Dog bites are a prevalent reason for personal injury cases throughout the United States. Some states have a strict liability for dog bites depending on the history of the animal, while other states have the “One Bite Rule.” This rule has significant implications on the decision in a dog bite lawsuit, depending on the location where the incident happened and the availability of evidence.
Knowing the One Bite Rule, how it functions, and where it is effective can assist victims and dog owners in understanding their legal obligations and rights.
What Is the One Bite Rule?
The One Bite Rule is a legal doctrine rooted in common law that essentially gives a dog one “free” bite before the owner can be held liable. This doesn’t mean the dog gets a literal pass for the first bite, but rather that the owner may not be held strictly liable for the injury unless they knew or had reason to know their dog might bite.
Under this rule, liability depends on knowledge of the dog’s dangerous propensities. If the dog had never shown aggression before and suddenly bites someone, the owner might not be considered negligent. However, once the dog has exhibited signs of aggression—even without actually biting—the owner is legally on notice.
Key Elements of the One Bite Rule
To hold an owner liable under the One Bite Rule, a victim typically must prove:
- The dog bit someone before or displayed aggressive behavior
- The owner was aware or should have been aware of this behavior
- The owner failed to take reasonable steps to prevent another incident
Without proof of prior aggression or the owner’s knowledge, a claim may not succeed in states that follow this rule.
States That Still Follow the One Bite Rule
While many states have shifted toward strict liability statutes, a few still adhere to or incorporate the One Bite Rule, including:
- Texas
- New York
- Virginia
- Nevada
- Arkansas
In some of these states, the One Bite Rule has been modified to allow for liability in certain situations even if it’s the dog’s first offense—but the owner’s knowledge of potential danger is still a critical factor.
Strict Liability vs. One Bite Rule
In strict liability states, dog owners are automatically responsible for any damage their dog causes through a bite, regardless of the dog’s history or the owner’s knowledge.
In contrast, under the One Bite Rule, the owner is only liable if they knew or should have known their dog was likely to bite.
Example:
- In California (a strict liability state), a dog owner is liable for a bite even if the dog has never shown aggression.
In Texas (a One Bite Rule state), the owner is only liable if there’s evidence they were aware their dog was dangerous or had previously bitten.
Exceptions and Modifications to the Rule
Even in One Bite Rule jurisdictions, there are exceptions that can lead to liability for a dog bite even without a previous incident:
- The owner trained the dog to be aggressive or for fighting
- The breed is widely known to have aggressive tendencies
- The owner ignored warnings from trainers, neighbors, or authorities
- The dog showed non-biting aggressive behavior such as lunging or growling
In such cases, courts may find the owner knew or should have known the dog posed a danger, even if no prior bite occurred.
How Victims Can Prove Knowledge of Aggression
To hold a dog owner accountable under the One Bite Rule, a victim may need to present:
- Witness testimony about the dog’s behavior
- Previous complaints filed with animal control
- Veterinary or trainer reports noting aggression
- Social media posts or communications showing the dog’s behavior
- Video evidence of lunging, growling, or other threatening actions
The stronger the evidence that the owner knew of a risk, the more likely a court will impose liability.
How Dog Owners Can Protect Themselves
Dog owners living in One Bite Rule states should take proactive steps to minimize their risk of liability, including:
- Socialize and train their dogs from an early age
- Avoid leaving the dog unsupervised around children or strangers
- Use leashes, fences, and muzzles when appropriate
- Keep records of obedience classes and behavioral training
- Take immediate action if their dog displays aggressive behavior
If your dog has previously bitten someone or has shown signs of aggression, you may be legally obligated to take steps such as putting up warning signs, maintaining secure enclosures, or even reporting the behavior to animal control.
When Can Criminal Charges Apply?
In some severe cases, dog owners may face criminal charges under negligence or reckless conduct statutes, especially if:
- The dog was known to be dangerous
- The owner failed to secure the animal
- The attack led to severe injury or death
In One Bite Rule jurisdictions, if a court finds that the owner ignored known dangers, criminal consequences may include fines, probation, or even jail time.
Filing a Lawsuit Under the One Bite Rule
If you’ve been bitten by a dog in a One Bite Rule state and want to pursue legal action, the following steps can help strengthen your case:
- Seek medical attention immediately and document all injuries
- Report the incident to local animal control
- Collect evidence such as photographs, witness contact information, and police or medical reports
- Consult a personal injury attorney experienced in dog bite claims
- Gather any records of the dog’s prior aggressive behavior if available
A successful case may allow recovery of medical bills, lost wages, pain and suffering, and even emotional distress.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
