Dogs are wonderful companions and also working animals capable of fulfilling many important roles in modern society. But sometimes, a dog bites a human or other domesticated animal, sometimes leading to serious injuries or damages.
In such cases, it’s important to understand who is liable or responsible for paying for things like property damage, medical bills, and the pain and suffering of anyone injured by the attack. The answer depends on the state in which the attack happened. Every state in the US has different statutes governing liability, but they can be broken into two main categories: Strict liability states and “One bite rule” states.
Strict Liability
In a state, such as California, which has strict liability statutes in place governing dog bites, an owner is considered liable if their dog bites a person or domestic animal. This is true regardless of whether the dog has previously bitten anyone or has shown signs of being a dangerous dog.
There are a few exceptions even in strict liability states. If the person who the dog bites had no legitimate reason to be on the property on which they were bitten, such as a trespasser, the owner would not be liable. Another exception deals with provocation. If the bitten person is judged to have acted in a way that provoked the dog to bite, this too would shelter the dog’s owner from liability.
One Bite Rule
Other states follow a long-standing common law principle known as the “one bite rule”. The one bite rule shields a dog owner from liability in the event of a dog bite if the dog had never previously bitten anyone or shown signs of being dangerous before. In effect, the dog owner is given “one free bite” before facing liability.
Even in states with variations of the one bite rule, there are often instances where an owner can still be liable if this was the first time the dog attacked someone. For example, many states, cities or counties have leash laws that require dog owners to keep their dogs on some kind of leash or line. If the owner isn’t following the leash law, they can be found negligent and liable for dog bite damages even on a first bite.
Strict Liability States
The following states have strict liability statutes on the law books:
- Alabama
- Arizona
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Hawaii
- Illinois
- Indiana
- Iowa
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Missouri
- Montana
- Nebraska
- New Hampshire
- New Jersey
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- Utah
- Washington
- West Virginia
- Wisconsin
One Bite States
The following states have some form of the one bite rule:
- Alaska
- Arkansas
- Idaho
- Kansas
- Mississippi
- Nevada
- New Mexico
- North Dakota
- South Dakota
- Texas
- Vermont
- Virginia
- Wyoming
Hybrid or Mixed Dog Bite Law States
A few states don’t quite fit neatly into the two categories when it comes to dog bite law. The following states have a mixed set of rules regarding dog bite liability:
- Georgia
- New York
- North Carolina
- Tennessee
Generally, this takes the form of a one-bite rule but with additional circumstances when an owner can be liable for a dog’s first attack. For example, Georgia law makes an owner liable for a first bite if the dog is considered a “dangerous animal” or is not under the owner’s control. New York, North Carolina, and Tennessee have variations on that exception.
If you’re involved in a dog attack, whether as the owner of the dog or a victim, it’s crucial to understand how the law applies in the state where the attack occurred. The consequences can be dramatically different depending on whether it’s a strict liability or one bite rule state.
