Am I automatically liable if my dog bites someone?

Most states provide laws with regard to liability for dog bites. Although state laws vary on how dog bites are treated, there are basically three types of laws that pertain to owner liability when a party is injured by the owner's dog: strict liability, "one bite", and negligence.

Strict Liability

States with strict liability laws make the dog owner liable for nearly every injury the owner's dog causes. As the dog owner, you cannot assert that you didn't know your dog was dangerous or had a previous history of biting people. Even if you provided all measures to restrain your dog or protect the public with warning signs, you will still be liable except where the victim was a trespasser on your property without permission; a veterinarian treating your dog; or someone who deliberately provoked your dog by hitting it.

One Bite Laws

One bite laws make a dog owner liable only on the occasion of a second bite. This means you are not liable when your dog causes injury for the first time. The exceptions to the "one bite" law is when you knew or had reason to know that your dog had a "dangerous propensity" such as the dog is regularly aggressive toward people. Even warning someone that the dog bites is evidence that you knew the dog was dangerous, and therefore, you could not assert the one bit law. The law basically only protects those who had no warning their dog would attack.

Negligence

Nearly every state has laws regarding negligence whether through commission or omission. You may be deemed negligent if you let your dog roam free in a state with a leash law; you don't provide safe fencing to restrain your dog; or you don't take reasonable steps to protect visitors or guests when you know your dog is excitable. In states with negligence law, you may be found liable even if you are not found liable under the first two rules.

Talk to a lawyer to discuss the dog laws in your state as well as your possible liability.