What You Need to Know About the One-Bite Rule

There are over 4.5 million dog bites in the U.S. every year. If a dog has bitten you, you should file a personal injury claim. One common legal standard for dog bite injuries is the one-bite rule. Here is a general overview of the one-bite rule and its effects on your dog bite injury case.

What Is the One-Bite Rule?

The “one bite” regulation is now in effect in 16 states in the United States. In the past, under the one-bite rule, a dog had one free pass before its owner was held responsible. This rule has been modified, and now a dog owner can be held liable under certain circumstances even if their dog has never injured a person before.

If a dog tends to jump on people and knock them down, this is enough notice that it could do it again. Also, if a dog growls at people, this is a sign that the dog is dangerous and is likely to attack someone. Additionally, if a dog is trained to attack, it has the potential to bite someone. Breeds known for viciousness like pit bulls also provide enough notice to a dog owner that they could bite someone.

There are situations when a dog owner may not be considered to know their dog's propensity for violence. For example, if a dog only barks at strangers, its barking nature may not be enough to claim a personal injury. Also, if a dog nips at other pets but isn't violent towards people, a dog bite may be unprecedented.

Strict Liability Vs. the One Bite Rule

Under the strict liability standard, a dog owner is liable for a dog bite injury regardless of whether they could have avoided the incident. In this case, the one-bite rule may not be sufficient defense for a dog owner against a dog bite injury.

However, the strict liability concept may not apply under certain circumstances. First, if the injured person was trespassing in the area where the attack occurred, the dog owner may be absolved of any wrongdoing. 

There are cases when trespassing may not absolve a dog owner from liability. For example, if it's reasonable to expect people to come to your property and you don't take any measures to discourage them from trespassing.

This principle mainly applies to children who may wander into a neighbor's yard to play with pets. In this case, the dog owner has a legal responsibility to prevent children from entering their yard or to prevent their dog from hurting kids.

Secondly, if the injured party provoked the dog, the dog owner may not be held liable for the injury. Provocation may come in various forms, like accidentally stepping on a dog's tail, petting a dog when it's eating, intervening in dog fights, or spraying repellent on a dog.

If the injured party is a small child, who doesn't know the consequences of their actions, it doesn't matter whether they provoked the dog — the dog owner will be held strictly liable for their injury.

Other Situations When the One Bite Rule Doesn't Apply

The one-bite rule is inconsequential if an injured person is responsible for the dog bite. If a dog owner can prove that you knew about the risk of a dog bite but chose to risk anyway, they may be absolved from a personal injury claim. For example, if you ignored a "beware of dangerous dogs" sign, the owner may not be held liable for your injury.

This rule mainly applies to veterinarians and other people who work with dogs like pet sitters, groomers, and kennel operators. These people accept the risk of dog bites as part of their job description. 

A dog bite can lead to the risk of rabies or other infections. Borbi, Clancy & Patrizi, LLC is experienced in personal injury cases arising from car accidents, and even dog bite injuries. Reach out to us to review the options for your dog bite injury claim.