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What If The State Where The Dog Biting Took Place Falls Under A "one-Bite State?"

The rationale behind the "one bite rule" is that domestic animals by definition are not injurious, and therefore liability could be predicated only on the defendant's knowledge that a particular domestic animal had a propensity to behave in a manner that was injurious to humans. The "one bite states" generally hold that:

  • A dog owner will not be held liable for the dog's first bite, unless the dog owner himself caused the bite through negligent, reckless or intentional conduct, or by negligence per se (i.e., the injury was caused by a violation of a leash law, prohibition against dogs going "at large," or prohibition against dogs trespassing).
  • On the other hand, the owner will be liable for all bites after the first one.

Other Dog Bite FAQs

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