What Is A One-Bite State?
Some states are referred to as a “one-bite state.” The one-bite rule is also referred to as the "first bite rule," and "one free bite rule." These are different names for the same legal doctrine that determines whether the owner of a domestic animal can be held legally liable for injuries caused by that animal.
Every state has their own dog bite liability laws. A dog bite attorney, can best advise you on how your state’s laws apply to your case.
What is The One-Bite Rule?
So, you find out that your state adheres to the one-bite rule. What does that mean exactly? Under the on-bite rule, if you have been bit by a dog, or other domesticated animal, the pet’s owner cannot be held liable for an injury to you that was caused by the first bite inflicted by their dog.
But, they don’t get off quite that easy. There are a few stipulations. The dog owner gets one free pass only if they were not negligent in their duties to control the dog.
A speedy acquisition of a lawyer makes it easier to gather the necessary evidence to prosecute your case.
There can be small, but important, variations that affect the outcome of a dog bite case. In some jurisdictions the dog owner and the dog’s keeper can be held liable. Some states may provide full compensation, while others strictly reimburse medical expenses, and maybe economic losses.
The dog owner must also not have been violating other dog laws. This can include not letting their dog run loose in
public places without a leash. The one-bite rule would also be waved if the dog’s owner was aware or should have been aware of their dog’s propensity to be dangerous. This can be established easily by a dog owner. It can also be established by an effective dog bite attorney who is able to round up evidence that the dog owner had prior knowledge of their pet’s dangerous behavior. This may include:
- The dog has had a history of snapping at people
- The owner has told other people that his or her dog is an attack dog
- The owner cautioned others that the dog bites
- The dog often wears a muzzle
Again, these variations that would wave the one-bite rule can be proven in a court of law by a seasoned personal injury attorney who has experience with dog bite lawsuits. just a few to whet your appetite. But, it's for this reason that it is so important for a person who has been bitten by a dog to consult a
dog bite attorney who understands your local and state dog bite injury liability rules and regulations.