Liability laws on dog bites vary, but there are two main types: liability when a dog’s owner knew or should have been aware of the dog’s tendency to bite and liability whether or not the owner was aware. In this article is a discussion of the difference between these concepts as they pertain to dog bite cases.
The “One Bite” Law
Before the twentieth century, a dog’s owner was only responsible for a dog bite if they knew of the dog’s related behavior. These were often referred to as “one bite” rules because it meant that dogs were allowed a “free bite” before the owner could get into legal trouble. Now, however, the “one bite” rule has changed. If an owner has a breed known to be dangerous or if a dog is prone to attacking someone, they could be liable for a first dog bite.
An owner’s awareness of a dog’s likelihood of biting is a complex legal question. Plaintiffs and a Dog Bite Attorney need to offer evidence sufficient to convince a jury the defendant should have been aware, and defendants have to prove why the evidence is not enough, or they must provide evidence to the contrary.
Strict Liability Laws
Many jurisdictions have specific statutes on dog bites and most create strict liability in these cases. “Strict liability” means a defendant is liable when an event occurs, regardless of whether or not the event could have been prevented. The typical laws states a defendant is liable if their dog bites a plaintiff and:
- The victim was legally allowed on the premises where the bite happened
- The dog was not provoked by the plaintiff
If the strict liability statute applies, the owner’s awareness before the bite is not relevant. Some statutes only apply to bites happening in public and some allow a warning defense. Still others apply only to dog bites while other laws apply to all domesticated animals.
Regardless of differences in laws, the most vital part of strict liability statutes is that winning cases are easy to predict. Therefore, plaintiffs have a simpler time proving and winning cases, and defendants are more apt to settle out of court if the statute clearly applies to the case. If someone is injured by an attacking dog or if they need to guard against such accusations, a dog bite attorney with 30 years of experience can help build a case.
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