What are "One Bite" rules?

Each state handles liability for domestic animal attack in its own way.  In many cases, the laws that govern such things as dog bits are a combination of state statutes, city and county ordinances and case law. But once these laws have been drawn upon they usually end up in one of two different categories: the "strict liability rule," and the "one bite rule."

The strict liability rule holds the owner responsible for any injuries caused by a dog bite no matter what.  It doesn't matter if this is the first time the dog has bitten another since the owner has possessed the dog or not.  The premise is simply that the owner is legally responsible for the actions of the dog.  In some jurisdictions, despite the strict liability rule, there are some owner protections; they include if the dog bite victim was a trespasser, a veterinarian attempting to treat the animal, the victime provoked the dog, the victim ignored the owner's warnings to not approach the dog, the dog bit the victim while conducting military or police operations.

The strict liability rule, however, differs in how it is applied.  In some jurisdictions it applies to the dog's keeper as well as owner if they are not the same person.  Some use the rule no matter what the injury, bite or otherwise.  In some places they allow for compensation to everything, while others only allow medical bills; others may only apply the rule during the day or if there were not warning posted. 

The one bite rule, also called the "first bite rule," or "first bite free rule," holds that the dog owner cannot be held responsible for injuries to another caused by his/her dog if it is the first time the dog has ever bitten another and as long as the owner hasn't been negligent in his/her duties to control their animal.  The owner must not be guilty of violating any other dog laws, such as allowing the dog to run in public places without a leash.  The rule, however, does not protect the owner if the owner was aware that the dog had a propensity to bite.  This can be established if the dog has already shown a propensity to snap at other people; the owner has told others that his dog is an attack dog; the owner has cautioned other regarding his dog's tendency to bite; or the dog is often seen wearing a muzzle.  Under these circumstances liability is determined using the strict liability rules.