same levels during their assessments after a reported attack.
Courts and insurers don’t treat the scale as law, but it still shows up in dog bite injury cases—especially when there’s disagreement about whether the bite was serious or preventable.
The Six Dog Bite Levels (Plainly Explained)
Each bite level gives context for how a case might be evaluated. Here’s how the scale breaks down:
Level 1: Aggression Without Contact
The dog snaps or lunges but doesn’t make contact with skin. It’s treated as a warning or threat.
Legal Relevance: Usually not part of an injury claim unless it caused a fall, emotional trauma, or involved prior similar behavior that supports a negligence theory.
Level 2: Contact Without Skin Break
The dog bites, but its teeth don’t puncture skin. The bite may leave red marks or shallow indentations.
Legal Relevance: Claims based on this level usually require supporting evidence of emotional distress or a pattern of aggressive behavior. Medical treatment may be minimal or unnecessary.
Level 3: One to Four Punctures (Each Less Than Half the Tooth Length)
The bite breaks skin with shallow punctures, usually resulting from a quick bite and release.
Legal Relevance: This is typically where personal injury claims begin to carry more weight. Even if the punctures are shallow, the fact that the skin was broken and treatment was required (e.g., antibiotics, wound care, or a tetanus shot) makes the injury more actionable.
Level 4: One to Four Deep Punctures (Half Tooth Depth or More)
Deep punctures are present, and bruising or lacerations may show that the dog clamped down or shook its head while biting.
Legal relevance: Level 4 bites show significant force and a higher risk of lasting damage. Liability tends to be harder to dispute, and damages may increase based on the severity. Claims at this level may include scarring, nerve damage, or signs that the dog couldn’t be controlled.
Level 5: Multiple Bites with Deep Punctures or Multiple Attack Zones
At this level, the attack is sustained or includes repeated bites to multiple areas of the body. Injuries are extensive.
Legal Relevance: Level 5 cases are extremely severe. They typically lead to large settlement demands, especially if there’s permanent disfigurement, trauma, or impairment. A bite of this level may also trigger scrutiny of the owner’s handling of the dog—or knowledge of past attacks.
Level 6: Fatal Attack
The dog kills the victim. Fatal attacks are rare and usually happen to small children or older adults.
Legal Relevance: Wrongful death claims and criminal investigations usually follow. They also tend to uncover major lapses in containment, restraint, or prior knowledge of violent behavior.
How Attorneys Use Bite Levels to Build a Case
In personal injury cases, bite level evidence serves as a shorthand for the nature of the attack. Although it’s not admissible as scientific proof, it’s persuasive when used with medical records and photographs. Here’s how experienced dog bite attorneys typically use bite levels:
- Establishing severity: If an insurance adjuster downplays the injuries, the documented bite level can clarify how serious the attack was.
- Framing liability: A Level 3+ bite can help show that the dog had the ability to cause serious harm and that the owner failed to prevent it.
- Comparing to past behavior: In states where a “one-bite rule” applies, evidence that a dog previously bit at a similar level may help prove the owner knew the dog was dangerous.
- Anticipating defenses: A dog bite level can neutralize claims that the bite was accidental or provoked—especially if the force or pattern of the bite tells a different story.
The scale is especially useful when there’s no video or eyewitness testimony, but the victim has clear medical documentation. It also helps lawyers push back against claims that a wound “wasn’t that bad” simply because it healed without surgery.
Why Bite Severity Alone Isn’t Enough
Bite level is important, but it’s not the only factor that determines whether a case has merit—or value.
Other considerations include:
- Location of the bite: A small puncture to the face carries different implications than a similar injury on the leg.
- Scarring potential: Even Level 3 bites can cause permanent, visible scars that justify higher compensation.
- Emotional trauma: Children, in particular, may suffer long-term anxiety around dogs or in public spaces after being attacked.
- Medical complications: Infections, abscesses, or long healing times can push a case from minor to more serious quickly.
Attorneys look at the full context: whether the dog was on or off leash, whether the owner had control, whether warnings were posted, and whether the dog had a prior record. The bite level is just one part of a broader story that helps determine liability and damages.
Bite Levels and Insurance Negotiations
Most dog bite claims are handled through homeowners or renters insurance. Insurers use bite level documentation to categorize the risk—and to decide whether to deny, settle, or fight a claim.
In a good number of cases a Level 3 bite may lead to a small settlement offer early on. If the attorney documents a Level 4 or higher injury, that offer usually increases. When combined with proof of owner negligence, like failure to leash or prior bites, the leverage improves dramatically.
For higher levels—4, 5, or 6—insurers may handle the case like a serious car accident. They may escalate it to senior staff, increase reserve amounts, and bring in defense counsel early. Clear bite level classification helps shape how the case is handled from the start.
Animal Control Reports and Case Strategy
Local animal control agencies typically issue a report after a bite, and that report sometimes includes a bite level reference—especially if the dog is subject to quarantine or investigation.
Even if the report doesn’t state the bite level directly, it may include language that matches the Dunbar scale. That can be used by attorneys to approximate the level, particularly when combined with hospital records or photographs.
Some states or cities also have “dangerous dog” classifications that are triggered based on attack severity. Dangerous dog classifications aren’t always aligned with the bite scale, but they tend to follow similar thresholds—especially starting at Level 4 and above.
Bite Level Is a Starting Point—Not the Whole Case
Severity classifications help organize the facts, but they don’t define the full impact of a dog attack. A Level 4 bite might lead to a small settlement in one case and a high-dollar result in another, depending on the medical outcome, location of the wounds, how the attack happened, and whether the owner ignored known risks.
That’s where the real work happens—connecting bite classification to evidence, testimony, and damages in a way that makes the story clear. Attorneys who build strong cases don’t stop at labeling the injury. They document the full scope of harm, expose what could have been prevented, and make sure the insurer understands what the client went through.
Bite levels help frame the discussion. What determines the outcome is how well that story is told.