Owner Liability for Dog Bites and the One Bite

Each state has different dog bite liability laws for dog owners. In fact, dog bite law is often a combination of state statutory law, case law, city and county ordinances and common law. These laws, however, can be classified into two general categories: the “one bite rule” and the “strict liability rule”.

The one bite rule is also known as the "first bite rule," or the "first bite free" rule. Under this rule, a dog owner cannot be held liable for injury to another caused by his or her dog’s first bite as long as the owner was not negligent in his or her duties to control the dog. The owner must also not have been in violation of other protective dog laws such as not letting the dog run loose in public places without a leash. The rule also does not apply if the owner was aware or should have been aware of his or her dog’s propensity to be dangerous, which could be established if:

• The dog had a tendency to snap at people
• The owner told others that the dog is an attack dog
• The owner cautioned others that the dog bites
• The dog often wears a muzzle

Liability for subsequent bites is then generally determined under strict liability rules.

The strict liability or "scienter" (knowledge) rule holds that the owner is responsible for injuries caused by a dog bite regardless of whether the bite was the first one since the owner took possession. The basic premise is simply that because the owner legally owns the dog, the owner is also legally responsible for it.

Depending on the jurisdiction, however, some protections are extended to dog owners, even when the strict liability rule applies. For example, dog owners may not be held liable for injuries caused by their dog’s bite if:

• The dog bite victim was a trespasser
• The dog bite victim is a veterinarian treating the dog
• The dog bite victim provoked the dog
• The dog bite victim ignored warnings by the owner not to approach the dog
• The dog bit someone during a military operation or while helping the police

But even in states that have the strict liability rule in common, its applicability varies in scope. Some apply the rule to the dog’s keepers as well as their owners if they are not one and the same. Others apply the rule to injuries caused by the dog by means other than biting. Some provide for full compensation while yet others only for medical bills and/or other economic losses. In some states the rule may apply only during daytime, if no warnings were posted, or if the victim provoked the dog at the time he or she was bitten and not previously. For this reason, it is key for a dog bite victim to consult with an attorney who understands local dog bite injury liability rules and regulations.

If you or a loved one has been the victim of a dog bite, you should retain an experienced dog bite lawyer to help you get the most from your claim.

This article is provided courtesy of PersonalInjury.com. For more information about dog bite lawsuits, or to find an experienced dog bite lawyer, please visit www.personalinjury.com.

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Tags: case law, common law, dog bite, dog owner, dog owners, jurisdiction, muzzle, premise, propensity, strict liability, trespasser, veterinarian