Not all states hold dog owners automatically liable for bite injuries. Some follow the one-bite rule, which requires proof that the owner knew or should have known their dog was dangerous before imposing liability. Understanding how the one-bite rule works is essential if you've been bitten in a state that follows this doctrine.

What Is the One-Bite Rule?

The one-bite rule is a common law doctrine that shields dog owners from liability for their dog's first bite—unless the owner had reason to know the dog was dangerous. Contrary to its name, the rule doesn't literally give dogs "one free bite." The focus is on what the owner knew about the dog's dangerous propensities, not on counting bites.

If the owner knew or should have known their dog was likely to bite or attack, they can be held liable for injuries even if the dog had never actually bitten anyone before.

States Following the One-Bite Rule

The following states apply some version of the one-bite rule for dog bite cases: Alaska, Arkansas, Hawaii, Idaho, Kansas, Maryland, Mississippi, Nevada, New Mexico, New York, North Carolina, North Dakota, Oregon, South Dakota, Texas, Vermont, Virginia, and Wyoming.

Many of these states have modified the pure one-bite rule through statutes or court decisions, creating hybrid systems. Check the specific laws in your state—an attorney familiar with local dog bite law can clarify how the rule applies to your situation.

Proving Knowledge of Dangerous Propensities

To recover damages in a one-bite state, you must prove the owner knew or should have known the dog was dangerous. Evidence that establishes this knowledge includes:

Prior bites or attacks: If the dog previously bit or attacked anyone, the owner clearly knew of its dangerous propensities.

Aggressive behavior: Growling, lunging, snapping, chasing people, or fighting with other animals can establish the owner's knowledge—even without an actual bite.

Training for aggression: Dogs trained to attack or used as guard dogs are presumed dangerous.

Complaints or warnings: If neighbors, visitors, or others complained about the dog's behavior or warned the owner, this establishes knowledge.

Breed-specific behavior: While breed alone isn't usually sufficient, knowledge of breed-specific aggressive tendencies combined with other factors may help establish notice.

The Role of Negligence

Even without proof of knowledge of dangerousness, you may recover under ordinary negligence principles. If the owner failed to use reasonable care in controlling their dog—such as violating leash laws, allowing the dog to roam freely, or failing to secure the dog despite knowing it could escape—they may be liable regardless of whether they knew the dog was dangerous.

Negligence per se may apply when the owner violated animal control ordinances. Some courts treat leash law violations as automatic evidence of negligence.

Landlord and Third-Party Liability

In one-bite states, landlords and property owners may be liable if they knew a tenant's dog was dangerous and failed to act. Evidence that a landlord received complaints about the dog, knew of prior attacks, or specifically allowed dangerous dogs can establish liability.

Defenses in One-Bite States

Dog owners in one-bite states typically argue they had no knowledge of the dog's dangerous propensities. They may claim the dog had never bitten anyone, showed no aggression, and gave no indication it might attack. The burden is on you to prove otherwise.

Provocation and trespass defenses also apply in one-bite states—if you were tormenting the dog or unlawfully on the owner's property, your recovery may be limited or barred.

Comparative Negligence

Your own actions may reduce your recovery. If you ignored warning signs, approached a dog you knew was dangerous, or took other actions that contributed to the attack, your damages may be reduced by your percentage of fault in states with comparative negligence rules.

Gathering Evidence

Building a strong case in a one-bite state requires investigating the dog's history. Useful evidence includes animal control records showing prior complaints or violations, veterinary records documenting aggressive behavior, testimony from neighbors, mail carriers, or others who encountered the dog, evidence of how the owner housed, trained, or controlled the dog, and any written or verbal warnings the owner received.

Getting Legal Help

Dog bite cases in one-bite states are more complex than strict liability states. You need evidence of the owner's knowledge, which requires investigation and legal expertise. A personal injury attorney experienced in dog bite cases can help gather evidence, identify all potentially liable parties, and prove the owner knew or should have known their dog was dangerous.