Dog Attack Law: Strict Liability vs. First Bite Free

The dog attack law known as the “one free bite rule” is a name for a legal doctrine that determines whether the owner of a domestic animal, such as a dog, can be held legally responsible for injuries caused by the animal. The premise under this rule allows the dog owner to not be held liable the first time their dog bites or inflicts injury to a person. However, this type of dog attack law only protects the owner if they followed all of the local laws pertaining to dogs.  If the dog owner was in violation of local leash laws when the attack occurred, they can be held legally responsible. The one-bite rule would also be waived if the owner was aware or should have been aware of their dog’s propensity to be dangerous. This can be established by the following:

• The dog has had a history of snapping at people
• The dog often wears a muzzle
• The owner has told other people that their dog is an attack dog
• The owner cautioned others that the dog bites

Whether or not a state follows the one bite rule, the liability can result from the negligent handling or confinement of a dog.

Determining Liability

Each year, nearly 800,000 Americans are the victim of a dog bite, which is serious enough to require medical attention.  The dog attack laws vary in each state, which can be broken down by these three types of liability:

1. Negligence Laws—The owner is liable for the injury because the owner was careless or negligent in controlling the dog.
2. Strict Liability—The owner is automatically liable for any injury or property damage the dog causes without provocation.
3. One Bite Rule—The owner of the dog is not liable for damages caused the first time the dog bites a victim unless the owner knew or should have known that the dog had a propensity for violence.

Currently, only 18 states subscribe to the one free bite rule which include; Alaska, Arkansas, Hawaii, Idaho, Kansas, Maryland, Mississippi, Missouri, Nevada, New Mexico, North Carolina, North Dakota, Oregon, South Dakota, Texas, Vermont, Virginia, and Wyoming.  The remaining 32 states and the District of Columbia have modified the rule to what is known as “dog bite statutes.” These statues vary widely and the state may provide full compensation for the person’s injuries, while others only reimburse medical expenses and some economic losses, such as loss of income.

Some states have moved away from the one free bite rule and hold owners responsible for any and all injuries caused by their dog, whether the animal has previously demonstrated vicious or aggressive tendencies. A victim may use the legal doctrine of premises liability when the person is harmed on the property of the dog owner. This is a specific form of negligence that applies to landowners and landlords. If a landlord knows that a vicious dog currently lives with one of their tenants and fails to do anything to control the dog, the landlord can be held liable. Determining liability will depend on where you live and which dog attack law applies in that state.

Strict Liability

Strict liability is the legal responsibility for damages or injury, even if the person found liable was not at fault or negligent in their behavior. If a dog bites someone, the owner is liable for any and all injuries sustained as a result of the attack. A dog does not get one free bite in a state that follows strict liability. This type of law has been applied for damages caused by animals because they are not governed by a conscience and possess a large capacity to inflict injury if not properly restrained.  There are certain conditions that may release a dog owner from being liable that include:

• If the victim was trespassing when they were bitten
• If a veterinary professional was bitten while treating the animal
• If the animal was provoked by the victim

Many states hold the police or military exempt from liability if their trained dogs bit someone while they are working. An individual who is injured by a police dog while on duty may not be able to successfully sue the police or city government.

How a Lawyer Can Help

If you have been injured as a result of a dog bite or attack, you may be able to file a lawsuit against the dog owner, the landlord, or other responsible party. It is important to act right away, as there may be a limited time in which you can recover financial compensation for medical expenses, pain, lost wages and even emotional trauma resulting from the incident. You should contact a personal injury attorney for advice about your case.