State Dog-Bite Laws: "One-Bite" vs. Strict Liability

Laws determining a dog owner's liability for bites and other injuries caused by their pet vary from state to state, but there are essentially two basic rules: liability when the dog owner knew or should have known the dog might bite someone (often referred to as the "one-bite rule") and liability regardless of what the owner knew or should have known (often referred to as "strict liability").

In this article, we'll:

• explain the difference between these two legal concepts, and
• provide a snapshot of the dog-bite injury liability rules in each state.

The "One-Bite" Rule and Dog-Bite Injury Liability

Prior to the twentieth century, a dog owner was usually only held liable for injuries when their dog bit someone if the owner had reason to know the dog might bite. This was known as the "one-bite" rule because it generally meant that a dog was allowed "one free bite" before the owner would face legal trouble.

In modern times, the one-bite rule does not necessarily allow a dog one free bite. If an owner knows the particular breed is dangerous, or if the particular dog might be prone to biting because of its general character or some other factor, he or she could face liability for the dog's first bite.

The focus is on whether the owner knew or should have known that the dog might bite, and whether the owner took reasonable precautions based on that knowledge. For example, if a relatively aggressive dog recently underwent surgery and the owner did not warn a house guest not to pet the dog, the owner might be held liable if the house guest is subsequently bitten.

As a fault concept, the "one-bite" rule has much in common with (and often overlaps) the personal injury liability rule of negligence.

"Strict Liability" for Dog-Bite Injuries

Many states have enacted "dog-bite" statutes that create a form of "strict liability" for dog bites. Strict liability means that the defendant is held liable if a certain event occurs, regardless of whether the defendant could have done anything to prevent the event.

The typical strict liability dog-bite statute says that a dog owner is liable if his or her dog bites someone, regardless of whether the owner did anything wrong, as long as the injured person:

• was not trespassing or otherwise breaking the law at the time of the incident, and
• did not provoke the dog.

If a strict liability dog-bite statute applies, what the owner did or did not know about the dog prior to the bite is usually irrelevant. Note that strict liability dog-bite statutes are not the same in every state that has one of these laws on the books. Some states only apply strict liability to bites that occur on public property, or to particular kinds of claimants (government employees, for example).

Dog Owner Liability Rules by State

Below we've provided the general rule for dog owner liability in each state. Note that in "strict liability" states (especially those where exceptions can make the rules tough to sort out), a dog owner can always be held liable if injuries resulted from the owner's negligence. And in a "One-Bite" state, negligence rules may overlap with the statutory requirements for dog owner liability. Remember too that state laws can always change. Talk to a lawyer or do your own research to make sure you're getting the most up-to-date information